The Senior Investigator varied the HSE's decision. She annulled its effective refusal of access to four files located during the review, and directed the HSE to make a fresh decision under the FOI Act on those records. The Senior Investigator was not satisfied that the HSE has taken all reasonable steps to look for records covered by the request or that further records do not exist (section 15(1)(a)).
The Senior Investigator found that the HSE had not justified its application of section 29 (deliberative process). She annulled that part of its decision and directed the HSE to grant access to the records that it had refused under section 29. She found that section 36(1)(b) applied to part of a record (a daily rate), and that the public interest did not weigh in favour of disclosure of the rate. She directed that access be granted to the rest of that record.