Ms X and Tusla (Tusla) [2023] IEIC 125408 (4 January 2023)

Ms X and Tusla (Tusla) [2023] IEIC 125408 (4 January 2023)

Tusla had not gathered or examined the records at the time of its original and internal review decisions, so its refusal was procedurally flawed. The decisions must be annulled and the requests reconsidered afresh.

Citation
[2023] IEIC 125408
Parties
Applicant: Ms X; Respondent: Tusla
Jurisdiction
Ireland
Judgment Date
04 January 2023
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
Tusla's decisions annulled; fresh decision required
Legal Topics
FOI Refusal, Access to Records, Criminal Investigation Exemption
Administrative Law Freedom of Information FOI Refusal Access to Records Criminal Investigation Exemption

Case Brief

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Parties

Ms X

Applicant

Tusla

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether Tusla was justified in refusing access to the applicant's Parental Capacity Assessment Report and social work records for her two daughters under section 32(1)(a)(i) of the FOI Act

Ratio Decidendi

Tusla had not gathered or examined the records at the time of its original and internal review decisions, so its refusal was procedurally flawed. The decisions must be annulled and the requests reconsidered afresh.

Court Disposition

Tusla's decisions annulled; fresh decision required

Orders

  • Tusla to conduct a fresh decision-making process on the applicant's FOI requests