H.H -v- Judge McDonnell & Anor [2012] IEHC 255 (19 June 2012)

The proceedings are moot as the Circuit Court order was complied with, the information was accessed, and no practical advantage can be achieved by granting relief; judicial review is refused.

Citation: [2012] IEHC 255
Parties: Applicant: H. H.; First Named Respondent: Her Honour Judge McDonnell; Second Named Respondent: Health Service Executive
Jurisdiction: Ireland
Judgment Date: 19 June 2012
Procedural Posture: Judicial Review / Final Judgment
Outcome: Reliefs sought refused; judicial review denied.
Legal Topics: Release of Personal Records, Risk Assessment in Child Care Proceedings, Mootness Doctrine, Judicial Review of Circuit Court Orders

Child Care Law Privacy Law Administrative Law Release of Personal Records Risk Assessment in Child Care Proceedings Mootness Doctrine Judicial Review of Circuit Court Orders

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Parties

H. H.

Applicant

Her Honour Judge McDonnell

First Named Respondent

Health Service Executive

Second Named Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Circuit Court order releasing applicant's childhood files for risk assessment in child care proceedings was lawful
2 Whether the proceedings are moot due to compliance with the Circuit Court order
3 Whether delay in seeking judicial review affects entitlement to relief

Ratio Decidendi

The proceedings are moot as the Circuit Court order was complied with, the information was accessed, and no practical advantage can be achieved by granting relief; judicial review is refused.

Court Disposition

Reliefs sought refused; judicial review denied.