Department for Communities and Local Government
Eland House
Bressenden Place
London
SW1E 5DU / T030344 44346
Mr Greenhill
7 August 2012 / Ref FO005949
Extension of time letter – Freedom of Information
Dear Mr Greenhill,
I am writing in response to your request of 6 July for information about correspondence between the Department for Communities and Local Government and Broxbourne Borough Council. DCLG does hold some ofthis information and I am dealing with your request under the Freedom of Information Act 2000.
The FOI Act obliges the department to respond to requests within 20 working days. However, when one or more qualified exemptions apply to the information and the Department requires further time to carry out its consideration of the balance of the public interest, we are permitted to extend the time for response. We do, of course, aim to make all decisions within 20 working days, including in cases where we need to consider where the public interest lies in respect of a request for exempt information. Your request, however, raises complex public interest considerations which must be analysed before we can come to a decision.
The specific exemption I am considering is:Section 36(2) -Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act—
(b)would, or would be likely to, inhibit—
(i)the free and frank provision of advice, or
(ii)the free and frank exchange of views for the purposes of deliberation
In your case I need to extend the response time by 20 working days to give me time to decide if the public interest in withholding the information outweighs the public interest in disclosing it.
I plan to let you have a response by 5 September 2012. If there is a need for any further extension of time I will let you know.
For information about the FOI exemptions and the public interest test, see the Information Commissioner’s website at
The Department for Communities and Local Government as an organisation aims to be as helpful as possible in the way it deals with requests for information under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. If, however, you are not satisfied with the way in which your request has been handled or the outcome, you may request an internal review within two calendar months of the date of this letter. The Department's Internal Review leaflet explains our review procedures and how to apply for an internal review of your case.
This also explains your right to apply directly to the Information Commissioner for a decision in the event that you remain dissatisfied following the Department’s review. Generally, the ICO cannot make a decision unless you have exhausted the Internal Review procedure provided by Communities and Local Government. The Information Commissioner‘s address is in this leaflet.
If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.
Yours sincerely,
Nick Bagshaw
Local Government Policy Adviser
7 August 2012