Ms X and Dun Laoghaire-Rathdown County Council [2021] IEIC OIC-105804 (16 June 2021)

Ms X and Dun Laoghaire-Rathdown County Council [2021] IEIC OIC-105804 (16 June 2021)

The Council was not justified in extending the period for consideration of the request under section 14(1)(a) because the number of records (55) did not warrant an extension and the Council failed to provide sufficient evidence that compliance within four weeks was not reasonably possible based solely on the number of records.

Citation
[2021] IEIC OIC-105804
Parties
Applicant: Ms X; Respondent: Dún Laoghaire-Rathdown County Council
Jurisdiction
Ireland
Judgment Date
16 June 2021
Procedural Posture
FOI Review / Review of Extension of Time for FOI Request
Outcome
extension annulled
Legal Topics
Extension of Time for FOI Request, Section 14 FOI Act, Justification for Extension, Procedural Requirements
Administrative Law Freedom of Information Extension of Time for FOI Request Section 14 FOI Act Justification for Extension Procedural Requirements

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Parties

Ms X

Applicant

Dún Laoghaire-Rathdown County Council

Respondent

Procedural Posture

FOI Review / Review of Extension of Time for FOI Request

Legal Issues

  1. 1 Whether the Council was justified in extending the period for consideration of the applicant’s FOI request under section 14(1)(a) of the FOI Act

Ratio Decidendi

The Council was not justified in extending the period for consideration of the request under section 14(1)(a) because the number of records (55) did not warrant an extension and the Council failed to provide sufficient evidence that compliance within four weeks was not reasonably possible based solely on the number of records.

Court Disposition

extension annulled

Orders

  • The Council’s decision to extend the period for consideration of the applicant’s request under section 14 of the FOI Act is annulled.