Is correspondence between the LA and a School protected by Litigation Privilege ?
A SAR has been filed with a school, the LA have been communicating with the school in anticipation of a possible appeal being lodged. Some of the information in the correspondence would be detrimental to the LA position if an appeal is brought. Can this information be withheld and not provided following the request for SAR as protected by litigation privilege.
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Samudu, just noticed this post. I do not think that would make a difference in itself. Even as an external LA solicitor, I have had a situation where my Paralegal's note of a LA meeting with our prospective local college was, without my knowledge, disclosed by the college following a later SAR from the appellant's solicitor to them. They lodged it as part of parental evidence. It did no harm to my client's (the opposite if anything) but nevertheless I did as a point of principle try and have it excluded at a TCMH on the basis of it being privileged. But the Judge read it and felt it was not privileged as it was just a general LA/Legal discussion about how best the college might meet SEN, rather than any particular legal advice. Also, generally, my working assumption is that anything between a LA (or their lawyer) and a witness school might end up in the hearing bundle, and so draft cautiously for that reason.