The South Western Area Health Board v. Information Commissioner
This judgment was given by the High Court on an appeal against the Commissioner's decision inCase Number 99013. The judgment, given by Mr. Justice T.C. Smyth on 31st May 2005, up-held the appeal by the Health Board (now the Health Services Executive South Western Area) against the Commissioner's decision to direct the release of certain parts of records concerning the requester's birth mother. The requester had been adopted shortly after her birth in the early 1960's.
A written version of the judgment has not been made available by the Courts Service. The Health Services Executive South Western Area has made a copy of the judgment, recorded by a stenographer retained by it, available to the Commissioner for publication on her website due to the importance of the judgment for FOI practitioners and the public generally.
There are a small number of inaccuracies in the judgment related to the numbering of the records at issue. These are currently the subject of an amendment application to the Court. The inaccuracies do not affect the substantive judgment in the case.
The Commissioner has decided not to appeal this case to the Supreme Court.