Mr X and Cavan and Monaghan Education and Training Board [2019] IEIC 190270 (30 October 2019)

Mr X and Cavan and Monaghan Education and Training Board [2019] IEIC 190270 (30 October 2019)

The withheld records (number of teachers allocated to each school) do not fall within the exclusion in Schedule 1 Part 1(h) as they do not enable compilation of information concerning comparative performance of schools in respect of academic achievement. Section 30(1)(b) does not apply because the ETB failed to...

Source-derived case information.

Citation
[2019] IEIC 190270
Parties
Applicant: Mr X; Respondent: Cavan and Monaghan Education and Training Board
Jurisdiction
Ireland
Judgment Date
30 October 2019
Procedural Posture
FOI Appeal / Decision of Information Commissioner on Review
Outcome
appeal allowed; refusal annulled
Legal Topics
FOI Exemptions, Public Body Disclosure Obligations, Comparative Performance Data, Management Functions, Public Interest Test
Freedom of Information Education Law Administrative Law FOI Exemptions Public Body Disclosure Obligations Comparative Performance Data Management Functions Public Interest Test

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Parties

Mr X

Applicant

Cavan and Monaghan Education and Training Board

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner on Review

Legal Issues

  1. 1 Whether the ETB was justified in refusing access to records showing the number of teaching staff allocated to individual schools under Schedule 1 Part 1(h) or section 30(1)(b) of the FOI Act.

Ratio Decidendi

The withheld records (number of teachers allocated to each school) do not fall within the exclusion in Schedule 1 Part 1(h) as they do not enable compilation of information concerning comparative performance of schools in respect of academic achievement. Section 30(1)(b) does not apply because the ETB failed to demonstrate a reasonable expectation of significant adverse effect on management functions from disclosure. Even if it did, the public interest in transparency and accountability outweighs any potential harm.

Court Disposition

appeal allowed; refusal annulled

Orders

  • ETB directed to release the records showing the number of whole time equivalent teaching staff allocated to each individual school.