Mr X and the Defence Forces

• Jurisdiction: Ireland
• Judge: 3 November 2021
• Judgment Date: 03 November 2021
• Case Outcome: The Senior Investigator affirmed the Defence Forces decision
• Court: Information Commission
• Respondent: The Defence Forces
• Record Number: OIC-101295-Y9R5Z9

Whether the Defence Forces has complied with the requirements of section 10 of the Act in its response to the application made by the applicant for a statement of reasons regarding why the applicant was not allowed go home sick before consulting a named Comdt. and where in Defence Forces Regulations this decision is based

3 November 2021

Background

On 3 November 2020, the applicant sought from the Defence Forces a statement of “reasons for the decision of [a named Comdt.] to deny [him] the regulatory entitlement of going sick at home”. He also sought details of the Regulation on which the decision was based. He referred to an email from the Comdt. wherein the Comdt. indicated that he had informed the applicant that until further notice, he may not go sick at home and must discus any disposal that he receives from any other doctor with the Comdt. before it will be granted, and that this was in line with Regulation DFR A12 Paragraph 31.

On 18 November 2020, the Defence Forces informed the applicant that it had decided to grant the application. It provided a letter from the named Comdt. In which the Comdt. Indicated that he was required to come in for medical officer review in accordance with Regulation DFR A12 paragraph 30, part 2. The relevant part of the Regulation was cited.

On 24 November 2020, the applicant sought an internal review of that decision on the ground that he was not given the answer to the question he had asked. He suggested that he had been given a different answer. On 7 December 2020, the Defence Forces affirmed its decision and said it considered the information granted to be accurate. On 14 December 2020, the applicant sought a review by this Office of the decision of the Defence Forces.

I have now completed my review in accordance with section 22(2) of the FOI Act. In carrying out my review, I have had regard to the correspondence between the Defence Forces and the applicant, and to the communications between this Office and both the applicant and the Defence Forces on the matter. I have decided to conclude this review by way of a formal, binding decision.

Scope of Review

This review is concerned solely with the question of whether the Defence Forces has complied with the provisions of section 10 of the FOI Act in response to the application for a statement of reasons why the applicant was not allowed go sick at home.

Analysis and Findings

Section...