Ms X and The Health Service Executive [2012] IEIC 120002 (25 September 2012)

Release of the social work report would constitute contempt of court due to the in camera rule, justifying refusal under section 22(1)(b) of the FOI Act.

Source-derived case information.

Citation: [2012] IEIC 120002
Parties: Applicant: Ms X; Respondent: The Health Service Executive
Jurisdiction: Ireland
Judgment Date: 25 September 2012
Procedural Posture: FOI Review Application / Final Decision by Information Commissioner
Outcome: request refused
Legal Topics: FOI Refusal, In Camera Rule, Contempt of Court

Administrative Law Freedom of Information FOI Refusal In Camera Rule Contempt of Court

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2

Parties

Ms X

Applicant

The Health Service Executive

Respondent

Procedural Posture

FOI Review Application / Final Decision by Information Commissioner

Legal Issues

1 Whether the HSE was justified in refusing access to a social work report under section 22(1)(b) of the FOI Act

Ratio Decidendi

Release of the social work report would constitute contempt of court due to the in camera rule, justifying refusal under section 22(1)(b) of the FOI Act.

Court Disposition

request refused

Orders

HSE's refusal of access to the social work report is affirmed

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