Internal review by the authority. (FOIA s.45 code; EIR reg 11; FOISA s.20) Complaint to the regulator, which issues a decision notice. (FOIA s.50; FOISA s.47) Appeal to the First-tier Tribunal (General Regulatory Chamber), within 28 days of the decision notice. (FOIA s.57) In Scotland, appeal to the Court of Session on a point of law. (FOISA s.56)

What happens if it goes wrong?

Regulatory: The requester can complain to the regulator, which issues a decision notice requiring the authority to act. Either side can appeal to the First-tier Tribunal (General Regulatory Chamber), then on a point of law to the Upper Tribunal. Failing to comply with a notice can be certified to the High Court and dealt with as contempt. Criminal: Altering, defacing, blocking, erasing, destroying or concealing a record with intent to prevent its disclosure after a request is an offence under FOIA s.77 (summary only, unlimited fine in England and Wales), and under EIR reg 19. Civil: No right to compensation. Enforcement runs through the regulator and the tribunal.

How do you complain or appeal about an FOI response?

First ask the authority for an internal review. If still unhappy, complain to the regulator, which can issue a decision notice requiring disclosure. Its decision can be appealed to the First-tier Tribunal and then, on a point of law, to the Upper Tribunal. In Scotland, apply to the Scottish Information Commissioner, with appeal on a point of law to the Court of Session.

Freedom of information

What it is

The regulator for FOIA and the EIR in England, Wales and Northern Ireland has been the Information Commission since 2026-09-30. The regulator need not deal with a complaint where the requester has not used the authority's complaints procedure, or has delayed unduly (FOIA s.50(2)).

The route

Internal review by the authority. FOIA s.45 code; EIR reg 11; FOISA s.20
Complaint to the regulator, which issues a decision notice. FOIA s.50; FOISA s.47
Appeal to the First-tier Tribunal (General Regulatory Chamber), within 28 days of the decision notice. FOIA s.57
In Scotland, appeal to the Court of Session on a point of law. FOISA s.56

Who is responsible

The requester or the authority can appeal a decision notice.

What it involves

Request a review.
Complain to the regulator with the request and responses.
Comply with any decision notice, or appeal it.
Appeal on a point of law if needed.

If it goes wrong

Regulatory: The requester can complain to the regulator, which issues a decision notice requiring the authority to act. Either side can appeal to the First-tier Tribunal (General Regulatory Chamber), then on a point of law to the Upper Tribunal. Failing to comply with a notice can be certified to the High Court and dealt with as contempt.
Criminal: Altering, defacing, blocking, erasing, destroying or concealing a record with intent to prevent its disclosure after a request is an offence under FOIA s.77 (summary only, unlimited fine in England and Wales), and under EIR reg 19.
Civil: No right to compensation. Enforcement runs through the regulator and the tribunal.

Go further

The law: FOIA 2000, FOISA 2002, EIR 2004, EIRS 2004
Procedures: FOI request response (FOIA 2000), Scottish FOI and EIR response (FOISA 2002, EIRS 2004)

More on freedom of information and environmental information

Sources

Primary Freedom of Information Act 2000, section 50 legislation.gov.uk
Primary Freedom of Information Act 2000, section 57 legislation.gov.uk
Primary Freedom of Information (Scotland) Act 2002, section 47 legislation.gov.uk
Regulator First-tier Tribunal (General Regulatory Chamber) HM Courts and Tribunals Service

Updated 2026-11-09