Collapse at Warfleet Road, Dartmouth

Posted on

1. Has legal advice been sought on whether a duty of care existed following the letter of 9th March 2022, written by lawyers to the wall’s owners, which set out concerns about ‘clear cracking and damage’ in the wall and the need for an ‘expert report’.

Under Regulation 12(5)(b) of the EIR, a public authority may refuse to disclose information if its disclosure would adversely affect the course of justice. The Information Commissioner’s Office (ICO) accepts that this exception encompasses information protected by legal professional privilege (LPP). Confirming or denying whether legal advice has been sought in relation to this issue would reveal internal operational strategy during an active, unresolved dispute. To confirm that advice has been sought would signal perceived legal vulnerability or impending litigation. To confirm it has not been sought would expose a lack of legal preparation. Either disclosure would adversely affect the Council’s ability to defend its legal rights and ensure a fair resolution to this matter, thereby undermining the course of justice.

Regulation 12(1)(b) requires us to apply a public interest test, with a presumption in favour of disclosure under Regulation 12(2). We acknowledge the public interest in transparency regarding local infrastructure and safety concerns surrounding the collapse.
However, there is a dominant and long-standing public interest in maintaining the “safe space” for public authorities to evaluate potential liabilities and legal options in confidence. Premature disclosure of whether or not legal counsel is engaged would disrupt the level playing field necessary for a fair resolution. Therefore, the public interest in maintaining the exception outweighs the public interest in disclosure at this time.

2. Previous Freedom of Information reports indicate these cracks were not reported to DCC until December 2023. Is that correct?

This information is exempt from disclosure under Section 21 of the Freedom of Information Act 2000 (Information Reasonably Accessible by Other Means). 

The requested information is already publicly available on the Devon County Council Disclosure Log in response to the information request titled Warfleet Road, Dartmouth. Question 10b of this previous information request response provides a timeline, showing the first report dating back to December 2023.

3. Have the authors of this letter been involved in legal discussions re liability for the collapse and has any conflict of interest been disclosed, especially in the event there was a failure in duty of care arising from the letter?

Devon County Council does not hold recorded information falling within the scope of this request.

4. Do Sections 77 and 78 of the 1984 Building Act apply in this case?

A response cannot be provided to this question. This is because this is not a request for information held.

5. In carrying out repairs to the road, are DCC accepting full liability for the collapse of the road?

A response cannot be provided to this question. This is because this is not a request for information held.