Mr E and Health Service Executive (Health Service Executive) [2022] IEIC 127468 (16 December 2022)
The HSE was not justified in refusing access to records relating to the outsourcing of occupational health services as it had not taken all reasonable steps to ascertain their whereabouts; however, it was justified in refusing access to further communications as all reasonable searches had been conducted and no further records exist.
- Citation
- [2022] IEIC 127468
- Parties
- Applicant: Mr E; Respondent: Health Service Executive
- Jurisdiction
- Ireland
- Judgment Date
- 16 December 2022
- Procedural Posture
- FOI Review / Decision on Review
- Outcome
- partly affirmed, partly annulled
- Legal Topics
- Access to Records, Section 15(1)(a) FOI Act, Outsourcing of Occupational Health Services, Adequacy of Searches
Case Brief
Summary, issues, holding and outcome
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Parties
Mr E
Applicant
Health Service Executive
Respondent
Procedural Posture
FOI Review / Decision on Review
Legal Issues
- 1 Whether the HSE was justified in refusing access to records on the basis of section 15(1)(a) of the FOI Act
Ratio Decidendi
The HSE was not justified in refusing access to records relating to the outsourcing of occupational health services as it had not taken all reasonable steps to ascertain their whereabouts; however, it was justified in refusing access to further communications as all reasonable searches had been conducted and no further records exist.
Court Disposition
partly affirmed, partly annulled
Orders
- HSE to carry out searches and make a fresh decision regarding records on outsourcing of occupational health services.
- HSE's refusal of further communications records affirmed.
Full Case Text
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