Mr X and Roscommon County Council [2024] IEIC 145135 (07 May 2024)

The Council's refusal was not justified under section 15(1)(a) as the requested record was subsequently located; therefore, the refusal must be annulled and a fresh decision made.

Citation: [2024] IEIC 145135
Parties: Applicant: Mr X; Respondent: Roscommon County Council
Jurisdiction: Ireland
Judgment Date: 07 May 2024
Procedural Posture: Freedom of Information Review / Decision on Review
Outcome: refusal annulled; fresh decision directed
Legal Topics: Refusal of Access, Reasonable Searches, Existence of Records

Administrative Law Freedom of Information Refusal of Access Reasonable Searches Existence of Records

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Parties

Mr X

Applicant

Roscommon County Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

1 Whether the Council was justified in refusing access to a Feasibility Study under section 15(1)(a) of the FOI Act

Ratio Decidendi

The Council's refusal was not justified under section 15(1)(a) as the requested record was subsequently located; therefore, the refusal must be annulled and a fresh decision made.

Court Disposition

refusal annulled; fresh decision directed

Orders

The Council's refusal of the applicant's request is annulled.
The Council is directed to carry out a fresh decision making process in accordance with the FOI Act.