If you refuse any part of a request for information there are certain obligations on how to inform the requester. These are provided for in section 17 of the Freedom of Information Act.
Refusing a request under the exemptions
If you refuse any part of a request for information under the exemptions contained in Part II of the Freedom of Information Act, under section 17, you must explain which exemption you are relying on and why it is applicable.
The response to the applicant must:
- state that information is being withheld under an exemption
- specify which exemption or exemptions
- state (if it is not apparent) why the exemption applies
- if it is a qualified exemption, explain the balance of the public interest both against and in favour of disclosure (see about exemptions and the public interest test in the exemptions guidance).
If it is appropriate to neither confirm nor deny whether information is held, you should respond stating so, and cite the relevant exemption(s), explaining why and outlining the public interest considerations if you are relying on a qualified exemption.
There are limited provisions in the Act enabling you not to give these explanations where to do so would itself undermine the exemption in question (section 17(4)). This must be used with great care: it must be fully justifiable in its own right as falling within the terms of an exemption. Public authorities will need to be able to fully defend the decision not to disclose the information should it be challenged by the Information Commissioner.
Refusing a request under section 12 or section 14
If you refuse any part of a request under section 12 (where the cost of complying with the request would exceed the appropriate limit) or section 14 (the request is vexatious or repeated), you must, within the 20-day time limit, give the applicant notice stating that fact. It is good practice to explain the factors that have led you to conclude that section 12 or section 14 apply.
For more information on cost and the appropriate limit, see the guidance on fees and costs.
Further information on vexatious and repeated requests.
The appeal mechanism
Under section 17(7) of the Freedom of Information Act, when refusing to release information on the grounds that exemptions apply or sections 12 or 14 apply, you should outline the internal review procedure provided by your public authority to address requesters' complaints about the handling of freedom of information requests. In addition, you must outline the requester's right to appeal to the Information Commissioner.
Refusing a request because the information is not held
When responding to a request that the information is 'not held', you only need to state that fact.
Standard responses
Standard responses for use in straightforward or routine cases are available in standard responses.
It is important that, when you refuse information, you ensure that the applicant is given the full reasoning behind the refusal. In more complex cases, the precise drafting of such responses may be very sensitive, and will require careful, expert handling.
Good practice guidance on refusal notices has also been produced by the Information Commissioner's Office (see 'Good practice guidance 1: Refusal notices').