These pages are intended to assist you in exercising your rights under the Freedom of Information Act 2014 and to assist Tipperary Education and Training Board in answering Freedom of Information Requests. Under Irish Freedom of Information Legislation every person has the following legal rights:

  • the right to access official records held by public bodies prescribed under the Act;
  • the right to have personal information held on them corrected or updated where such information is incomplete, incorrect or misleading; and
  • the right to be given reasons for decisions taken by public bodies that affect them.

If you would like to exercise one or more of these rights in relation to information that may be held by Tipperary Education and Training  Board, please click here for details of How to Make a Freedom of Information Request.

This website makes a range of information about Tipperary ETB available within a Publication Scheme and also provides a Disclosure Log detailing FOI Requests processed by TETB since January 2015.

Freedom of Information Act 2014

The Freedom of Information Act 2014 is an Act to enable members of the public to obtain access, to the greatest extent possible consistent with the public interest and the right of privacy, to information in the possession of public bodies, and certain other bodies.

Tipperary Education and Training Board are now included under the Freedom of Information Act 2014 as and from Tuesday 14th April, 2015.

Entitlements under the FOI Acts:

  • Receipt of your request must be acknowledged within 10 working days;
  • A response will, in normal circumstances, be issued within 20 working days of receipt of a valid request;
  • All decisions must be clearly explained, setting out the sections of the Act used in reaching these decisions;
  • Details of your entitlements to Internal Review and appeal will be included in the decision letter.

The Freedom of Information Act was introduced to:

  • Increase openness;
  • Improve accountability;
  • Increase public appreciation of issues involved in policy decisions;
  • Give stronger public ownership and acceptance of decisions made;
  • Permit people access to their records and allow them to amend records if incorrect.

The Act sets out three new legal rights: –

  • A legal right for each person to access information of a personal or non-personal nature held by public bodies;
  • A legal right to have official information relating to him/her amended where it is incomplete, incorrect or misleading;
  • A legal right to seek reasons for decisions that affect him/her;

These rights extend to an individual’s own records and in specific circumstances, to those of their children and deceased relatives. There are exemptions provided for in the Acts, this means that there are specific circumstances when the requested information will not be released, e.g. to protect confidentiality. If any of these exemptions are used to withhold information, the reasons will be clearly explained.

FAQs and Glossary and the Links under the Useful Links menu at the side of this page both provide further information which may help to answer some of your questions. If, however, you have any remaining queries please do not hesitate to Contact Us.

FOI Downloads

Access to Personal and Non-Personal Information

An individual has the right to access both Personal and Non Personal Information held by Tipperary Education and Training Board via the following methods:

Administrative Access Policy

Please note the following information and our ‘Administrative Access Policy’ is currently under review and will be updated shortly.

Under Administrative Access all appropriate information will be made available to the requester having regard to privacy, confidentiality and the public interest. As a matter of policy, the Tipperary Education and Training Board supports an individual’s right to see what information is held about them within its service.  Generally, access to an individual’s own records should be provided administratively (subject to exceptions).

Personal Information

An individual must apply in writing to the appropriate School/Centre or Administrative Office. They must provide sufficient information to assist in locating their records, including; date of birth, current and previous addresses, any contacts they had with specific services and approximate dates. TETB will need to verify by appropriate means the identity of an individual. They may be asked for proof of identity, for example providing a copy of current passport or driver’s license (or other suitable identification). This is in order to protect confidentiality.   There will usually be no charge for copies of personal records. However, Tipperary Education and Training Board have the right to charge, if the quantity of records is very large, for photocopying. (See scale of charges within the Access to Information Section under FOI).

Non-Personal Information

Tipperary Educational and Training Board will endeavour to make available to the public up to date details of the policies and procedures under which it operates. This information will be published on our website and may also be made available to individuals on request. A requester may seek access to non-personal information and Tipperary Education and Training Board will process this request under this policy. An individual must apply in writing to the appropriate School/Centre or Administrative Office.

