Ms Z and Tusla (Tusla) [2022] IEIC OIC-117905 (7 June 2022)

Tusla's decision was annulled because of inconsistencies in its application of the FOI Act and failure to properly consider the 2016 Regulations regarding parental and deceased persons' access; a fresh decision is required.

Source-derived case information.

Citation: [2022] IEIC OIC-117905
Parties: Applicant: Ms Z; Respondent: Tusla
Jurisdiction: Ireland
Judgment Date: 07 June 2022
Procedural Posture: FOI Review / Decision on Review
Outcome: decision annulled; remitted for fresh decision
Legal Topics: Access to Records, Personal Information, Deceased Persons, Parental Access, Public Interest

Administrative Law Freedom of Information Access to Records Personal Information Deceased Persons Parental Access Public Interest

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2

Parties

Ms Z

Applicant

Tusla

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

1 Whether Tusla was justified in refusing access to certain social work records relating to the applicant's children under sections 37(1) and 42(m)(i) of the FOI Act

Ratio Decidendi

Court Disposition

decision annulled; remitted for fresh decision

Orders

Tusla to undertake a fresh decision making process in respect of the applicant's request

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