The FOI Act provides no guidance on the number of records that might be involved before an extension can be appropriately applied. Therefore, each case must be considered on its merits on the particular facts and circumstances. Nevertheless, the provision is clear that a decision to extend the period must be based on the number of records to which the request relates. In my view, the HSE has provided insufficient evidence to support a claim that the request related to such a number of records that compliance with the four-week period was not reasonably possible. I note that the records were provided to the HSE well within the original four-week time period. It seems to me that the time actually spent in processing the request (10 hours) and the number of records ultimately provide to the applicant does not support the argument that the extension was necessary. While I acknowledge there were a number of administrative challenges that impacted the processing of the applicant's request within the original four-week timeframe, the provisions of section 14 are very specific and do not allow for the extension of the period for consideration of a request because of annual leave or other work priorities, including the volume of other FOI requests, save where section 14(1)(b) of the FOI Act applies. In the circumstances of this case, the HSE has not satisfied me than an extension was warranted.
