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Freedom of Information Requests: How to Ask & Appeal

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Checked against legislation.gov.uk, the Information Commission and GOV.UK. Edited by Steven Butler.

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Anyone has a right to ask a public authority for the recorded information it holds. A public authority usually has 20 working days to respond. A valid request must be in writing and give your name, an address for correspondence and a description of the information you want. This guide covers who you can ask, how long they have, what can be refused and how to complain.

Key points
  • ✓Anyone has a right to ask a public authority for the recorded information it holds, and a valid request needs only your name, an address for correspondence and a description of the information.
  • ✓The authority usually has 20 working days to respond. Most requests are free, but you might be asked to pay a small amount for photocopies or postage.
  • ✓Recorded information includes electronic or paper copies of formal documents, like policies or minutes of meetings, and other records such as emails, photographs or audio recordings.
  • ✓You can ask councils, schools, colleges and universities, the NHS, the police and fire services, government departments and publicly owned companies.
  • ✓For a copy of your own personal information, make a subject access request instead of a freedom of information request.

What is Freedom of Information?

The Freedom of Information Act 2000 (FOIA) covers public authorities in England, Wales and Northern Ireland, and UK-wide public authorities based in Scotland. Scotland has its own legislation, the Freedom of Information (Scotland) Act 2002, which covers Scottish public authorities and has its own commissioner. Under the Act:

  • You are entitled to be told in writing whether the authority holds the information you describe and, if it does, to have that information communicated to you
  • Most requests are free, but you might be asked to pay a small amount for photocopies or postage
  • A question can be a valid request, because the authority should provide any recorded information it holds that answers it

That entitlement is subject to the exemptions, the fees rules, the cost limit and the rule on vexatious or repeated requests. A public authority does not have to create new information, and is not required to answer a question unless it already holds the answer as recorded information. Disclosure under the Act is disclosure to the general public, so anyone may see the information.

Environmental information: If you ask for environmental information, your request is handled under the Environmental Information Regulations 2004 (EIR). You can ask for environmental information in writing, in person or by phone, and you do not need to give your name. You can make an environmental information request to some private or public companies that have public responsibilities, such as water companies. The EIR also let a public authority take up to 40 working days where the complexity and volume of the information makes it impracticable to comply within 20.

Which public authorities are subject to the Act?

  • Yes: Government departments, devolved administrations, other public bodies and committees
  • Yes: Local councils
  • Yes: Schools, colleges and universities
  • Yes: Public health services, including hospitals, GPs, dentists, pharmacists and opticians
  • Yes: Publicly owned companies
  • Yes: Publicly funded museums, galleries and theatres
  • Yes: The police and fire services

The BBC is covered only for information held for purposes other than those of journalism, art or literature.

A company is a public authority under the Act only if it is listed in Schedule 1, designated by order under section 5, or a publicly-owned company as defined by section 6. Information held by another person on behalf of a public authority is treated as held by that authority.

If you are not sure whether an organisation is one you can ask, GOV.UK says to check with the information commissioner: the Scottish Information Commissioner for Scottish public authorities, and the Information Commission (which replaced the ICO on 30 September 2026) for England, Wales or Northern Ireland and organisations that cover the whole of the UK.

For other ways to challenge a council, see our guides to council complaints, planning and housing applications.

How to make a Freedom of Information request

1
Check whether the information is already published
You might not need to make a request if the organisation has already published the information or previously responded to a freedom of information request. Check its website for responses to previous requests, which is sometimes known as a disclosure log.
2
Send it to the right team
Where possible, send your request directly to the team who deal with information requests. It should be straightforward to find their details on the organisation's website by searching for 'freedom of information'. Whichever department receives your request, the organisation has a responsibility to recognise it as a formal request and respond to it appropriately.
3
Write your request
You must make a freedom of information request in writing. You can do it by letter, email, social media or an online form. A public authority cannot refuse a request sent by email or post simply because it would prefer you to use an online form. Give your name, a contact postal or email address and a description of the information you want, and say how you would like to receive it, for example by email or printed out and posted to you. You do not need to tell the organisation which law you are making your request under. If you cannot make your request in writing because of a disability, contact the public authority; it should help you make the request another way.
4
Be clear and specific
Make your request as simple and straightforward as possible, and include details like date ranges and the likely location of the information if you can. Do not include unnecessary information alongside your request, like details about a wider customer service complaint. If the public authority has to ask you to clarify your request, it will take longer for you to receive the information.
5
Keep a record
Keep a copy of your correspondence and any proof of postage or delivery. If you use an online form, take a screenshot before sending and note down the date you made the request.
There are some dedicated websites, like WhatDoTheyKnow, that can help you submit requests to public authorities.

