Mr D and Tusla (Tusla) [2022] IEIC 124204 (16 September 2022)

Mr D and Tusla (Tusla) [2022] IEIC 124204 (16 September 2022)

Disclosure of the records would constitute contempt of court as they were created and furnished to the District Court in the context of in camera care proceedings, and no judicial authority for disclosure exists; section 31(1)(b) applies.

Source-derived case information.

Citation
[2022] IEIC 124204
Parties
Applicant: Mr D; Respondent: Tusla
Jurisdiction
Ireland
Judgment Date
16 September 2022
Procedural Posture
FOI Review / Final Decision
Outcome
request refused
Legal Topics
FOI Exemptions, In Camera Proceedings, Care Proceedings
Freedom of Information Contempt of Court FOI Exemptions In Camera Proceedings Care Proceedings

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Parties

Mr D

Applicant

Tusla

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether Tusla was justified in refusing access to specific reports under sections 31(1)(b), 32(1)(a), and 37(1) of the FOI Act

Ratio Decidendi

Disclosure of the records would constitute contempt of court as they were created and furnished to the District Court in the context of in camera care proceedings, and no judicial authority for disclosure exists; section 31(1)(b) applies.

Court Disposition

request refused

Orders

  • Tusla's refusal affirmed; records are exempt under section 31(1)(b) of the FOI Act.