Mr X and Wicklow County Council (FOI 2014 Act) [2016] IEIC 160268 (28 July 2016)

Mr X and Wicklow County Council (FOI 2014 Act) [2016] IEIC 160268 (28 July 2016)

The Council was not justified in refusing the request under section 15(1)(c) because it failed to comply with its obligation under section 15(4) to assist or offer to assist the applicant to amend the request.

Citation
[2016] IEIC 160268
Parties
Applicant: Mr X; Respondent: Wicklow County Council
Jurisdiction
Ireland
Judgment Date
28 July 2016
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
decision annulled and remitted
Legal Topics
FOI Refusal, Public Records, Procedural Compliance
Administrative Law Freedom of Information FOI Refusal Public Records Procedural Compliance

Case Brief

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Parties

Mr X

Applicant

Wicklow County Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether the Council was justified in refusing access to records under section 15(1)(c) of the FOI Act without complying with section 15(4)

Ratio Decidendi

The Council was not justified in refusing the request under section 15(1)(c) because it failed to comply with its obligation under section 15(4) to assist or offer to assist the applicant to amend the request.

Court Disposition

decision annulled and remitted

Orders

  • The Council's decision is annulled.
  • The Council is directed to undertake a fresh decision-making process in respect of the request, in accordance with the FOI Act.