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The Ministry of Community and Social Services (the Ministry) received a request under the Freedom of Information and Protection of Privacy (the Act) for access to the contents of the eligibility review officer's (ERO) file, the parental support worker's file, the Ministry's corporate file and any other file pertaining to the requester. The Ministry granted partial access to the responsive records. The requester appealed the decision to deny access to the remaining records.
The records requested were generated as part of an investigation conducted by the Ministry to determine whether the appellant was entitled to continue to receive social assistance as a single person under the Family Benefits Act (the FBA).
The records to which the Ministry denied access consist of the ERO report, letters to and from the Ministry, lists of witnesses and of documents for transfer to the police, "will state" documents, EFT enquiry sheets and declarations. The records are listed in Appendix "A" to this order and all have been withheld in their entirety with the exception of Records 34, 35 and 36 which were withheld in part.
The Ministry relies on the following exemptions to deny access to the records:
law enforcement/discretion to refuse requester's own information - sections 14(1) and 49(a)
invasion of privacy - section 49(b)
During mediation, the appellant confirmed that the scope of the request was limited to the personal information of the appellant and the alleged co-resident. The alleged co-resident has provided written consent to this office regarding disclosure of his personal information to the appellant.
A Notice of Inquiry was provided to the appellant and the Ministry. Representations were received from both parties. The Ministry has indicated that it is now prepared to disclose Record 9 which is therefore no longer at issue.
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