Complete Guide to Freedom of Information Requests in the UK
Freedom of Information requests give you the right to access government documents and public authority records. This guide explains how to make a request, what you can ask for, and how to appeal if you are refused.
Key fact: Public authorities must respond to FOI requests within 20 working days. If they refuse, you have the right to appeal to the Information Commissioner's Office (ICO).
What is a Freedom of Information request?
An FOI request allows you to ask any public authority (councils, NHS, police, government departments) for documents and information they hold. They are legally required to provide it unless a specific exemption applies. This is a powerful tool to expose inefficiency, check decisions made about you, or investigate public matters.
Your rights under UK law
- Freedom of Information Act 2000: Grants you the right to request information from public authorities.
- Environmental Information Regulations 2004: For environmental data held by public authorities.
- 20 working day response deadline: Authorities must respond within this period or formally extend (up to 20 additional days).
- Right to appeal: If refused, you can request an internal review and appeal to the ICO.
- Upper Tribunal: If unhappy with the ICO decision, you can appeal on legal grounds.
Step-by-step how to make a request
- Identify the public authority. Work out which council, NHS trust, or government department holds the information.
- Frame your request clearly. Be specific about what you want (e.g., "emails between X and Y about subject Z between dates A and B").
- Send to their FOI team. Most authorities have a dedicated email. Never send to individual staff.
- Wait 20 working days. They must respond with the information, a refusal with reasons, or a request for clarification.
- If refused, request an internal review. Most authorities will reconsider if you challenge their reasoning.
- Appeal to the Information Commissioner if still refused. The ICO is the independent regulator of FOI.
Common scenarios
Scenario 1: You want to see documents relating to a decision made about you
Request the specific decision file, assessments, or emails. Frame it clearly: "All documents relating to [specific decision] dated [date] affecting [your name]".
Scenario 2: Authority claims cost exemption
If information costs more than 600 pounds to retrieve, they can refuse. Challenge this - ask for a breakdown of costs and consider whether a narrower request would cost less.
Scenario 3: Information is withheld for legal professional privilege or security
These are valid exemptions. Request the ICO review the claim. Many authorities wrongly claim exemptions when none apply.
Scenario 4: Authority says information does not exist
If you believe they are wrong, request an internal review. Ask them to confirm they have searched all relevant systems and teams.
Critical deadlines
- Initial response: 20 working days from receipt of your request.
- Internal review request: Should be made within 40 days, though can be later if timely.
- ICO appeal: Can be made at any time but best within 3 months of the refusal.
- Upper Tribunal appeal: 28 days from the ICO's decision (with permission).
Appeals and escalation
Internal Review: The authority must have someone not involved in the original decision review your case.
Information Commissioner's Office: An independent regulator that can order authorities to release information or uphold refusals.
Upper Tribunal: For legal errors in the ICO decision (limited grounds).
Common mistakes to avoid
- Making vague requests - be specific about what you want and when.
- Requesting personal information about third parties - this is usually protected.
- Giving up after the first refusal - many succeed on internal review or ICO appeal.
- Sending requests to individual staff members - always use the official FOI email.