Ms X and Tusla [2024] IEIC 150248 (16 October 2024)

Ms X and Tusla [2024] IEIC 150248 (16 October 2024)

Tusla was justified in refusing access because it does not hold a record containing the requested information and is not required to create such a record, as the information is not systematically recorded or electronically extractable.

Citation
[2024] IEIC 150248
Parties
Applicant: Ms X; Respondent: Tusla
Jurisdiction
Ireland
Judgment Date
16 October 2024
Procedural Posture
Freedom of Information Review / Final Decision
Outcome
request refused
Legal Topics
FOI Refusal, Record Creation, Electronic Records Management
Administrative Law Freedom of Information FOI Refusal Record Creation Electronic Records Management

Case Brief

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Parties

Ms X

Applicant

Tusla

Respondent

Procedural Posture

Freedom of Information Review / Final Decision

Legal Issues

  1. 1 Whether Tusla was justified in refusing access to a report showing the number of children in Galway City without a secondary school place or awaiting one under section 15(1)(a) of the FOI Act
  2. 2 Whether Tusla was required to create a record pursuant to section 17(4) of the FOI Act

Ratio Decidendi

Tusla was justified in refusing access because it does not hold a record containing the requested information and is not required to create such a record, as the information is not systematically recorded or electronically extractable.

Court Disposition

request refused

Orders

  • Tusla's refusal affirmed under section 15(1)(a) of the FOI Act; not required to create a record under section 17(4).