Ms K and Tusla [2024] IEIC 143368 (16 May 2024)

Ms K and Tusla [2024] IEIC 143368 (16 May 2024)

Applicant's continued use of FOI to pursue grievances, excessive number and nature of requests, refusal to use alternative communication, and significant burden on Tusla constituted a pattern of conduct amounting to abuse of the right of access. Tusla was justified in refusing both requests under section 15(1)(g) of the FOI Act 2014.

Citation
[2024] IEIC 143368
Parties
Applicant: Ms K; Respondent: Tusla
Jurisdiction
Ireland
Judgment Date
16 May 2024
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
Requests refused; Tusla's decision affirmed
Legal Topics
Vexatious Requests, Pattern of Unreasonable Requests, Access to Records, Child Protection Conferences
Administrative Law Freedom of Information Vexatious Requests Pattern of Unreasonable Requests Access to Records Child Protection Conferences

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Parties

Ms K

Applicant

Tusla

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether Tusla was justified in refusing FOI requests under section 15(1)(g) of the FOI Act as vexatious or manifestly unreasonable

Ratio Decidendi

Applicant's continued use of FOI to pursue grievances, excessive number and nature of requests, refusal to use alternative communication, and significant burden on Tusla constituted a pattern of conduct amounting to abuse of the right of access. Tusla was justified in refusing both requests under section 15(1)(g) of the FOI Act 2014.

Court Disposition

Requests refused; Tusla's decision affirmed

Orders

  • Tusla's refusal of both FOI requests under section 15(1)(g) FOI Act 2014 affirmed