Fermanagh and Omagh District Council

The complainant has requested copies of inspection reports for dog breeding establishments. Fermanagh and Omagh District Council (‘the Council’) initially relied on section 43 of FOIA to withhold the requested information. The Council later explained that information in scope of the request had been destroyed in error. The Council was able to recover the majority of this information and at that point disclosed the information it held within scope of the request, no longer relying on section 43. However, the Council was not able to recover all of the information. The Commissioner therefore finds a breach of section 1(1)(b) of FOIA as it failed to disclose all the information in scope held at the time the request was made. He also finds that the Council breached section 10(1) of FOIA as it failed to provide a proper response within 20 working days. As the Commissioner is satisfied that the Council has now provided the information it holds within scope of the request, the Commissioner does not require further steps.