UK Deadline when responding to FOIA
Valid requests under the Freedom of Information Act (FOIA) must be responded to within 20 days. The act was introduced in 2000 to give the public access to information that they should have ‘the right to know’ from public authorities like the police and NHS. In their response, these authorities can either provide the information request, ask for more details, or refuse the request.
Written by a human
FAQs:
What is the deadline for responding to an FOIA request?
Who gets asked for FOI requests?
On what grounds can a FOIA request be refused?
What happens if your FOI request is ignored?
What is the UK deadline for responding to an FOIA request?
There is a 20-day deadline (maximum) for responding to an FOIA request in the United Kingdom. Here’s an idea of the timeline for assessing and responding to FOIA requests:
- Request received (day 0)
- Initial assessment made to check whether the request is valid under the FOIA (by day 2)
- (a) If accepted, the requester is assigned a reference number to be used in all correspondence, and the request will be handled (by day 20)
(b) If there is information missing, the requester will be assigned a reference number and asked to provide extra information. The 20 working day deadline begins after all the information is properly received.
(c) If the request is refused, the requester will be given a reason (by day 20)
The only exceptions to these statutory time limits are some schools, which are granted deadline extensions during the school holidays, and postal requests in Scotland, where 6 extra days are given to respond.
How to make an FOIA request?
When making an FOIA request, you should include your name, a contact address (physical or email), and a detailed description of the information you want. Most requests are free, however you may be asked to cover the costs of certain photocopies or postage fees. Remember that FOIA requests are different from subject access requests, in which a requester asks for information about themself and their own records. That’s a separate process.
Can a FOIA be made verbally?
Only written requests are valid under the FOIA. This can include both physical and digital writing, such as letters, emails, and forms and social media.
Who gets asked for FOI requests?
Any public authority or publicly-owned company could be asked for FOI requests in the UK. The definition for these categories is fairly broad, which means that many different types of organization fit, such as:
- Parish councils
- Fire and rescue services
- NHS trusts
- Crown Prosecution Service
- Ofsted
- Ordnance Survey
- Public Universities
On what grounds can a FOIA request be refused?
There are three reasons why FOIA requests can be refused:
- When the cost of responding is too much: authoritative bodies are granted a maximum of £450 to spend on each FOIA request, whereby responding staff are charging £25 per hour of their time. If the request would therefore take more than 18 hours to respond to, it can be refused.
- When the request is vexatious: if the requested information has the potential to cause an unjustified level of disruption– for example if a requester is looking to ‘name and shame’ after compensation has already been paid for an event– it can be refused
- If it’s a repeated request from the same person: the respondent will direct the requester back to the previous record instead of repeating the whole process again
What happens if an FOI request is ignored?
If your request is refused (and you’re not satisfied) or you’ve been ignored, you can complain to the Information Commissioner’s Office (ICO), which acts like the central FOIA office. This is available through online chat, or by calling the organization on 0303 123 1113 (available between 9am and 5pm on weekdays).
