Ms X and Health Service Executive [2020] IEIC 99107 (15 December 2020)

Ms X and Health Service Executive [2020] IEIC 99107 (15 December 2020)

Section 14(1)(a) of the FOI Act does not permit extension of the processing period for reasons of administrative or staffing difficulties; it is limited to cases involving large numbers of records or related requests, which was not applicable here.

Citation
[2020] IEIC 99107
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
15 December 2020
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
HSE's extension of time annulled
Legal Topics
Extension of Time for FOI Requests, Section 14 FOI Act, COVID 19 Administrative Impact
Administrative Law Freedom of Information Extension of Time for FOI Requests Section 14 FOI Act COVID 19 Administrative Impact

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Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

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

Ratio Decidendi

Section 14(1)(a) of the FOI Act does not permit extension of the processing period for reasons of administrative or staffing difficulties; it is limited to cases involving large numbers of records or related requests, which was not applicable here.

Court Disposition

HSE's extension of time annulled

Orders

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