Ms Y and Kerry County Council [2019] IEIC OIC-53427-W2N8W8 (17 October 2019)

Ms Y and Kerry County Council [2019] IEIC OIC-53427-W2N8W8 (17 October 2019)

The Council did not take all reasonable steps to ascertain the whereabouts of relevant records and took an unduly narrow interpretation of the request; its refusal under section 15(1)(a) was unjustified.

Citation
[2019] IEIC OIC-53427-W2N8W8
Parties
Applicant: Ms Y; Respondent: Kerry County Council
Jurisdiction
Ireland
Judgment Date
17 October 2019
Procedural Posture
FOI Review / Final Decision
Outcome
Council's refusal annulled; Council directed to conduct a fresh decision-making process.
Legal Topics
Refusal of Access, Existence of Records, Deliberative Process, Scope of FOI Requests
Administrative Law Freedom of Information Refusal of Access Existence of Records Deliberative Process Scope of FOI Requests

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ms Y

Applicant

Kerry County Council

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether the Council was justified in refusing the applicant’s request for records concerning proposed developments for lands held by the Council on the ground that no relevant records exist

Ratio Decidendi

The Council did not take all reasonable steps to ascertain the whereabouts of relevant records and took an unduly narrow interpretation of the request; its refusal under section 15(1)(a) was unjustified.

Court Disposition

Council's refusal annulled; Council directed to conduct a fresh decision-making process.

Orders

  • Council must consider the relevant parts of the applicant's request afresh and make a new, first instance, decision in accordance with the FOI Act.