Ms Y and Galway County Council

• Judge: Stephen Rafferty Senior Investigator
• Judgment Date: 29 May 2015
• Case Outcome: The Senior Investigator affirmed the decision of the Council.
• Court: Information Commission
• Record Number: 150045
• Respondent: Galway County Council

Whether the Council was justified in refusing to release further records relating to the applicant's request for a report of a complaint made about her on the ground that no further relevant records exist.

Conducted in accordance with section 22(2) of the FOI Act by Stephen Rafferty, Senior Investigator, who is authorised by the Information Commissioner to conduct this review

Background

The applicant made a request on 15 October 2014 for a copy of a report which had been sent to the Council's Housing Department about her. On 13 November 2014 the Council refused her request on the ground that the record sought did not exist. The Council went on to explain, however, that an anonymous telephone call had been received regarding the applicant and it provided details of the complaint made.

On 3 December 2014 the applicant sought an internal review of the Council's decision. The Council issued its internal review decision on 12 January 2015, upholding the original decision. On 10 February 2015 the applicant contacted this Office to seek a review of the Council's decision.

During the course of the review, Ms Sandra Murdiff, Investigating Officer, contacted the Council and clarified that a file note existed of the anonymous telephone conversation. The Council provided the applicant with a copy of the record in question on 14 April 2015. Subsequently, Ms Murdiff invited the applicant to withdraw her application for review or to provide any further comment she considered relevant to the review. While the applicant indicated that she did not want to withdraw her application for review, she did not make any further submission. Accordingly, I have decided to conclude this review by way of a formal binding decision.

In conducting this review I have had regard to the Council's decisions on the matter and its communications with this Office, to the applicant's communications with this Office and the Council and to the contents of the record released by the Council.

Scope of Review

This review is solely concerned with whether the Council was justified in refusing to release further records relating to the applicant's request for a report of a complaint made about her on the ground that no further relevant records exist.

Preliminary Matters

It is important to note that the Commissioner's remit does not extend to examining the actions of the Council in dealing with complaint made concerning the...