Ms Y and Health Service Executive [2021] IEIC 101975 (18 February 2021)

HSE failed to comply with section 15(4) by not assisting or offering to assist applicant in amending requests; refusal under section 15(1)(c) was unjustified.

Citation: [2021] IEIC 101975
Parties: Applicant: Ms Y; Respondent: Health Service Executive
Jurisdiction: Ireland
Judgment Date: 18 February 2021
Procedural Posture: FOI Review / Final Decision
Outcome: decisions annulled
Legal Topics: FOI Refusal, Procedural Compliance, COVID 19 Impact

Administrative Law Freedom of Information FOI Refusal Procedural Compliance COVID 19 Impact

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Parties

Ms Y

Applicant

Health Service Executive

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

1 Whether HSE was justified in refusing FOI requests under section 15(1)(c)
2 Whether HSE complied with section 15(4) requirement to assist applicant

Ratio Decidendi

HSE failed to comply with section 15(4) by not assisting or offering to assist applicant in amending requests; refusal under section 15(1)(c) was unjustified.

Court Disposition

decisions annulled

Orders

HSE to undertake fresh consideration of requests
HSE must comply with section 15(4) if relying on section 15(1)(c)