Exceptions

Where access to a record or information cannot be provided to you directly under administrative access, you will be informed of this and advised of the option of making an application under the FOI Act 2014.   Likewise, certain information may be of such a sensitive nature that requests for access can only be dealt with under the FOI legislation.

Other Mechanisms for Access to Records

Information and Records are the property of the agency of which they are held, i.e. the Tipperary Education and Training Board and are kept under strict security and apart from the circumstances above, may only be removed from the Tipperary Education and Training Board under the following conditions: –

  • Upon a Court Subpoena;
  • Search Warrant;
  • Court Orders;
  • Police Investigations;
  • Request and/or Investigation by the Information Commissioner or Ombudsman;
  • By an Officer authorised in writing by the Minister.

Current statutory provisions in Education/Health legislation may apply to disclosure of information. Therefore, the release of such records/information will be made on the grounds of public interest and on the basis of upholding, enforcing and/or administering the law.

Decision-Makera staff member within a public body who makes decisions on FOI requests, i.e. who decides whether it is appropriate to release the requested records or not.
Disclosure Loga publicly-available record of the decisions made by a public body in response to FOI requests.
Freedom of Information Actan Act designed to give the public the right of access to records held by public bodies.
FOI (Freedom of Information Request)a written request made under the Freedom of Information Act, usually a request for access to certain records held by a public body.
Information Commissionerthe Commissioner, independent of the government, who reviews the implementation of the Freedom of Information Act and can issue decisions on appeals regarding FOI requests.
Publication Schemea catalogue of the information that a public body routinely makes publicly available.
Public Bodyan organisation that is funded by the state, in full or in large part. FOI requests can be made to most public bodies.
Recordinformation recorded on any media, including letters, memos, emails, post-its, voice recordings.
Requesterthe official term for a person who makes an FOI request.

Section 8 of the Freedom of Information Act 2014 requires Freedom of Information (FOI) bodies to prepare and publish as much information as possible in an open and accessible manner on a routine basis outside of FOI, having regard to the principles of openness, transparency and accountability as set out in Sections 8(5) and 11(3) of the Act. This allows for the publication or giving of records outside of FOI provided that such publication or giving of access is not prohibited by law. The scheme commits FOI bodies to make information available as part of their normal business activities in accordance with this scheme.

Please find Tipperary Education and Training Board FOI Publication Scheme below. Each link in the table leads to a page comprising relevant information in the category as well as links to relevant information on the TETB website.

If the information you require cannot be found here, you may wish to contact our Corporate Services Section by phone at 067-31250 or by e-mail at [email protected].

If the information is not currently made publicly available by TETB, you may consider making a Freedom of Information Request.

What is the purpose of the Freedom of Information Act?

The Freedom of Information Act is designed to give the public the right of access to records held by public bodies, to the greatest extent possible that is consistent with the public interest and the right to privacy. The Act lays out a formal requesting process, as well as emphasising that public bodies should be open and accountable as a matter of principle.

How can I access information about TETB without making a Freedom of Information Request?

A large amount of information about TETB and its functions is publicly available without the need to make a Freedom of Information request. Those seeking information should, in the first instance, consult TETB’s FOI Publication Scheme , or contact our Corporate Services Department in Nenagh ([email protected] / 067-31250).You may also make direct contact with staff in relevant departments – contact details can be found here.

How can I make a Freedom of Information Request?

Please click here for full details of How to make a Freedom of Information Request to Tipperary ETB.

Will I be charged for making a Freedom of Information Request?

Please see legislation for full details of fees and charges that apply.

Can I appeal a decision made on my Freedom of Information Request?

Yes. Under the Act, the person who has requested the information has the right to appeal an FOI body’s decision- firstly to a more senior staff member within the FOI body then the staff member who made the original decision (referred to as an Internal Reviewer), and then to the Office of the Information Commissioner if the decision is still not satisfactory. The Information Commissioner’s decision in this instance is binding.

How do I make an FOI REQUEST?

