Ms K and Tusla [2024] IEIC 143087 (13 November 2024)

The applicant failed to provide sufficient evidence to demonstrate, on the balance of probabilities, that the information in the Child Protection Conference minutes and complaint report was incomplete, incorrect, or misleading. Assertions and contrary opinions, without supporting evidence, do not meet the threshold for amendment under section 9 of the FOI Act. Tusla was therefore justified in refusing the requested amendments.

Citation: [2024] IEIC 143087
Parties: Applicant: Ms K; Respondent: Tusla
Jurisdiction: Ireland
Judgment Date: 13 November 2024
Procedural Posture: Freedom of Information Review / Decision of the Information Commissioner Following Review Under Section 22(2) of the FOI Act
Outcome: application refused; original decision affirmed
Legal Topics: Freedom of Information, Amendment of Records, Personal Information, Child Protection Records

Administrative Law Information Law Freedom of Information Amendment of Records Personal Information Child Protection Records

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Parties

Ms K

Applicant

Tusla

Respondent

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner Following Review Under Section 22(2) of the FOI Act

Legal Issues

1 Whether Tusla was justified in refusing to amend certain information in Child Protection Conference minutes and a Complaint Report under section 9 of the FOI Act

Ratio Decidendi

Court Disposition

application refused; original decision affirmed