Mr Y and CORU [2020] IEIC 58788 (17 April 2020)

Mr Y and CORU [2020] IEIC 58788 (17 April 2020)

CORU failed to take all reasonable steps to ascertain the whereabouts of relevant records by not making enquiries with the staff member most likely to clarify the existence of further records, thus its refusal under section 15(1)(a) was not justified.

Citation
[2020] IEIC 58788
Parties
Applicant: Mr Y; Respondent: CORU
Jurisdiction
Ireland
Judgment Date
17 April 2020
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
decision annulled
Legal Topics
Refusal of Access to Records, Section 15(1)(a) FOI Act, Adequacy of Search for Records
Administrative Law Freedom of Information Refusal of Access to Records Section 15(1)(a) FOI Act Adequacy of Search for Records

Case Brief

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Parties

Mr Y

Applicant

CORU

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether CORU was justified in refusing access to further records relating to the breakdown of interview scores under section 15(1)(a) of the FOI Act on the grounds that no such further records exist or can be found

Ratio Decidendi

CORU failed to take all reasonable steps to ascertain the whereabouts of relevant records by not making enquiries with the staff member most likely to clarify the existence of further records, thus its refusal under section 15(1)(a) was not justified.

Court Disposition

decision annulled

Orders

  • CORU must consider the applicant’s request for records afresh and make a new, first instance decision in accordance with the FOI Act.