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.
20 Days
Working Days Deadline
£450
Cost Limit (Councils)
+20 Days
PIT Extension
Public Bodies
Councils, NHS, Government
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.
What you can request:
Council meeting minutes – decisions, agendas, and reports
Emails between officials – correspondence on specific topics
Spending and contracts – financial records, tenders, agreements
Policies and procedures – internal guidance, handbooks, rules
Statistics and reports – data, research, performance info
Any recorded information – if they hold it, you can request it
Who Can Make an FOI Request?
Anyone in the world
- UK citizens and residents
- Foreign nationals
- Journalists and campaigners
- Companies and organisations
- No need to be affected by the information
Who must respond:
- Councils and local authorities
- Government departments
- NHS bodies and hospitals
- Schools and universities
- Police forces
- Many other public bodies
Important: There's no requirement to be a UK citizen. FOI rights apply to anyone, anywhere in the world.
Deadlines – What You Need to Know
The legal deadline is:
20 Working Days
from the day after they receive your request
Working days exclude:
- Weekends (Saturdays and Sundays)
- Bank holidays
- Public holidays
Example: The deadline runs from the first working day after the request is received.
Extensions (PIT):
- Public Interest Test: They may extend for a reasonable period (usually up to a further 20 working days under ICO guidance) to complete the public interest test.
- They must tell you within 20 working days
- Only for qualified exemptions (e.g., Section 36, Section 43)
Note: If the 20th working day falls on a weekend or bank holiday, the deadline is the next working day.
Cost Limits – What's Free and What's Not
Cost Limits by Authority:
Central government: £600
Other public authorities: £450
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. Includes:
- Section 21 – Information accessible by other means
- Section 40 – Personal data (if it's someone else's)
- Section 41 – Information provided in confidence
- Section 44 – Prohibitions on disclosure
Qualified Exemptions
Require public interest test. Includes:
- Section 36 – Prejudice to effective conduct of public affairs
- Section 43 – Commercial interests
- Section 35 – Government policy formulation
- Section 22 – Information intended for future publication
Public Interest Test: For qualified exemptions, they must weigh the public interest in disclosure against the public interest in maintaining the exemption. If they extend for a PIT, they have an extra 20 working days.
What If They Refuse or Miss the Deadline?
1
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.
2
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.
3
Court Enforcement
If they ignore ICO enforcement, they can be taken to court for contempt under section 54 FOIA.
Pro Consumer Tips
Check disclosure logs first – Many authorities publish previous FOI responses online. Your info might already be there.
Be specific, not narrow – Describe the information you want, not specific documents. Let them find what's relevant.
If they exceed cost limit – Ask them to help you refine your request. They are under a duty to advise you how to narrow it down.
Don't accept "vexatious" claims – Requests are not vexatious just because they expose failures or cause embarrassment. Challenge it.
"We'll publish later" – hold them to it – Ask for a specific date and follow up. In some cases reported by the ICO, authorities have been criticised for poor records management following FOI refusals.
Accessible formats – You have rights under the Equality Act to request information in Braille, large print, or audio.
Tone doesn't matter – Politeness is recommended, but a request cannot be refused solely due to tone. However, abusive or harassing behaviour may affect how your request is handled.
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]