It is important to note that it is open to this Office to find that an FOI body has satisfied the requirements of section 15(1)(a), even where records that an applicant believes ought to exist have not been located. We do not generally expect FOI bodies to carry out extensive or indefinite general searches for records simply because an applicant asserts that records should or might exist. I acknowledge there are extenuating circumstances in relation to the applicant's property, and I understand that these circumstances have been ongoing for some time, and therefore this decision will likely be frustrating for him. However, as stated above, this review is solely concerned with whether the Council was justified, under section 15(1)(a) of the FOI Act, in refusing access to any further records relating to the applicant's request, on the basis that no further records exist. Therefore, having regard to the information before this Office, and in the absence of any evidence to the contrary, I am satisfied that the Council has adequately explained why no further records exist in relation to the applicant's request. In the circumstances, I find that the Council was justified in refusing access to further records relating to the applicant's request under section 15(1)(a) of the FOI Act.
