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Freedom of Information: How to Request Information from Public Bodies

Last updated: Checked against primary legislation on legislation.gov.uk

The Freedom of Information Act 2000 gives anyone the right to ask any public authority for any recorded information they hold. You do not need to explain why you want it, and you do not need to be a UK resident or citizen. Councils, NHS trusts, government departments, schools, the police, all are subject to the Act. This guide explains how to make a request, what to do if it is refused, and how to appeal.

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What is Freedom of Information?

The Freedom of Information Act 2000 (FOIA) applies across the UK (Scotland has its own Freedom of Information (Scotland) Act 2002 with similar rights). Under the Act:

  • Any person (UK or abroad, individual or organisation) can request any recorded information from a public authority
  • The public authority must respond within 20 working days
  • You do not need to give a reason for your request
  • Requests are free (unless the cost of compliance exceeds the limit, see below)
  • The Act applies to all recorded information, regardless of format: emails, reports, databases, photographs, video footage, meeting minutes
Environmental information is subject to separate rules under the Environmental Information Regulations 2004 (EIR), which apply even to private companies carrying out public functions (e.g. privatised utilities). The EIR has the same 20-working-day response time but slightly different exemptions.

Which public authorities are subject to the Act?

  • Government departments and agencies (HMRC, DWP, Home Office, etc.)
  • Local councils and combined authorities
  • NHS trusts, GP practices, and health authorities
  • Schools, colleges, and universities
  • The police and other law enforcement bodies
  • Courts (administrative information, not judicial decisions)
  • Publicly owned companies
  • The BBC and other public broadcasters (for information relating to their public functions)
Private companies are not covered by FOIA, but if a private company is carrying out a public function (contracted to deliver public services), that specific function may be covered. When in doubt, make the request, the authority must tell you if they do not hold the information.

How to make a Freedom of Information request

1
Identify the right public authority
Work out which body is most likely to hold the information. For local issues (housing decisions, planning, contracts), it is usually your local council. For national matters, it will be the relevant government department.
2
Write your request: email is fine
Your request must be in writing (email counts). State your name, provide a return email or address, and describe the information you want clearly. You do not need to cite the Act or use formal language, but including 'I am making this request under the Freedom of Information Act 2000' signals you know your rights.
3
Be as specific as possible
Vague requests are harder to fulfil and may be refused as too broad. Instead of 'all emails about the housing contract', ask for 'correspondence between [department] and [company] regarding [specific contract] between [date range]'. The more specific you are, the faster and more complete the response.
4
Wait up to 20 working days
The authority must respond within 20 working days. If they need more time (due to complexity or volume), they must tell you and give a revised date. Many authorities use mySociety's WhatDoTheyKnow.com, submitting via this site keeps a public record of your request and response.
WhatDoTheyKnow.com is a free service that sends FOI requests on your behalf and publishes the responses publicly. This is useful because: it keeps a public record, it puts pressure on authorities to respond, and you can see if someone else has already asked the same question.

Exemptions, when can a request be refused?

Public authorities can refuse requests on specific grounds listed in the Act. Exemptions are either absolute (the information does not have to be disclosed regardless of the public interest) or qualified (the authority must apply a public interest test).

Common exemptions include:

  • Section 12, cost limit: if complying would cost more than £600 (central government) or £450 (other authorities), they can refuse, but they must advise how you could narrow your request
  • Section 21, information already reasonably accessible to the public
  • Section 22, information intended for future publication
  • Section 31, law enforcement (ongoing investigations, etc.)
  • Section 36, prejudice to effective conduct of public affairs (this is frequently overused by authorities)
  • Section 40, personal data (third-party personal data is exempt; your own data is subject to Subject Access Request, not FOI)
  • Section 41, information provided in confidence (trade secrets, etc.)
  • Section 43, commercial interests
Exemptions are frequently overclaimed. Many authorities cite commercial sensitivity, legal privilege, or section 36 without proper justification. If you receive a refusal with a vague exemption, challenge it, the Information Commissioner (ICO) overturns a significant proportion of refused FOI requests on appeal.

What to do if your request is refused

1
Request an internal review
You have the right to ask the authority to review their decision. Do this in writing, explaining which exemption you dispute and why. The authority must complete an internal review within 20 working days (40 for complex cases). This step is usually required before you can complain to the ICO.
2
Complain to the Information Commissioner (ICO)
If the internal review upholds the refusal, complain to the ICO (ico.org.uk). The ICO is the independent regulator for the Act. Complaints are free. The ICO will investigate and can issue a decision notice ordering the authority to disclose the information.
3
Appeal to the First-tier Tribunal (Information Rights)
If you disagree with the ICO's decision notice, you can appeal to the First-tier Tribunal (Information Rights). Appeals can also be brought by the public authority if they disagree with an ICO disclosure order. The tribunal can overturn ICO decisions and order disclosure.
ICO investigation timescales can be slow, typically several months. If your information is time-sensitive, push for the internal review to be completed promptly and make the urgency clear in your ICO complaint.

Your own data, Subject Access Requests

If you want information about yourself (your own files, records, what an authority holds on you), this is handled under UK GDPR / the Data Protection Act 2018 via a Subject Access Request (SAR), not an FOI request.

  • A SAR can be made to any organisation that processes your personal data, not just public authorities
  • The organisation must respond within one month
  • SARs are free (unless manifestly unfounded or excessive)
  • The ICO also handles complaints about SAR refusals
  • Councils, the DWP, HMRC, and the police all hold significant amounts of personal data, a SAR can reveal what they have on you

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Frequently asked questions

Can I make an anonymous FOI request?

No. The Act requires you to provide your real name and a return address (email is fine). However, if you submit via WhatDoTheyKnow.com, your request will be publicly visible but you can use a pseudonymous account, though the platform requires you to use a real name in the request itself.

Can the council ask why I want the information?

Yes, they can ask, but you do not have to answer. They cannot refuse your request solely because you will not give a reason. The Act is applicant-blind: the information is either disclosable or it is not, regardless of who is asking or why.

The authority says my request is too broad, what can I do?

Ask them to help you narrow the request. Under the Act, the authority should advise how you can refine the request to bring it within the cost limit. Work with them to identify the specific documents or date ranges that would get you the information you actually need.

The authority has not responded within 20 working days, what are my options?

You can complain directly to the ICO without going through an internal review first, as the failure to respond is itself a breach of the Act. Send a complaint to the ICO and reference the missed deadline. The ICO can order the authority to respond.

Does FOIA apply in Scotland?

Scotland has its own Freedom of Information (Scotland) Act 2002, which gives broadly the same rights. It applies to Scottish public authorities (Scottish Government, Scottish councils, Scottish NHS boards). The appeal body is the Scottish Information Commissioner, not the UK ICO.

Related guides

Council Complaints
How to complain formally about a council decision.
Council Tax
Challenging council tax decisions.
Housing Applications
Rights around social housing allocation decisions.

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https://www.knowyourrightsuk.com/council/freedom-of-information
Know Your Rights UK. "Freedom of Information: How to Request Information from Public Bodies." Know Your Rights UK, https://www.knowyourrightsuk.com/council/freedom-of-information