This is an HTML version of an attachment to the Freedom of Information request 'Name of arresting officer'.


 
Freedom of Information Act  
 
Making a request for information 
 

 
 
 
 
 
 
 
 
 
The Freedom of Information Act 2000 (FOIA) gives rights of public access to 
information held by public authorities. This guidance is for members of the public 
and explains how you can make a request for information to a public authority.  
 
What can I request? 
 
The FOIA gives you a “right to know”.  
 
You have a legal right to request any recorded information held by a public 
authority, such as a government department, local council or state school.  
 
•  You can ask for any information you think a public authority may hold. 
The right only covers recorded information.  
•  Your request can be in the form of a question, but the authority does 
not have to answer your question if this would mean creating new 
information or giving an opinion or judgement that is not already 
recorded. 
•  You should clearly identify the information you want. 
•  Some information may not be given to you because it is exempt, for 
example because it would unfairly reveal personal details about 
somebody else. 
 
For more information, see our guidance When is information caught by the 
Freedom of Information Act?
 
If the information is environmental, then the authority should respond 
according to the Environmental Information Regulations 2004 (EIR). You don’t 
have to know whether the information you want is covered by the EIR or the 
FOIA. When you make a request, it is for the public authority to decide which 
law they need to follow. We also have separate guidance on Making a request 
for environmental information: a guide for applicants

 
When can I request information? 
 
You can ask for any information you choose, at any time, but you may not 
always succeed in getting it. Before you make a request, it may help to 
consider the following questions. 
 
1. Is the information you want already available, for example, on the 
authority’s website?
 
 
Authorities must make certain information routinely available. You should be 
able to find out what information is available by contacting the authority or by 
looking at its website (this may be under “publication scheme” or “guide to 
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How to make a request for information 
information”). There’s more about this on the Model Publication Scheme page 
of our website. 
 
2. Is the information you want your own personal data?  
 
If your request is for information about yourself, such as your medical records, 
you should make a subject access request under the Data Protection Act 
1998 (DPA). See our guidance on How to access your information. 
 
3. Is it information that would not be suitable for general publication?  
 
The FOIA intends to make information available to the general public. It does 
not take into account who is asking for it or why they want it. You can only 
obtain information that would be given to anybody who asked for it, or would 
be suitable for the general public to see.  
 
Some information, such as records about a deceased relative or documents 
you need for legal purposes, may not always be available under the FOIA. 
You should consider whether you may have a right to see the information you 
want under other legislation. The public authority holding the information you 
want may be able to advise you. 
 
4. Is the authority likely to have the information? 
 
It may save you time if you check with the authority whether it is likely to have 
the information you want. For example, you may not be sure whether the town 
council or the county council provides the service you want information about. 
Public authorities must give reasonable advice and help to anyone asking for 
information, so you should feel free to ask for help in making your request. 
 
What are the legal requirements for a request? 
 
For your request to be dealt with according to the FOIA, you must: 
•  contact the relevant authority directly; 
•  make the request in writing, for example in a letter or an email; 
•  give your real name; and 
•  give an address to which the authority can reply. This can be a postal or 
email address.  
 
Some websites offer a service which allows you to contact public authorities 
and make a request through the site. You can make a request through an 
independent website, as long as the authority can reply to it. 
 
It’s sensible to make requests in a dated letter or email, and keep a copy, so 
you have a reliable record of your request. 
 
The Information Commissioner cannot request information from another 
authority on your behalf. You should address your request directly to the 
authority. There is no need to send us a copy of your request.   
 
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How to make a request for information 
You do not have to: 
•  mention the FOIA, although it may help to do so; 
•  know whether the information is covered by the FOIA or the EIR; or 
•  say why you want the information. 
 
It can be helpful to check whether the authority recommends you send your 
request to a specific person or email address. Some authorities also offer their 
own online request service. 
 
How should I word my request? 
 
Your request should set out clearly the information you want. 
 
•  You have a right to information, however it is recorded. You don’t have 
to specify particular documents.  
•  Be as clear as possible. If the authority isn’t sure what you want, it will 
have to ask you for further explanation. 
•  Try to pinpoint what you really want. Your request may be refused if it 
would be too expensive for the authority to deal with. The authority may 
also charge you for some expenses, such as photocopying. If 
necessary, start by asking for a list of the information available about 
the topic. 
•  Where possible, ask for specific information rather than using open-
ended questions. “What” or “how much” are more likely to get a useful 
response than “why”. 
•  Use straightforward, polite language; avoid basing your request or 
question on assumptions or opinions, or mixing requests with 
complaints or comments. 
•  Say how you would prefer to receive the information. For example, do 
you want the information electronically or as a hard copy? 
 
 
Good examples 
Poor examples 
3 “How much did the council spend 
2 “Please send me information on the 
on refurbishing its offices in the 
refurbishment of the office.” 
financial year 2007/08?” 
3 “Please send me your policies and 
2 “Why does your authority seem to 
internal guidelines on customer 
think it is acceptable to treat its 
services, and a copy of your 
customers with contempt?” 
complaints procedure.” 
 
3 “Please could you tell me what 
2 “Please send me any information 
categories of records you hold 
you have on the Anyshire Regiment.” 
relating to the Anyshire Regiment 
from 1939 to 1945.” 
 
 
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How to make a request for information 
3 “Please send me the minutes of 
2 “Why has the university decided not 
any meetings at which the university 
to offer a course in graphic design 
discussed cancelling the course in 
after the 2008/09 academic year?” 
graphic design, and any reports, 
papers or internal correspondence 
dealing with this issue.”  
 
What happens after I make my request? 
 
The authority must reply to you within 20 working days. It may: 
•  give you the information you’ve asked for; 
•  tell you it doesn’t have the information; 
•  tell you that another authority holds the information; 
•  say that it has the information and offer to provide it on payment of a 
fee (the fee it charges must be in accordance with the regulations, 
outlined in our guidance on Using the fees regulations);  
•  refuse to give you the information, and explain why; or, 
•  say that it needs more time to consider the public interest, and tell you 
when to expect a response. This should not be later than 40 working 
days after the date of your request. It can only extend the time limit in 
certain circumstances, and it must explain why it thinks the information 
may be exempt. 
 
If you are unhappy with how your request has been handled, you should first 
complain to the authority. If after this you are still not satisfied, you can 
complain to the ICO. If you do so, we will need to see copies of all your 
correspondence with the authority. Before making a complaint, read our 
guidance on When and how to complain
 
Requests for environmental information may be handled differently from other 
requests. However, the authority should still respond within 20 working days 
and give reasons if it refuses your request. See our guidance Making a 
request for environmental information: a guide for applicants

 
More information 
 
You can find more guidance and advice on our website. If you need more 
information about this or any other aspect of freedom of information, please 
contact us.  
 
Phone:  08456 30 60 60 
 
01625 54 57 45  
Email:  
please use the online enquiry form on our website 
Website: www.ico.gov.uk
 
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Document Outline