  • A request must be made in writing;
  • The request must state that it is being made under the Freedom of Information Act, 2014;
  • The request must be signed and dated;
  • The request must state clearly the exact records/information being requested and supply as much detail (i.e. school/centre/office location, dates in attendance etc.) as possible;
  • The request should state clearly the manner in which access is sought, for example, to view the original in a Tipperary Education and Training Board location or to receive photocopies of the original, hear / view audio-visual record, obtain a copy of a computer disk or other electronic device etc.;
  • Supply proof of identity as relevant to the information sought;
  • Tipperary Education and Training Board will accept requests by letter, fax, email.

Send the FOI request to:

Ms Catherine Corcoran,
FOI Officer,
Tipperary Education and Training Board,
Church Road,
Nenagh,
Co. Tipperary.

 

What Records can be accessed under FOI from Tipperary Education and Training Board?

  • All records created on and after the 14th April 2015;
  • All personal records, whenever created that are still in the position of the Tipperary Education and Training Board;
  • All non–personal records created backdated to 21st April 2008;
  • Earlier non-personal records (where they exist) if needed to understand later records which are accessed.

An individual may make a request for access to records. This request must be in writing stating that the request is made under the FOI Act and containing sufficient particulars in relation to the information concerned to enable the record to be identified.

A member of the public has the right to request information regarding acts of public bodies affecting them. A Freedom of Information request is a formal procedure and the public body is required to respond within four weeks.   The request will be considered in accordance with the Act having regard to the exemptions provided for which include:

  • Personal Information (other than information relating to the person making the request);
  • Information supplied to the Tipperary Education and Training Board in confidence;
  • Law enforcement and public safety;
  • Commercially sensitive information;
  • Deliberations of public bodies;
  • Functions and negotiations of public bodies.

Details of FOI Process and Rights to Appeal

  • An acknowledgement will be sent within 10 working days, of receipt of a valid request;
  • The Tipperary Education and Training Board will issue a decision to the requester within 20 working days upon receipt of a valid request;
  • Notification will be sent, if an extension is necessary to facilitate the completion of the request;
  • If an individual is dissatisfied with the decision made they may send an appeal in writing to the Internal Reviewer, named in the Decision Letter within four weeks of the original decision. This review is independent of the initial Decision Maker’s decision;
  • A complete decision on the appeal will be sent to the requester within 15 working days of receipt of appeal;
  • If dissatisfied with the Internal Reviewer’s decision the requester may appeal directly to the Information Commissioner (http://www.oic.ie) within six months from date of the internal reviewer’s decision, where an independent review of the matter will be carried out.

Fees Relating to FOI Requests

The Freedom of Information Act 2014 provides for a completely new FOI fees regime. The following is a summary of the new fee structure in respect of non-personal requests: –

  • The €15.00 application fee has been abolished;
  • There is a minimum threshold of €101 below which no search, retrieval and copying fees can be charged.   Once the charge reaches €101, full fees apply;
  • There is a cap on the amount of search, retrieval and copying fees that can be charged of €500;
  • There is a further upper limit on estimated search, retrieval and copying fees at €700.00 above which an FOI body can refuse to process a request, unless the requester is prepared to refine the request to bring the search, retrieval and copying fees below the limit;
  • The fee for internal review under Section 21 is now €30.00 (€10.00 for medical card holders and their dependants);
  • The fee for appeals to the Information Commissioner under Section 22 is now €50.00 (€15.00 for medical card holders and their dependants).

Information Commissioner

The main functions of the Information Commissioner can be summarised as:

  • The review (on application) of the decisions of the public bodies in relation to FOI requests and where necessary, the making of binding, new decisions;
  • The review of the operation of the Freedom of Information Act 2014 to ensure that public bodies comply with their provisions;
  • The fostering an attitude of openness among public bodies by the encouragement of the voluntary publication of information above and beyond the minimum requirements of the Acts;
  • The preparation and publication of commentaries on the practical operation of the Acts; and
  • The publication of an Annual Report.

The Tipperary Education and Training Board Liaison Officer for the Office of the Information Commissioner:

Ms Catherine Corcoran,

APO Corporate and Procurement,
Tipperary Education and Training Board,
Church Road,
Nenagh,
Co. Tipperary.