Mr Q and Cork City Council (Cork City Council) [2020] IEIC 58192 (20 January 2020)

Mr Q and Cork City Council (Cork City Council) [2020] IEIC 58192 (20 January 2020)

The Council was not justified in refusing the request in its entirety, as at least part of the request (relating to all records concerning the laneway) was valid. The Council failed to meet its obligation under section 12(6) to assist the applicant in making a valid request. The appropriate remedy is to annul the Council's decision and direct it to assist the applicant in submitting a compliant request.

Citation
[2020] IEIC 58192
Parties
Applicant: Mr Q; Respondent: Cork City Council
Jurisdiction
Ireland
Judgment Date
20 January 2020
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Council's decision annulled
Legal Topics
Validity of FOI Requests, Obligation to Assist Under FOI Act, Scope of Records Request
Administrative Law Freedom of Information Validity of FOI Requests Obligation to Assist Under FOI Act Scope of Records Request

Case Brief

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Parties

Mr Q

Applicant

Cork City Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Council was justified in refusing the applicant's request for records on the grounds that parts of the request were not valid and that no relevant records exist
  2. 2 Whether the Council met its obligation to assist the applicant under section 12(6) of the FOI Act

Ratio Decidendi

The Council was not justified in refusing the request in its entirety, as at least part of the request (relating to all records concerning the laneway) was valid. The Council failed to meet its obligation under section 12(6) to assist the applicant in making a valid request. The appropriate remedy is to annul the Council's decision and direct it to assist the applicant in submitting a compliant request.

Court Disposition

Council's decision annulled

Orders

  • Council to engage with the applicant and offer assistance to help him submit a fresh request in accordance with the Act