Step by Step Guide to FOI Requests

Statutory Timescales for Responding for FOI Requests

The primary statutory timescale is:

• 20 working days: A public authority must, in most cases, respond to an FOI request within 20 working days from the date they receive the request.

Key points regarding this timescale:

• Working days: This excludes weekends and public holidays.

• Date of receipt: The clock starts ticking on the day the request is received by the public authority, not necessarily when it reaches the specific FOI team.

• Response includes: The response must either provide the requested information, state that the information is not held, or confirm that an exemption applies. If an exemption is applied, the public authority must also state which exemption is being relied upon and, in many cases, explain why.

Exceptions and extensions to the 20 working day rule:

1. Clarification of Request: If the public authority needs clarification from the applicant to understand the request, the 20 working day clock is paused until the clarification is received. Once the clarification is received, the clock restarts from where it left off.

2. Public Interest Test (PIT): If the public authority decides to apply a “qualified” exemption (where a public interest test is required to weigh the public interest in disclosure against the public interest in withholding), the Act allows for an extension. The authority must notify the applicant of the extension within the initial 20 working days. While no specific maximum period is set for the PIT, the authority must complete it and respond “within a reasonable period,” which is generally understood to be an additional 20 working days, making a total of 40 working days. However, this additional time must be justified by the complexity of the public interest test.

3. Fees: If the public authority intends to charge a fee (which is rare for standard FOI requests, but possible for large requests exceeding a cost threshold), it must issue a fees notice. The 20 working day clock is paused until the fee is paid. If the fee is not paid within three months, the authority is no longer obliged to comply with the request.

Consequences of Non-Compliance:

Failure to respond within the statutory timescales (or justified extensions) constitutes a “deemed refusal” of the request. This allows the applicant to complain to the public authority directly for an internal review. If still unsatisfied, the applicant can then complain to the Information Commissioner’s Office (ICO), which can investigate and issue decision notices requiring the public authority to comply.

Step 1: Record the Date of Receipt (Day 0)

• Log the request immediately upon receipt.

• The 20 working day clock starts the next working day after receipt.

• Working days exclude weekends and public holidays.

Step 2: Validate the Request (Day 1–2)

• Check that the request is valid:

  • It must be in writing (email, letter, online form).

  • and must include the requester’s name and correspondence address.

  • It must describe the information requested clearly.

• If clarification is needed, pause the clock and seek clarification.

  • The clock resumes when clarification is received.

Step 3: Acknowledge the Request (Day 1–3)

• Send an acknowledgment to the requester.

• Confirm the date of receipt.

• Provide a reference number and brief outline of the process and expected timescale.

Step 4: Identify and Locate the Information (Day 2–7)

• Determine if the requested information is held by your organisation.

• Search relevant systems, databases, and departments.

• Engage with internal stakeholders if necessary.

Step 5: Consider Whether Exemptions Apply (Day 7–12)

• Assess if any exemptions under the FOIA apply (e.g., Section 40 – personal data, Section 43 – commercial interests).

• Determine whether the exemption is:

  • Absolute (no public interest test required), or

  • Qualified (requires a public interest test).

• If exemptions apply, prepare a justification.

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Step 6: Apply the Public Interest Test (if needed) (Day 10–14)

• For qualified exemptions, assess:

  • Whether the public interest in maintaining the exemption outweighs the public interest in disclosure.

• Document the reasoning carefully.

Step 7: Prepare the Response (Day 14–17)

• Compile the requested information.

• Apply any necessary redactions (e.g., personal data, security-sensitive content).

• Format the response clearly and legibly.

Step 8: Review and Approve (Day 17–18)

• Conduct an internal review to ensure:

  • Accuracy of the information.

  • Proper application of exemptions.

  • Legal compliance and appropriate tone.

• Secure approval from the FOI lead or relevant officer.

Step 9: Issue the Response (Day 19–20)

• Send the response to the requester.

• Include:

  • The information (or explanation of any refusal).

  • Reasons for applying any exemptions.

  • Information about internal review and complaint rights (to the ICO).

• Ensure the response is sent before the end of the 20th working day.

Step 10: Record and Monitor (Day 20+)

• Log the outcome of the request.

• Track deadlines for potential internal reviews or ICO complaints.

• Use request data for performance reporting and FOI trends analysis.

Additional Elements to FOI Requests

Pausing the Clock

• As noted above you can pause the 20-day clock when:

  • Clarification from the requester is sought.

  • A fees notice is issued.

• The clock resumes once the clarification or payment is received.

Charging Fees

• Again as noted above, fees can be charged if the request exceeds the cost threshold (£600 for central government, £450 for others).

• A fees notice must be issued in writing, pausing the clock.

Conclusion

A structured, well-documented approach is essential to comply with the 20 working day limit under the Freedom of Information Act 2000. Timeliness, transparency, and clarity underpin a successful FOI response process.

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