Freedom of information for schools presents its own challenges. Schools receive requests for information from parents, journalists, governors, campaign groups and members of the public every year. Some requests are simple. Others involve sensitive issues such as safeguarding, finances, admissions or complaints.
The Freedom of Information Act 2000 (FOIA) gives anyone the legal right to request recorded information held by public authorities, including most state-funded schools. Understanding how the Act applies is an important part of good governance, helping schools remain transparent while protecting confidential and personal information.
Although the legislation is the same for every public authority, schools face several unique challenges that make compliance different from local authorities, NHS organisations or government departments.
This guide explains FOI for schools, and what schools need to know.
Which Schools Must Comply?
The Freedom of Information Act applies to most publicly funded schools, including:
- Maintained schools
- Academies
- Multi-Academy Trusts (MATs)
- Free schools
- Pupil referral units
Independent schools are generally not subject to the Act unless they perform functions that make them public authorities under the legislation.
For academies and MATs, the trust itself is usually the public authority rather than each individual academy, although requests may be made to either depending on how information is held.
What Is Freedom of Information?
The Freedom of Information Act gives anyone, anywhere in the world, the right to request recorded information held by a public authority.
The requester:
- does not have to explain why they want the information
- does not need to be affected by the issue
- may even remain anonymous.
Unlike data protection legislation, FOI is concerned with the information itself rather than the identity of the requester.
For example, someone could ask:
- How much has the school spent on supply teachers?
- What is the school’s behaviour policy?
- How many pupils were permanently excluded last year?
- How much was spent on IT equipment?
Provided no exemption applies, the information should normally be disclosed.
The Purpose of the Act
The Act exists to improve openness, accountability and public confidence.
Schools spend public money, make decisions affecting their communities and provide an important public service. The Act enables the public to understand how decisions are made and how resources are used.
Transparency can also improve trust between schools, parents and the wider community.
Recorded Information
FOIA only applies to recorded information.
This includes:
- emails
- letters
- reports
- meeting minutes
- policies
- financial records
- spreadsheets
- contracts
- inspection reports
- photographs
- electronic documents
- handwritten notes kept as official records.
The Act does not require schools to:
- answer hypothetical questions
- provide explanations or opinions
- create new information
- analyse data that does not already exist.
If the requested information is not recorded, the school is not required to create it.
Publication Schemes
One feature of FOIA that is often overlooked is the requirement to maintain a Publication Scheme.
Every school must adopt the Information Commissioner’s Model Publication Scheme and routinely publish key information without waiting for requests.
Typical information includes:
- governance information
- policies
- financial information
- staffing structures
- inspection reports
- curriculum information
- admissions arrangements.
Keeping the publication scheme up to date reduces the number of formal FOI requests and demonstrates openness.
Responding to Requests
Schools normally have 20 school days or 60 working days (whichever is shorter) to respond.
The response may be:
- providing the information
- confirming the information is not held
- refusing the request under an exemption
- asking for clarification where necessary.
The clock generally stops while waiting for clarification.
How Schools Differ from Other Public Authorities
Although the legislation is identical, schools encounter issues that are much less common elsewhere.
Large Amounts of Children’s Personal Data
Perhaps the biggest difference is the volume of sensitive personal information schools hold.
Pupil records frequently contain:
- educational records
- behavioural information
- safeguarding information
- SEND information
- health information
- attendance records
- assessment results.
Much of this information is personal data under the UK GDPR and Data Protection Act 2018.
FOIA is not the correct route for accessing a child’s own records.
Instead, requests for personal information should normally be dealt with as Subject Access Requests under data protection legislation.
This distinction is one of the most common areas of confusion for schools.
Parents Often Use the Wrong Legislation
Parents frequently submit Freedom of Information requests when they are actually seeking access to their child’s personal data.
For example:
“Please provide all records you hold about my son.”
This is not really an FOI request.
It should usually be handled as a Subject Access Request because the information relates to an identifiable individual.
Recognising when to redirect requests is an important skill for school administrators.
Safeguarding Information
Schools routinely hold safeguarding information that may involve:
- children
- families
- social services
- police
- healthcare professionals.
Even where requested under FOIA, such information is often protected by exemptions relating to personal information, information provided in confidence or, in some cases, law enforcement.
Protecting vulnerable children will almost always take precedence over disclosure.
Small Administrative Teams
Unlike many councils or NHS organisations, schools rarely have dedicated FOI officers.
Requests are often managed by:
- Headteachers
- School Business Managers
- Office Managers
- Trust governance staff.
This makes good record management and clear internal procedures particularly important.
School Governance
Schools generate large volumes of governance documentation including:
- governing body minutes
- committee papers
- trust board papers
- audit reports
- financial decisions.
Many of these records are disclosable unless an exemption applies.
However, minutes may contain confidential discussions about individuals, staffing or disciplinary matters that require careful review before disclosure.
Procurement and Public Spending
Schools increasingly receive requests about how public money has been spent.
Typical examples include:
- catering contracts
- ICT procurement
- building projects
- consultancy costs
- senior leadership expenses.
Some commercially sensitive information may be withheld under the commercial interests exemption, but schools should remember that transparency around public spending is a key objective of FOIA.
Admissions and Appeals
Admissions frequently generate requests concerning:
- admission statistics
- oversubscription criteria
- catchment areas
- waiting lists
- appeal outcomes.
While statistical information is often disclosable, individual pupil information will normally be protected as personal data.
Timescales for Responses
The 20 school day or 60 working day deadline is different from other organisations, who usually only have 20 working days to respond. The additional time is to allow for school holidays during which schools may be closed, or their administrative teams may not be working – at least at full capacity.
Common Exemptions Used by Schools
When it comes for FOI for schools some exemptions schools rely upon most frequently include:
| Exemption (click on the exemption to find out more) | Typical School Example |
| Section 40 – Personal information | Pupil records, staff records, safeguarding information |
| Section 41 – Information provided in confidence | References or confidential reports |
| Section 36 – Prejudice to effective conduct of public affairs | Certain governance discussions (where applicable) |
| Section 43 – Commercial interests | Procurement and tender documentation |
| Section 21 – Information accessible by other means | Information already published on the school’s website |
| Section 22 – Information intended for future publication | Reports scheduled for publication |
Many exemptions require careful consideration and some are subject to the public interest test.
Good Record Keeping Makes FOI Easier
The easiest FOI requests to manage are those supported by good information governance.
Schools should ensure they have:
- clear records management arrangements
- document retention schedules
- organised electronic filing systems
- up-to-date publication schemes
- written FOI procedures
- trained staff.
Good governance reduces response times and improves consistency.
Training Is Essential
Anyone who may receive correspondence should understand the basics of FOIA.
Reception staff, school offices and senior leaders should be able to recognise:
- a valid FOI request
- a Subject Access Request
- environmental information requests
- complaints
- routine correspondence.
Identifying the request correctly at the outset avoids delays and reduces compliance risks.
- WuDo Solutions provides expert-led training courses in freedom of information online, in person and in house. You can find out more here.
Key Takeaways: Freedom of Information for Schools
The Freedom of Information Act is about openness and accountability, but schools must balance transparency with their duty to protect children and personal information.
The legislation is the same as for any other public authority, yet schools face distinctive challenges because they:
- hold extensive personal and safeguarding information about children;
- regularly receive requests from parents that are more appropriately handled under data protection law;
- operate with relatively small administrative teams;
- manage significant public funds while maintaining confidentiality around individual pupils and staff.
With effective record management, staff training and a clear understanding of the relationship between FOIA and data protection law, schools can respond confidently to requests while maintaining public trust.