Mr Y and Clare County Council [2022] IEIC OIC-115426 (21 February 2022)

Mr Y and Clare County Council [2022] IEIC OIC-115426 (21 February 2022)

The Council did not comply with section 15(4) by failing to provide reasonable assistance to the applicant in amending the request before refusing under section 15(1)(c), rendering the refusal unjustified.

Parties
Applicant: Mr Y; Respondent: Clare County Council
Jurisdiction
Ireland
Judgment Date
21 February 2022
Procedural Posture
FOI Review / Final Decision
Outcome
decision annulled
Legal Topics
FOI Refusal, Procedural Compliance, Public Records Access
Administrative Law Freedom of Information FOI Refusal Procedural Compliance Public Records Access

Case Brief

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Parties

Mr Y

Applicant

Clare County Council

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether Clare County Council was justified in refusing access under section 15(1)(c) of the FOI Act to records on communication with planning consultants regarding Cliffs of Moher Development between December 2002 and December 2020

Ratio Decidendi

The Council did not comply with section 15(4) by failing to provide reasonable assistance to the applicant in amending the request before refusing under section 15(1)(c), rendering the refusal unjustified.

Court Disposition

decision annulled

Orders

  • Council's refusal under section 15(1)(c) annulled
  • Council directed to consider the request afresh in compliance with section 15(4)