Mr Y and Cork County Council [2024] IEIC 144023 (14 March 2024)

Mr Y and Cork County Council [2024] IEIC 144023 (14 March 2024)

The Council was justified in refusing the applicant's request under section 15(1)(a) of the FOI Act because it took all reasonable steps to locate the records, and the evidence supports that the records do not exist or cannot be found within the Council after their transfer to Cork City Council.

Source-derived case information.

Citation
[2024] IEIC 144023
Parties
Applicant: Mr Y; Respondent: Cork County Council
Jurisdiction
Ireland
Judgment Date
14 March 2024
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
refusal affirmed
Legal Topics
Refusal of Access to Records, Reasonable Search, Transfer of Records, Section 15(1)(a) FOI Act
Administrative Law Freedom of Information Refusal of Access to Records Reasonable Search Transfer of Records Section 15(1)(a) FOI Act

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Parties

Mr Y

Applicant

Cork County Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether the Council was justified in refusing access to records relating to the applicant's participation in an SLR process on the ground that the records do not exist or cannot be found

Ratio Decidendi

The Council was justified in refusing the applicant's request under section 15(1)(a) of the FOI Act because it took all reasonable steps to locate the records, and the evidence supports that the records do not exist or cannot be found within the Council after their transfer to Cork City Council.

Court Disposition

refusal affirmed

Orders

  • Council's refusal under section 15(1)(a) of the FOI Act is affirmed