Freedom of Information (FOI)
Complete Guide
Everything you need to know about requesting information from public authorities under the Freedom of Information Act 2000. Your rights, deadlines, and what to do when they refuse.
What is a Freedom of Information Request?
The Freedom of Information Act 2000 gives you the right to access recorded information held by public authorities in England, Wales and Northern Ireland. (Scotland has its own FOI Act.)
Unlike SARs which are about YOUR personal data, FOI requests are about ANY information a public authority holds – from emails and reports to meeting minutes and spending data.
Who Can Make an FOI Request?
Deadlines – What You Need to Know
Cost Limits – What's Free and What's Not
Cost Limits by Authority:
If your request would exceed the cost limit, they can refuse or ask you to narrow it down. They are under a duty to provide advice and assistance to help you refine your request (Section 16 FOIA).
Common Myths vs. Truths
| Myth: You need to use a specific form or mention "FOI" | Truth: Any written request with your name and address is valid – you don't even need to say "FOI" |
| Myth: They can refuse if you're not a UK citizen | Truth: FOI rights apply to anyone in the world |
| Myth: They can charge you for time spent searching | Truth: They can only charge for postage/photocopies – NOT staff time or search costs |
| Myth: If they're late, there's nothing you can do | Truth: The ICO has issued enforcement notices to councils with poor response times. They CAN be held accountable |
| Myth: They can refuse as "vexatious" just because you've complained before | Truth: "Vexatious" has a high legal threshold. Legitimate scrutiny, even if critical, does not automatically make a request vexatious |
| Myth: They can refuse if the information is embarrassing | Truth: Embarrassment is NOT a valid exemption. They must rely on specific FOIA exemptions |
Exemptions – When Can They Refuse?
There are two types of exemptions under FOIA:
Absolute Exemptions
No public interest test needed
Qualified Exemptions
Require public interest test
For qualified exemptions, they must weigh the public interest in disclosure against maintaining the exemption. If they extend for a PIT, they have an extra 20 working days.
What If They Refuse or Miss the Deadline?
Request Internal Review
Ask them to review their decision. ICO guidance says internal reviews should normally be completed within 20 working days, and no more than 40 in complex cases.
Complain to ICO
If internal review fails, complain to the Information Commissioner's Office. The ICO has the power to issue enforcement notices requiring compliance.
Court Enforcement
If they ignore ICO enforcement, they can be taken to court for contempt under section 54 FOIA.
Pro Consumer Tips
Sample FOI Template
Dear [Public Authority], Freedom of Information Request – Reference: [Optional] I am writing to request information under the Freedom of Information Act 2000. Please provide the following information: [Clearly describe the information you want – be specific about dates, topics, departments if known] For example: - All emails between [Person A] and [Person B] between [Date] and [Date] regarding [Topic] - Minutes of meetings of [Committee] from [Date] to [Date] - Total spending on [Category] in financial year [Year] If any information is withheld, please: 1. State the specific exemption(s) you are relying on (e.g., Section 36, Section 43) 2. Explain why the exemption applies 3. Provide the public interest test reasoning (for qualified exemptions) 4. Inform me of my right to request an internal review If the cost of complying would exceed the appropriate limit (£450/£600), please advise me how I can refine my request to bring it within the limit. My name is: [Your Full Name] My email address is: [Your Email] My name and email address are provided for correspondence (an email address satisfies the legal requirement). Regards, [Your Name]