Mr X and Mayo County Council [2021] IEIC 93137 (5 March 2021)

Mr X and Mayo County Council [2021] IEIC 93137 (5 March 2021)

The Council was justified in refusing access to additional records under section 15(1)(a) of the FOI Act because it had taken all reasonable steps to locate the records sought, and no further records exist or can be found.

Citation
[2021] IEIC 93137
Parties
Applicant: Mr X; Respondent: Mayo County Council
Jurisdiction
Ireland
Judgment Date
05 March 2021
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
Council's refusal affirmed
Legal Topics
FOI Refusal, Record Searches, Public Body Obligations
Administrative Law Freedom of Information FOI Refusal Record Searches Public Body Obligations

Case Brief

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Parties

Mr X

Applicant

Mayo County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether Mayo County Council was justified under section 15(1)(a) of the FOI Act in refusing to release further records relating to a planning application on the grounds that no further relevant records exist or can be found

Ratio Decidendi

The Council was justified in refusing access to additional records under section 15(1)(a) of the FOI Act because it had taken all reasonable steps to locate the records sought, and no further records exist or can be found.

Court Disposition

Council's refusal affirmed