Decision
Ms Y and Mr Z c/o a solicitor and Cork County Council
From Office of the Information Commissioner (OIC)
Case number: OIC-55393-T4D2S0
Published on
From Office of the Information Commissioner (OIC)
Case number: OIC-55393-T4D2S0
Published on
Whether the Council was justified in refusing to provide the applicants with statements of reasons for various acts relating to their application for housing supports
13 November 2019
In a request dated 15 March 2019, the applicants submitted a request to the Council, through their legal representatives, for access to a wide range of records and information relating to their application for housing supports and more generally relating to the provision of housing, including emergency accommodation, in a specified area of Cork.
They also sought statements of reasons (i) for their current position on the housing list, (ii) in relation to any actions taken by the Council in relation to the provision of emergency accommodation for their family since September 2018, and (iii) in relation to any actions taken by the Council in relation to the provision of emergency accommodation in the specified area since September 2018. This review is concerned solely with the application for statements of reasons. The request for records has been considered in a separate review.
In a decision dated 15 April 2019, the Council refused the application for statements of reasons on the ground that the applicants did not have a material interest in a matter affected by the acts identified. On 25 April 2019, the applicants sought an internal review of that decision, following which the Council affirmed its original decision. On 23 July 2019, the applicant sought a review by this Office of the Council’s decision.
I have now completed my review in accordance with section 22(2) of the FOI Act. In carrying out my review, I have had regard to the correspondence between the applicants and the Council and to the correspondence between this Office and both the applicants and the Council on the matter. I have decided to conclude this review by way of a formal, binding decision.
This review is concerned solely with whether the Council has complied with the requirements of section 10 of the FOI Act in refusing to provide statements of reasons for various acts relating to the applicants’ housing situation.
Section 10
Section 10(1) of the FOI Act provides that a person who is affected by an act of an FOI body, and has a material interest in a matter affected by the act or to which it relates, is entitled to a statement of reasons for the act as well as a statement of any findings on any material issues of fact made for the purposes of that act. For the purposes of section 10, an act of the body includes a decision of the body.
Section 10(5) provides that a person has a material interest in a matter affected by an act of an FOI body or to which it relates:
"if the consequence or effect of the act may be to confer on or withhold from the person a benefit without also conferring it on or withholding it from persons in general or a class of persons which is of significant size having regard to all the circumstances and of which the person is a member."
Under subsection (13), benefit is defined as including any advantage to the person, or the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage affecting the person.
General Principles
This Office has previously set out its approach to, and interpretation of, section 10 and has established the following principles:
It seems to me that the key issue arising in this case is whether the applicants have identified any specific acts of the Council that have affected them and whether they have a material interest in a matter affected by those act or to which they relate.
The applicants argued that they do, indeed, have a material interest in matters affected by the acts identified as they have been assessed as homeless and their area of preference for social housing is the specific area identified. In their submission to this Office, they argued that they are entitled to know how their housing application is being dealt with and that they are therefore entitled to a statement of reasons on the matter
As can be seen from the principles I have outlined above, the requirement to provide a statement of reasons does not apply to every action of an FOI body. It does not require the Council to provide reasons for any and all actions it has taken in relation to the provision of emergency accommodation for the applicants unless the acts have affected them and they have a material interest in a matter affected by those acts or to which they relate.
As I have also outlined above, section 10(5) provides that a person has a material interest in a matter affected by an act of an FOI body or to which it relates if the consequence or effect of the act may be to confer on or withhold from the person a benefit without also conferring it on or withholding it from persons in general or a class of persons which is of significant size having regard to all the circumstances and of which the person is a member.
It seems to me that the substantive action taken by the Council in this case was the assessment of the housing needs of the applicants. This is the act that may confer or withhold a benefit. On this point, the applicants are aware that the Council assessed them as “homeless” in September 2018. On the matter of their current position on the housing list, the Council previously explained to the applicants that it does not operate a numerical type positioning of applicants on a housing list. As such, I am satisfied in applying for a statement of reasons for their position on the housing list, the applicants have not identified a specific act of the Council for which a statement might be provided.
I note that the applicants have expressed concern that being aware of the fact that they have been categorised as homeless provides them with no assistance in understanding when they may expect to have their housing needs met. However, it is not the purpose of section 10 to require the Council to provide such clarity.
On the matter of their application for statements of reasons in relation to any actions taken by the Council in relation to the provision of emergency accommodation for their family since September 2018 and in relation to any actions taken by the Council in relation to the provision of emergency accommodation in the specified area since September 2018, the applicants have not identified any specific act for which a statement of reasons in sought.
If the Council made a specific decision or carried out a specific act in relation to the provision of emergency accommodation for the applicants which affected them and they consider that the outcome of that act or decision was to confer on or withhold from them a benefit, it is open to them to submit a fresh application wherein they can identify the specific act or decision for which a statement of reasons is sought.
In the circumstances, I am not satisfied that the applicants have identified specific acts of the Council for which the Council is required to provide statements of reasons. As such, I find that the Council was justified in refusing to provide the statements sought.
Having carried out a review under section 22(2) of the Freedom of Information Act 2014, I hereby affirm the decision of the Council to refuse to provide the applicant with statements of reasons for various acts relating to their application for housing supports.
Section 24 of the FOI Act sets out detailed provisions for an appeal to the High Court by a party to a review, or any other person affected by the decision. In summary, such an appeal, normally on a point of law, must be initiated not later than four weeks after notice of the decision was given to the person bringing the appeal.
Stephen Rafferty
Senior Investigator