Ms X and the Health Service Executive (FOI Act 2014) [2017] IEIC 170329 (27 September 2017)

Ms X and the Health Service Executive (FOI Act 2014) [2017] IEIC 170329 (27 September 2017)

The HSE was justified in refusing access to the referral letter as all reasonable steps to locate the record were taken and the record cannot be found.

Source-derived case information.

Citation
[2017] IEIC 170329
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
27 September 2017
Procedural Posture
FOI Review / Final Decision
Outcome
request refused
Legal Topics
Freedom of Information, Record Search, Access to Medical Records
Administrative Law Information Law Freedom of Information Record Search Access to Medical Records

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Summary, issues, holding and outcome

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Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether HSE was justified in refusing access to a referral letter under section 15(1)(a) of the FOI Act on the ground that it cannot be found after all reasonable steps have been taken

Ratio Decidendi

The HSE was justified in refusing access to the referral letter as all reasonable steps to locate the record were taken and the record cannot be found.

Court Disposition

request refused

Orders

  • Decision of HSE affirmed; access to referral letter refused under section 15(1)(a) of the FOI Act