Ms Y & Fingal County Council (the Council)(FOI Act 2014) (Fingal County Council (the Council)) [2019] IEIC 180411 (28 January 2019)
The Council failed to properly consider the relevant regulations and guidance under section 37(8) and S.I. 218 of 2016, and did not justify its refusal; therefore, its decision must be annulled and reconsidered.
Source-derived case information.
- Citation
- [2019] IEIC 180411
- Parties
- Applicant: Ms Y; Respondent: Fingal County Council
- Jurisdiction
- Ireland
- Judgment Date
- 28 January 2019
- Procedural Posture
- Freedom of Information Review / Commissioner Review
- Outcome
- Decision annulled; Council directed to reconsider request.
- Legal Topics
- Access to Records of Deceased Persons, Personal Data, FOI Act 2014 Section 37(1), FOI Act 2014 Section 37(8) Regulations
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ms Y
Applicant
Fingal County Council
Respondent
Procedural Posture
Freedom of Information Review / Commissioner Review
Legal Issues
- 1 Whether the Council was justified in refusing access to records relating to the applicant's late husband under section 37(1) of the FOI Act
Ratio Decidendi
The Council failed to properly consider the relevant regulations and guidance under section 37(8) and S.I. 218 of 2016, and did not justify its refusal; therefore, its decision must be annulled and reconsidered.
Court Disposition
Decision annulled; Council directed to reconsider request.
Orders
- Council to undertake a fresh decision-making process with due regard to section 37(8) and S.I. 218 of 2016.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment