Mr D and Health Service Executive (FOI Act 2014) [2016] IEIC 160330 (13 October 2016)

Mr D and Health Service Executive (FOI Act 2014) [2016] IEIC 160330 (13 October 2016)

The HSE was justified in refusing access because the decision to suspend overtime was a local management decision, not a written policy, and all reasonable steps were taken to locate any relevant record, which does not exist.

Citation
[2016] IEIC 160330
Parties
Applicant: Mr D; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
13 October 2016
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
refusal affirmed
Legal Topics
Refusal of Access, Existence of Records, Search Obligations, Sick Leave Policy, Overtime Policy
Administrative Law Freedom of Information Refusal of Access Existence of Records Search Obligations Sick Leave Policy Overtime Policy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mr D

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the HSE was justified in refusing access to a record outlining a specific sick-leave/overtime policy on the ground that the record does not exist

Ratio Decidendi

The HSE was justified in refusing access because the decision to suspend overtime was a local management decision, not a written policy, and all reasonable steps were taken to locate any relevant record, which does not exist.

Court Disposition

refusal affirmed

Orders

  • Decision of the HSE affirmed; access to the requested record refused on the ground that it does not exist.