The Information Commissioner has ruled that DEFA failed in its duties under the Freedom of Information Act regarding a request for correspondence about racist language.
The decision follows a complaint from an applicant who requested copies of any correspondence referring to the use of racist language between DEFA and Ramsey Town Commissioners during November 2023.
DEFA initially stated it could not find the information and later refused to conduct an internal review.
In her decision notice, the Commissioner found the department “did not undertake a reasonable search for the requested information and was not justified in refusing to undertake an internal review”.
The notice states that an internal communication within DEFA contained the inaccurate assertion that “a whole department search is not permitted under the FOIA”.
The Commissioner deemed the limited search, based on an assumption about which teams had relevant correspondence, inappropriate.
Consequently, the Commissioner requires DEFA to re-process the request and provide a new response. The department must also provide the Commissioner with all current FOI process and training documentation within 30 days.