Mr X and Irish Prison Service (FOI Act 2014) (Irish Prison Service) [2018] IEIC 170495 (2 February 2018)

The Irish Prison Service did not take all reasonable steps to ascertain the whereabouts of all records within the scope of the applicant's request, and therefore its refusal was not justified.

Citation: [2018] IEIC 170495
Parties: Applicant: Mr X; Respondent: Irish Prison Service
Jurisdiction: Ireland
Judgment Date: 02 February 2018
Procedural Posture: Freedom of Information Review / Decision on Review
Outcome: decision annulled and remitted
Legal Topics: Access to Information, Adequacy of Search, FOI Refusal, Review Procedure

Administrative Law Freedom of Information Access to Information Adequacy of Search FOI Refusal Review Procedure

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Parties

Mr X

Applicant

Irish Prison Service

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

1 Whether the Irish Prison Service was justified in refusing access to further records relating to the applicant under section 15(1)(a) of the FOI Act

Ratio Decidendi

The Irish Prison Service did not take all reasonable steps to ascertain the whereabouts of all records within the scope of the applicant's request, and therefore its refusal was not justified.

Court Disposition

decision annulled and remitted

Orders

The IPS must conduct a fresh decision-making process in respect of the original request.