It is important to note that the FOI Act is concerned with access to records held by public bodies. If the record sought is not held by the public body, then that is the end of the matter. It is also important to note that the FOI Act does not require absolute certainty as to the existence or location of records, as situations can arise where records are lost or simply cannot be found. What the FOI Act requires is that the public body concerned takes all reasonable steps to locate relevant records. 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. Therefore, having regard to the information before this Office, and in the absence of any evidence to the contrary, I am satisfied that the IPS has taken all reasonable steps to locate the records sought by the applicant and that it has adequately explained why no further records exist. In the circumstances, I find that the IPS was justified in refusing access, under section 15(1)(a) of the FOI Act, to further email correspondence between the Assistant Governor and the Uniform Unit concerning the applicant.
