Mr X and Monaghan County Council (Monaghan County Council) [2022] IEIC OIC-115243 (23 May 2022)

Council took all reasonable steps to locate the requested records but was unable to find them; refusal under section 15(1)(a) of the FOI Act is justified.

Citation: [2022] IEIC OIC-115243
Parties: Applicant: Mr X; Respondent: Monaghan County Council
Jurisdiction: Ireland
Judgment Date: 23 May 2022
Procedural Posture: FOI Review / Final Decision
Outcome: refusal affirmed
Legal Topics: Refusal of Access, Reasonable Search, Record Retention

Administrative Law Freedom of Information Refusal of Access Reasonable Search Record Retention

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Parties

Mr X

Applicant

Monaghan County Council

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

1 Whether the Council was justified in refusing access to photographs and a solicitor's letter under section 15(1)(a) of the FOI Act

Ratio Decidendi

Council took all reasonable steps to locate the requested records but was unable to find them; refusal under section 15(1)(a) of the FOI Act is justified.

Court Disposition

refusal affirmed

Orders

Council's refusal under section 15(1)(a) of the FOI Act affirmed
Council to release records if enforcement file is located post-review