Ms. W and Dublin City Council [2021] IEIC OIC-108825-X3V8V8 (15 September 2021)

Council was not justified in refusing the request under section 15(1)(a) as relevant records do exist; decision annulled and Council directed to reconsider the request.

Citation: [2021] IEIC OIC-108825-X3V8V8
Parties: Applicant: Ms. W; Respondent: Dublin City Council
Jurisdiction: Ireland
Judgment Date: 15 September 2021
Procedural Posture: FOI Review / Final Decision
Outcome: decision annulled
Legal Topics: Refusal of Access, Existence of Records, Search Obligations

Administrative Law Freedom of Information Refusal of Access Existence of Records Search Obligations

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Parties

Ms. W

Applicant

Dublin City Council

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

1 Whether the Council was justified in refusing access to correspondence referring to 'ghost booking' or 'to ghost book a client' under section 15(1)(a) of the FOI Act on the ground that no relevant records exist

Ratio Decidendi

Council was not justified in refusing the request under section 15(1)(a) as relevant records do exist; decision annulled and Council directed to reconsider the request.

Court Disposition

decision annulled

Orders

Council to conduct a new decision-making process on the applicant’s request