Making a Freedom of Information Request
How to request information held by a public authority under the Freedom of Information Act 2000, and what to do if it refuses, delays, or withholds information. Covers the 20-working-day statutory deadline, the cost-limit exemption, and escalating an unresolved dispute to the Information Commissioner's Office.
Overview
The Freedom of Information Act 2000 gives anyone the right to ask a public authority — government departments, councils, the NHS, schools, and the police, among others — whether it holds specified information, and to receive a copy if it does. Requests must be made in writing, by letter, email, online form, or another accessible method if a disability prevents this, and do not need to explain why the information is wanted. The authority must normally send the information within 20 working days of receiving the request. An authority can refuse a request if it estimates the cost of finding and extracting the information would exceed £450, or £600 for government departments, Parliament, and some other public bodies; requests for the requester's own personal data fall outside the Act and must instead be made as a Subject Access Request under UK GDPR. If a response is late, incomplete, or the information is wrongly withheld, the first step is to ask the authority to carry out an internal review; if that does not resolve the issue, a complaint can be made to the Information Commissioner's Office, which can order disclosure. This guide covers England & Wales; Scotland has a separate regime.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves a freedom of information request.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Identify the Public Authority
Determine which public body holds the information you want. The FOI Act applies to all public authorities including government departments, NHS bodies, local councils, police, and schools.
Write Your Request
Send a written request (email or letter) describing the information you want. Be as specific as possible. You do not need to give a reason for your request.
Authority Must Respond
The public authority must confirm whether it holds the information and provide it within 20 working days. They can extend this for complex requests involving a public interest test.
Review the Response
Check whether the information has been provided in full. Some information may be redacted under exemptions (national security, personal data, commercial interests, etc.).
Request an Internal Review
If you are not satisfied with the response, ask the authority for an internal review within 40 working days of the original response.
Complain to the ICO
If the internal review is unsatisfactory, complain to the Information Commissioner's Office. The ICO can order disclosure.
Costs
Important Warnings
Public authorities can refuse requests that would cost more than £450 (central government: £600) to comply with.
Personal data about yourself is not covered by the FOI Act — use a Subject Access Request instead.
Useful Links
Frequently asked questions
- How long does the making a freedom of information request process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Day 1"; "20 working days"; "40 working days"; "After internal review". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: FOI request — Free; ICO complaint — Free. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Public authorities can refuse requests that would cost more than £450 (central government: £600) to comply with.; Personal data about yourself is not covered by the FOI Act — use a Subject Access Request instead.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: WhatDoTheyKnow — make FOI requests easily; ICO — Freedom of Information. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.