Mr and Mrs Z and TUSLA

CourtInformation Commission
JudgeStephen Rafferty, Senior Investigator
Judgment Date29 July 2015
Case OutcomeThe Senior Investigator varied TUSLA's decision. He found it was justified in its decision to redact certain information from the records released to the applicants under section 28 of the Act. However, he found that it was not justified in its decision to refuse access to further relevant records under section 10(1)(a) of the Act. He annulled the decision of TUSLA and directed that a fresh decision making process be undertaken in respect of the relevant records discovered during the course of this review.
Record Number150039
RespondentTUSLA
Whether TUSLA was justified in its decision to redact certain information from records released to the applicants under section 28 of the Act and whether it was justified in its decision to refuse access to further relevant records under section 10(1)(a) of the Act
Conducted in accordance with section 34(2) of the FOI Act by Stephen Rafferty, Senior Investigator, who is authorised by the Information Commissioner to conduct this review
Background

On 14 May 2014 the applicants submitted a request to TUSLA for all records relating to their daughter. On 8 September TUSLA released 14 of 16 records it had identified as coming within the scope of the request, subject to redactions under section 28 of the Act in order to protect the personal information of third parties, and refused access to two other records. The records to which access was refused were copies of records otherwise provided to the applicants. Pages 2-5 are a copy of pages 8-11, pages 6 is a copy of page 12, page 7 is a copy of page 13, and page 22 is a copy of pages 23 and 24 (reproduced on one page). For the purposes of the original decision, pages 2-7 is one record to which access was refused. Page 22 is the other record to which access was refused.

On 28 September 2014, the applicants sought an internal review of this decision, as they were not satisfied that all relevant records had been considered for release. On 7 November 2014, TUSLA released some additional information contained in the records to the applicants that had previously been redacted under section 28 of the Act and upheld the remainder of its original decision.

On 3 February 2015 the applicants submitted an application to this Office for a review of that decision, as they remained of the the opinion that TUSLA had not considered all relevant records for release. In conducting this review I have had regard to correspondence between the applicant and TUSLA, to correspondence between the applicant and this Office, to correspondence between TUSLA and this Office, and the contents of the records released to the applicants.

In the interests of clarity, I should point out that this review was carried out under the provisions of the FOI Acts 1997-2003 notwithstanding the fact that the FOI Act 2014 has now been enacted. The transitional provisions in section 55 of the 2014 Act provide that any action commenced under the 1997 Act but not completed before the commencement of the 2014 Act shall continue to be performed and shall...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT