McK. (N.) v. Information Commissioner [2004] IEHC 4 (14 January 2004)

McK. (N.) v. Information Commissioner [2004] IEHC 4 (14 January 2004)

The Information Commissioner misconstrued s.28(6) of the 1997 Act and Regulation 3(1) of the 1999 Regulations by imposing an onus on the appellant to prove tangible benefit to the child, rather than applying the statutory and constitutional presumption that parental decisions are in the child's best interests unless rebutted. There was no evidence to rebut this presumption in the present case.

Citation
[2004] IEHC 4
Parties
Appellant: N McK; Respondent: Information Commissioner
Jurisdiction
Ireland
Judgment Date
14 January 2004
Procedural Posture
Appeal Under Freedom of Information Act, 1997, S.42(1) / High Court Judgment on Point of Law
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Access to Personal Records, Parental Rights, Best Interests of the Child, Statutory Interpretation
Administrative Law Constitutional Law Family Law Freedom of Information Access to Personal Records Parental Rights Best Interests of the Child Statutory Interpretation

Case Brief

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Parties

N McK

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal Under Freedom of Information Act, 1997, S.42(1) / High Court Judgment on Point of Law

Legal Issues

  1. 1 Whether the Information Commissioner erred in law by requiring the appellant to prove that access to his minor daughter's records would be in her best interests under s.28(6) of the Freedom of Information Act, 1997 and the 1999 Regulations.
  2. 2 Whether the statutory presumption that parental decisions are in the best interests of the child was properly applied.

Ratio Decidendi

The Information Commissioner misconstrued s.28(6) of the 1997 Act and Regulation 3(1) of the 1999 Regulations by imposing an onus on the appellant to prove tangible benefit to the child, rather than applying the statutory and constitutional presumption that parental decisions are in the child's best interests unless rebutted. There was no evidence to rebut this presumption in the present case.

Court Disposition

Appeal allowed

Orders

  • The appellant is entitled to the relief sought, namely access to the records in question.