ICO Decision: Council correct to withhold legal advice under EIR

ICO Decision Notices

Filed March 11th, 2026

Detected March 17th, 2026

Summary

The UK Information Commissioner's Office (ICO) issued a decision finding that Wychavon District Council was correct to withhold legal advice under Regulation 12(5)(b) of the Environmental Information Regulations (EIR). The decision upholds the council's action and requires no further steps.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice (IC-460863-T4Z7) concerning a request made to Wychavon District Council for information related to legal advice. The complainant sought disclosure of this advice, but the council withheld it under Regulation 12(5)(b) of the Environmental Information Regulations (EIR), citing the 'course of justice' exemption. The ICO has ruled that the council's decision to withhold the information was correct and upheld the exemption.

This decision means that Wychavon District Council is not required to take any further action regarding the disclosure of the specific legal advice requested. For other public authorities, this decision reinforces the application of the 'course of justice' exemption under EIR Regulation 12(5)(b) when dealing with requests for legal advice, particularly where disclosure could prejudice ongoing or future legal proceedings. Compliance officers in local government should note this precedent when assessing similar information requests.

Source document (simplified)

Wychavon District Council

Date 11 March 2026
Sector Local government
Decision(s) EIR 12(5)(b): Not upheld The complainant has requested information relating to legal advice sought and received by Wychavon District Council (“the council“). The council provided some explanatory information, however it withheld the requested information under Regulation 12(5)(b) of the EIR, (course of justice). The Commissioner’s decision is that the council was correct to apply Regulation 12(5)(b) to withhold the information from disclosure. The Commissioner therefore does not require the council to take any further steps.