FOI request response (FOIA 2000)

How a public authority in England, Wales or Northern Ireland, or a UK-wide authority, handles a request under FOIA 2000: validity, routing, the 20 working day limit, cost and vexatious refusals, exemptions with the public interest test, refusal notices, internal review and appeal.

Applies to: Public authorities under FOIA 2000. Environmental information goes to the EIR; the requester's own personal data goes to subject access.
Instruments: FOIA 2000
Steps: 9 steps, with a deadline calculator, including a step that carries a criminal offence.

Deadline calculator

FOI request (FOIA 2000)

20 working days from receipt. Working days exclude weekends, Christmas Day, Good Friday and bank holidays in any part of the UK.

Date the request was received

Enter a date to calculate.

Basis: FOIA 2000 s.10(1) and (6). Bank holidays for 2025 to 2028, by the standard calendar rules. A calculator, not advice.

FOI internal review (FOIA 2000)

Complete an internal review within 20 working days of receiving it, and in no case more than 40, under the section 45 code of practice. Not a statutory deadline.

Date the internal review request was received

Enter a date to calculate.

Basis: Section 45 code of practice. Bank holidays for 2025 to 2028, by the standard calendar rules. A calculator, not advice.

Mechanics

Item	Position
Deadline	20 working days, excluding bank holidays in any part of the UK (s.10)
Public interest extension	A reasonable extension to consider the public interest (s.10(3)); the regulator expects no more than 20 extra working days
Cost limit	£600 for central government, £450 for other authorities, at £25 an hour
Internal review	20 working days, 40 at most (s.45 code)
Appeals	Information Commission, then First-tier Tribunal

Steps

Check validity and route the request

A valid request is in writing, gives the requester's name and an address for reply, and describes the information (s.8). Route the requester's own personal data to subject access and environmental information to the EIR.

See FOIA 2000
Log the date and set the deadline

The 20 working days start the day after receipt. Working days exclude weekends and bank holidays in any part of the UK.

See FOIA 2000
Clarify and advise where needed

If the request is unclear, ask for clarification; the clock starts again on receipt. Give reasonable advice and assistance (s.16).

See FOIA 2000
Search and decide whether the information is held

Search reasonably and record what you searched. If you do not hold it, say so.

See FOIA 2000
Consider cost and vexatious grounds with evidence

Refuse on cost only with a reasonable estimate above the appropriate limit (s.12), and offer help to narrow the request. Refuse as vexatious only on evidence about the request (s.14).

See FOIA 2000
Apply exemptions by their tests

For each exemption, apply its test: absolute or qualified, class or prejudice. For qualified exemptions, weigh the public interest and record the reasoning.

See FOIA 2000
Respond, or extend for the public interest

Disclose, or issue a refusal notice stating the exemption, why it applies and the public interest reasoning (s.17). If you need time for the public interest test, say so within 20 working days with an estimate (s.10(3)).

See FOIA 2000

Criminal offence Altering, defacing, blocking, erasing, destroying or concealing a record to prevent its disclosure after a request is an offence under FOIA s.77.
Offer and carry out internal review

Offer a review in the response. Complete it within 20 working days, and in no case more than 40 (s.45 code).

See FOIA 2000
Tell the requester about escalation

After review, they can complain to the Information Commission (s.50) and either party can appeal a decision notice to the First-tier Tribunal (s.57).

See FOIA 2000

Checklists and tools for this procedure

Which access regime applies?

Decision tool

Route an information request to the right law and regulator: subject access, FOIA, EIR, FOISA or the Scottish EIR.