How long does a public authority have to respond to an FOI request?

A public authority usually has 20 working days to respond, counting the first working day after it receives your request as the first day. A working day is any day other than a Saturday, a Sunday, or a public or bank holiday. For schools the standard time limit is 20 school days, or 60 working days if that is shorter.

  • If the authority asks you to clarify your request, the 20 working days do not start until you have provided clarification
  • If the authority sends you a fees notice, the working days until the fee is paid are not counted
  • For a qualified exemption, the authority can take extra time to consider the public interest, but it must write to tell you why within the initial 20 working days

The Act does not allow extra time for searching for information. If finding the information would exceed the cost limit, the authority may be able to refuse the request instead.

Exemptions, when can a request be refused?

A public authority can refuse a whole request if it would cost too much or take too much staff time, if the request is vexatious, or if it repeats a previous request from the same person. The Act also has exemptions that let it withhold information. Exemptions are either absolute, which apply whatever the public interest, or qualified, where the authority must weigh the public interest in maintaining the exemption against the public interest in disclosing the information.

Common grounds for refusing a request include:

  • Section 12, cost limit: £600 for central government, Parliament and the armed forces, or £450 for other public authorities, and the authority must still give you reasonable advice and assistance to refine your request
  • Section 14, vexatious or repeated requests
  • Section 21, information reasonably accessible to you by other means (absolute)
  • Section 22, information held with a view to future publication (qualified)
  • Section 31, law enforcement, such as prejudice to the prevention or detection of crime (qualified)
  • Section 36, prejudice to the effective conduct of public affairs (qualified, except for information held by the House of Commons or the House of Lords)
  • Section 40, personal information: personal data of which you are the data subject (absolute), and other people's personal data if disclosing it to the public would contravene the data protection principles (absolute)
  • Section 41, information obtained from another person where disclosing it would be an actionable breach of confidence (absolute)
  • Section 43, commercial interests, including trade secrets and prejudice to anyone's commercial interests (qualified)
A refusal must be explained. If an authority relies on an exemption, its notice must state that fact, specify the exemption and, if it would not otherwise be apparent, say why the exemption applies. For a qualified exemption it must also state its reasons, either in the notice or in a separate notice, for claiming that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The notice must give details of any complaints procedure, or say there is none, and of your right to complain to the Commission under section 50.

Even when refusing, the authority will normally still have to confirm whether it holds the information, though in some circumstances it can refuse to confirm or deny.

What to do if your request is refused

1
Request an internal review
Contact the public authority in writing and ask it to review the decision, explaining why you disagree. The Act does not oblige an authority to provide a complaints process, but it is good practice under the section 45 code of practice and most authorities do. The regulator's guidance says an internal review should take no longer than 20 working days in most cases, or 40 in exceptional circumstances. Do not wait too long to ask for the review: a public authority could refuse to deal with it if you wait longer than 40 working days. You may need to have requested an internal review before you can complain to the Information Commission.
2
Complain to the Information Commission (formerly the ICO)
If the internal review upholds the refusal, complain to the Information Commission (ico.org.uk). It took over from the Information Commissioner's Office (the ICO) on 30 September 2026, and it regulates freedom of information legislation independently. Bring your complaint within six weeks of the authority's response or your last substantive contact with it. You can also complain if the authority does not respond to your request, but follow up with it first to make sure it received the request. Under section 50 of the Act, any person may apply to the Commission for a decision on whether their request has been dealt with in accordance with Part I of the Act. Where the Commission decides that the authority has failed to communicate information it was required to, its decision notice must specify the steps the authority must take and the period within which it must take them. The Commission does not act as your representative and does not award compensation.
3
Appeal to the First-tier Tribunal
If you disagree with the Commission's decision notice, you can appeal to the Tribunal under section 57 of the Act, and GOV.UK says your case will be dealt with by a tribunal in the General Regulatory Chamber (First-tier Tribunal). The public authority can appeal against the notice too. GOV.UK says you have 28 days to appeal after the Commission sends you its decision. Under section 58, if the notice was not in accordance with the law, or the Commission ought to have exercised its discretion differently, the Tribunal shall allow the appeal or substitute such other notice as could have been served by the Commission.
The Commission needs to see copies of the most relevant parts of your correspondence with the authority: your request, its response, your request for an internal review and the outcome of the review.

