Ms X and Health Service Executive [2025] IEIC 147952 (06 February 2025)

Ms X and Health Service Executive [2025] IEIC 147952 (06 February 2025)

The HSE was justified in refusing the FOI requests because the records had already been released to the applicant or her solicitor and were available to her, satisfying the requirements of section 15(1)(i)(i) of the FOI Act.

Citation
[2025] IEIC 147952
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
06 February 2025
Procedural Posture
FOI Appeal / Decision on Review
Outcome
request refused; decision affirmed
Legal Topics
Refusal of FOI Request, Prior Release of Records
Administrative Law Freedom of Information Refusal of FOI Request Prior Release of Records

Case Brief

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Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

FOI Appeal / Decision on Review

Legal Issues

  1. 1 Whether the HSE was justified in refusing the applicant's FOI requests under section 15(1)(i)(i) of the FOI Act on the basis that the records had previously been released

Ratio Decidendi

The HSE was justified in refusing the FOI requests because the records had already been released to the applicant or her solicitor and were available to her, satisfying the requirements of section 15(1)(i)(i) of the FOI Act.

Court Disposition

request refused; decision affirmed