Ms X and Health Service Executive (FOI Act 2014) [2015] IEIC 150259 (16 December 2015)

The HSE did not take all reasonable steps to locate relevant records and misunderstood the nature of the request; therefore, its refusal under section 15(1)(a) was not justified.

Citation: [2015] IEIC 150259
Parties: Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction: Ireland
Judgment Date: 16 December 2015
Procedural Posture: Freedom of Information Review / Decision on Review
Outcome: HSE's refusal annulled; fresh decision directed
Legal Topics: FOI Refusal, Record Search Obligations, Section 15(1)(a) FOI Act 2014

Administrative Law Freedom of Information FOI Refusal Record Search Obligations Section 15(1)(a) FOI Act 2014

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Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

1 Whether the HSE was justified in refusing access to records under section 15(1)(a) of the FOI Act on the ground that no such records exist or can be found

Ratio Decidendi

The HSE did not take all reasonable steps to locate relevant records and misunderstood the nature of the request; therefore, its refusal under section 15(1)(a) was not justified.

Court Disposition

HSE's refusal annulled; fresh decision directed

Orders

The HSE's decision to refuse the request under section 15(1)(a) is annulled.
The HSE is directed to undertake a fresh decision making process in respect of the original request.