Your own data, Subject Access Requests

If you want a copy of your own personal information from a public authority, make a subject access request (SAR) instead of a freedom of information request. Section 40(1) of the Freedom of Information Act makes personal data of which you are the data subject exempt from a freedom of information request.

  • You write to the organisation to ask for a copy of the information it holds about you; if it is a public organisation, write to its Data Protection Officer
  • The organisation must give you a copy as soon as possible, and within 1 month at most
  • In certain circumstances, for example particularly complex or multiple requests, the organisation can take a further 2 months, and it must tell you within 1 month why there is a delay
  • Requests for your information are usually free, but organisations can charge an administrative cost in some circumstances, for example if you ask for a large amount of information
  • If you are unhappy with the response, you can make a complaint to the Information Commission, which took over from the ICO

An organisation is allowed to withhold some information, for example information about the prevention, detection or investigation of a crime, and it does not have to say why it is withholding it.

Where to go next

Council
Council Complaints
How to complain formally about a council decision.
Council Tax
Challenging council tax decisions.
Housing Applications
Rights around social housing allocation decisions.
Planning
Your rights over planning decisions and applications.

Frequently asked questions

What can individuals request under the Freedom of Information Act?

Any recorded information a public authority holds. The regulator says this includes electronic or paper copies of formal documents, like policies or minutes of meetings, and other kinds of records like emails, photographs or audio recordings. A public authority does not have to create new information. You cannot use a freedom of information request to get a copy of your own personal information, that goes through a subject access request instead, and the authority can refuse on grounds listed in the Act.

Can I make an anonymous FOI request?

No. A valid request must include your real name and an address for correspondence, which can be a postal address or an email address. A request can be made in the name of an organisation, or by one person on behalf of another, such as a solicitor on behalf of a client. Requests sent through websites like WhatDoTheyKnow are still valid requests.

Can the council ask why I want the information?

To be valid, a request must be in writing, include your real name and an address for correspondence, and describe the information requested. The regulator's guidance says that, as a general rule, a public authority should not take into account the identity or intentions of a requester when considering whether to comply with a request.

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

Ask the authority for help to refine your request. If a request would exceed the cost limit, the authority must give you reasonable advice and assistance to refine it, which generally means explaining why the limit would be exceeded and what information, if any, may be available within the limits. If you refine your request, it is treated as a new request and the time for the authority to comply starts on the working day after it receives it.

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

Follow up with the authority first to make sure it received your request. You can then ask for an internal review if the authority has a complaints process, and you can complain to the Information Commission if the authority does not respond to your request. Where the Commission decides that the authority has failed to communicate information it was required to, its decision notice must specify the steps the authority must take and the period within which it must take them.

Does FOIA apply in Scotland?

Scottish public authorities are covered by Scotland's own Freedom of Information (Scotland) Act 2002, which has its own commissioner. UK-wide public authorities based in Scotland are covered by the Freedom of Information Act 2000. A Scottish public authority has 20 working days to respond. If you are dissatisfied you can require it to review its actions and decisions, normally by the fortieth working day after you receive its response, or after the time for responding expires if it does not respond. If you are still dissatisfied you can apply to the Scottish Information Commissioner, normally within six months. GOV.UK says that in Scotland you should allow 6 extra days if you send your request by post.

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https://www.knowyourrightsuk.com/council/freedom-of-information
Know Your Rights UK. "Freedom of Information Requests: How to Ask & Appeal." Know Your Rights UK, https://www.knowyourrightsuk.com/council/freedom-of-information