Ms X and Westmeath County Council [2025] IEIC 146733 (30 January 2025)

Ms X and Westmeath County Council [2025] IEIC 146733 (30 January 2025)

The Council failed to satisfy the Commissioner that reasonable searches were undertaken for one category of records, warranting annulment of the refusal for that part and a new decision-making process. For the remainder, the refusal was affirmed as no further records exist or could be found.

Citation
[2025] IEIC 146733
Parties
Applicant: Ms X; Respondent: Westmeath County Council
Jurisdiction
Ireland
Judgment Date
30 January 2025
Procedural Posture
FOI Appeal / Decision of Information Commissioner
Outcome
partly varied, partly affirmed
Legal Topics
FOI Refusal, Record Searches, Decision Making Process
Administrative Law Freedom of Information FOI Refusal Record Searches Decision Making Process

Case Brief

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Parties

Ms X

Applicant

Westmeath County Council

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner

Legal Issues

  1. 1 Whether the Council conducted reasonable searches for requested records under section 15(1)(a) of the FOI Act
  2. 2 Whether further records exist or could be found

Ratio Decidendi

The Council failed to satisfy the Commissioner that reasonable searches were undertaken for one category of records, warranting annulment of the refusal for that part and a new decision-making process. For the remainder, the refusal was affirmed as no further records exist or could be found.

Court Disposition

partly varied, partly affirmed

Orders

  • Annulment of refusal for one category of records; Council to conduct new decision-making process for that part
  • Affirmation of refusal for remainder of request as no further records exist