Mr Y and Cork County Council (Cork County Council) [2022] IEIC OIC-109746 (1 April 2022)

Mr Y and Cork County Council (Cork County Council) [2022] IEIC OIC-109746 (1 April 2022)

The Council was justified in refusing access to records for items 3, 4, 7, and 8 as no further records exist or can be found after reasonable searches. However, the Council took a narrow view regarding item 2 (housing lists), as it holds housing lists which should have been assessed for release. The decision to refuse item 2 is annulled and a fresh decision-making process is directed.

Citation
[2022] IEIC OIC-109746
Parties
Applicant: Mr Y; Respondent: Cork County Council
Jurisdiction
Ireland
Judgment Date
01 April 2022
Procedural Posture
FOI Review / Final Decision by Information Commissioner
Outcome
varied
Legal Topics
Refusal of Access, Adequacy of Searches, Record Existence, Section 15(1)(a) FOI Act, Section 17(4) FOI Act
Freedom of Information Refusal of Access Adequacy of Searches Record Existence Section 15(1)(a) FOI Act Section 17(4) FOI Act

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Parties

Mr Y

Applicant

Cork County Council

Respondent

Procedural Posture

FOI Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether Cork County Council was justified in refusing access to records under section 15(1)(a) of the FOI Act on the basis that the records do not exist or cannot be found after all reasonable steps have been taken

Ratio Decidendi

The Council was justified in refusing access to records for items 3, 4, 7, and 8 as no further records exist or can be found after reasonable searches. However, the Council took a narrow view regarding item 2 (housing lists), as it holds housing lists which should have been assessed for release. The decision to refuse item 2 is annulled and a fresh decision-making process is directed.

Court Disposition

varied

Orders

  • Council's refusal of item 2 annulled; Council directed to conduct a fresh decision-making process for item 2.
  • Council's refusal of items 3, 4, 7, and 8 affirmed.