How to File an FOI Request

What should I check before I file an FOI?

Is the information you want already published on the relevant public authority’s website? Public agencies are required to have a ‘publication scheme’ – usually posted on official websites, which includes:

  • What the authority does and how it works
  • Departments, locations, and opening hours
  • Contact details for senior officers
  • Categories of records they hold
  • Forms, manuals, and guidelines
  • Where do I send my request?

Send your request to the relevant information manager at the authority responsible for the records you’re after. You can find a full list of those contact details here.

If you’re not sure which department holds the information you’re seeking, you can contact the Information Rights Unit in Cabinet at [email protected]. In Compass experience, they’re very thorough and responsive.

 

What information should I include?

In your request, make sure you:

  • give a name (or pseudonym if you wish to remain anonymous);
  • include an email or postal address for the response;
  • describe clearly what information or records you want, including dates, topics etc.
  • explain how you want to receive the information (e.g. return of email, photocopy, PDF).

If the records are your personal data, you should expect to provide appropriate ID documents.

There’s a template example of how to make an FOI request included on this information page.

It doesn’t cost anything to submit an FOI, but sometimes photocopying or reproducing the information will come with a fee attached.

 

What’s the best way to phrase my request so I get the information I want?

A straightforward template could include:

Name

Email or postal address

Date

Subject: FOI request (with brief description of what information you want)

Dear: Information manager (at authority you are requesting the information from).

Under the Freedom of Information Act, I’m requesting access to the following records: (Provide specific details here, including date range).

Please provide the information in my preferred format (return of email, PDF, hard copy etc).

Thank you.

 

What happens next?

You should receive acknowledgement of your initial request, within 10 days. A decision on releasing the information should be given within 30 days.

Sometimes, the information manager or FOI liaison will request an extension of an additional 30 days (in our experience, this happens fairly often) citing the complexity of response or cross-department communication.

 

What do I do if my request is refused?

An FOI request can be refused if it involves some classifications of information, including personal data, commercial sensitivities, or national security.

This decision can be disputed. The first step to do this is request an internal review be conducted by the Chief Officer of the relevant agency.

If this decision is upheld, you can appeal to the Ombudsman, whose office will review the case and rule on whether the information should be released.

Decisions made by the Ombudsman are considering binding. In our experience, this has still sometimes led to delays in providing us with the information, even once the ruling has found in our favour.

 

Who are the key people when it comes to the FOI process?

A list of each government department or public authority’s information manager can be found here.

The Ombudsman is responsible for making sure the law is followed when it comes to FOIs. At time of publication, the Ombudsman is Sharon Roulstone. Her office also deals with appeals and complaints and promotes good practice across the public sector.

The Information Rights Unit in the Cabinet Office also provides training and advice on FOI.

 

Here’s the FOI process broken down into 6 steps, with a timeline.

  1. Check whether the information has already been published.
  2. If not, submit FOI request to the relevant authority.
  3. Receive acknowledgement that request has been received – within 10 days.
  4. Decision on release of information – within 30 days (up to 60 if extension requested and granted).
  5. If request refused, internal review – within 30 days of decision.
  6. Appeal to Ombudsman – after failed internal review or no response.

 

What is an FOI?