Freedom of Information (FOI)
A practical guide to public-information requests, including the separate legal regime for Scottish public authorities.
Start with the authority, not the acronym
FOI gives people a right to request recorded information from public authorities. Most authorities in England, Wales and Northern Ireland, and UK-wide bodies, are dealt with under the Freedom of Information Act 2000 (FOIA). Scottish public authorities generally fall under the separate Freedom of Information (Scotland) Act 2002 (FOISA).
If the information is environmental, the relevant EIR regime normally takes precedence over FOI.
Making a valid request
Under FOIA 2000, a request must normally be in writing, state the requester's real name and provide an address for correspondence, and describe the information sought. Electronic requests are valid. Scottish FOISA has similar practical requirements. You do not need to explain why you want the information.
The ordinary deadline
Under FOIA 2000, a “working day” excludes Saturdays, Sundays, Christmas Day, Good Friday and a bank holiday in any part of the United Kingdom. Under FOISA, the definition instead excludes weekends, Christmas Day and bank holidays in Scotland.
Clarification
If an authority reasonably needs more information to identify and locate what you are asking for, it should seek clarification promptly. Once sufficient clarification is received, the clarified request is treated as a new request for timing purposes and a fresh 20-working-day period begins on the following working day.
Clarification should be about understanding and locating the information requested. An authority should not use it merely to make a request more convenient.
FOIA public-interest extension
FOIA 2000 can allow additional time where a qualified exemption is engaged and the authority reasonably needs longer to consider the balance of the public interest. The statutory test is a reasonable time, not an automatic extra 20 working days. ICO guidance normally expects the total time to be no more than 40 working days, unless the circumstances are exceptional.
FOISA does not use this FOIA public-interest timing extension. Scottish authorities must ordinarily complete the FOISA response within the applicable 20-working-day period.
Exemptions and refusals
FOIA and FOISA both contain exemptions, but the provisions and terminology are not identical. A refusal notice should identify the legal basis relied on and provide enough reasoning for you to understand the decision. Qualified exemptions generally require a public-interest assessment.
If the authority is Scottish
Do not assume FOIA 2000 applies simply because the request is in the UK. Scottish councils, NHS boards, Police Scotland, the Scottish Government and many other Scottish public authorities are normally governed by FOISA 2002 and, for environmental information, the Scottish EIRs.
The ordinary FOISA deadline is 20 working days. If clarification is reasonably required to identify and locate the information, the 20-working-day period begins after sufficient clarification is supplied. Requests for review normally have to be made within 40 working days of receiving the authority's response; the authority then has up to 20 working days to carry out the review. If you remain dissatisfied, the appeal is to the Scottish Information Commissioner, generally within six months of the review outcome or the date the review response became due.
If you disagree
For FOIA/EIR 2004, ask the authority for an internal review or reconsideration as appropriate before going to the ICO. For FOISA/Scottish EIRs, use the Scottish authority's review procedure before appealing to the Scottish Information Commissioner.
Read the internal-review guide →
Simple request wording
Official sources
- ICO – FOI timescales
- ICO – Interpreting and clarifying FOI/EIR requests
- Freedom of Information Act 2000
- Freedom of Information (Scotland) Act 2002
- Scottish Information Commissioner – your rights
Reviewed September 2026. Guidance checked against current ICO / Scottish Information Commissioner material and legislation. General information only; verify critical deadlines against the applicable law.