Ms X and Carlow County Council (FOI Act 2014) [2017] IEIC 170174 (21 June 2017)

Ms X and Carlow County Council (FOI Act 2014) [2017] IEIC 170174 (21 June 2017)

The Council failed to justify its refusal, did not identify statutory grounds, did not assist the requester as required, and did not comply with procedural obligations under the FOI Act. The refusal was not justified and the decision must be annulled.

Citation
[2017] IEIC 170174
Parties
Applicant: Ms X; Respondent: Carlow County Council
Jurisdiction
Ireland
Judgment Date
21 June 2017
Procedural Posture
FOI Review / Decision on Review
Outcome
Council's decision annulled; new decision required
Legal Topics
FOI Refusal, Public Body Obligations, Record Creation, Procedural Fairness
Administrative Law Freedom of Information FOI Refusal Public Body Obligations Record Creation Procedural Fairness

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Parties

Ms X

Applicant

Carlow County Council

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether the Council was justified in refusing access to details of contracts awarded to consultants for 2014-2016 under the FOI Act 2014

Ratio Decidendi

The Council failed to justify its refusal, did not identify statutory grounds, did not assist the requester as required, and did not comply with procedural obligations under the FOI Act. The refusal was not justified and the decision must be annulled.

Court Disposition

Council's decision annulled; new decision required

Orders

  • The Council's decision is annulled.
  • The Council must conduct a new decision-making process on the FOI request.