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
Version 1
1
14 April 2009
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.
Version 1
2
14 April 2009
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.”
Version 1
3
14 April 2009
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
Version 1
4
14 April 2009
Document Outline