Ms. T v Information Commissioner (Approved) [2023] IEHC 108 (24 February 2023)

Ms. T v Information Commissioner (Approved) [2023] IEHC 108 (24 February 2023)

The Commissioner erred in law by failing to consider and disclose to the appellant material information provided by the hospital during the statutory settlement process, which was relevant to the outcome of the review. This failure breached fair procedures and the requirement to consider all relevant matters, warranting the quashing of the Commissioner's decision.

Citation
[2023] IEHC 108
Parties
Appellant: Ms. T; Respondent: Information Commissioner
Jurisdiction
Ireland
Judgment Date
24 February 2023
Procedural Posture
Statutory Appeal Under Freedom of Information Act 2014, S.24 / Judgment on Appeal
Outcome
appeal allowed; Commissioner's decision quashed
Legal Topics
Amendment of Records, Procedural Fairness, Materiality of Evidence, Statutory Interpretation, Settlement Process Under FOI
Administrative Law Freedom of Information Amendment of Records Procedural Fairness Materiality of Evidence Statutory Interpretation Settlement Process Under FOI

Case Brief

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Parties

Ms. T

Appellant

Information Commissioner

Respondent

Procedural Posture

Statutory Appeal Under Freedom of Information Act 2014, S.24 / Judgment on Appeal

Legal Issues

  1. 1 Whether the Information Commissioner erred in law by failing to consider and disclose material information provided by the hospital during the statutory settlement process under s.22(7) of the Freedom of Information Act 2014
  2. 2 Whether the Commissioner failed to observe fair procedures by not notifying the appellant of new material issues arising during the review

Ratio Decidendi

The Commissioner erred in law by failing to consider and disclose to the appellant material information provided by the hospital during the statutory settlement process, which was relevant to the outcome of the review. This failure breached fair procedures and the requirement to consider all relevant matters, warranting the quashing of the Commissioner's decision.

Court Disposition

appeal allowed; Commissioner's decision quashed

Orders

  • Decision of the Information Commissioner of 10 November 2021 quashed
  • Matter to be listed for submissions on costs and consideration of remittal to the Commissioner