Procedural guidance
What constitutes a freedom of information request?
Any written request for recorded information that is not routine business should be considered a freedom of information request.
Information covered by the Act
All recorded information 'held' by a public authority is within the scope of the Freedom of Information Act. It includes files, letters, emails and photographs and extends to closed files and archived material.
Is this a request under the Act?
Public authorities must decide which information access regime (or regimes) a request should be considered under: the Freedom of Information Act 2000, the Data Protection Act 1998 and/or the Environmental Information Regulations 2004.
Time-limit for responding
Public authorities must respond to requests for information no later than 20 working days following the date on which the request was received. The Act makes a limited number of provisons for extra time to be taken in responding to requests.
Providing advice and assistance
Public authorities are required to provide the requester with advice and assistance while processing their request. This is especially important where a request for information exceeds the appropriate cost limit.
Transferring requests
A public authority may receive requests for information that it does not hold but believes is available from another public authority. In these circumstances, it may be appropriate to transfer the request, informing the requester that this has been done.
Limits on your duty to disclose information
The Act contains 23 exemptions to the right of access. Among other things, these may relate to matters of defence, the economy or the effective conduct of public affairs.
Fees and aggregation
In most cases, information will be provided free of charge. However, the Act provides for public authorities to charge for information in certain circumstances.
Vexatious and repeated requests
The Act includes a provision allowing public authorities to refuse requests for information that are vexatious or repeated.
Consulting with other public authorities or third parties
If a third party has supplied the requeste information or has a close interest in it, it may be appropriate to consult them when processing the request.
Referring to the Clearing House
This toolkit provides information for central government departments about how the Central Clearing House operates. It explains when requests should be referred and how the ensuing process works.
Authority to release
Before releasing information or applying an exemption, you must be satisfied that you have the appropriate authority to make that decision.
How to make the information available
The Freedom of Information Act allows applicants to express a preference about the form in which information is provided. If sections of the document are exempt, these must be removed or 'redacted'.
Refusing to release information
The reasons for withholding information must be explained to the applicant. A public authority must identify the exemption(s) under which the information is being withheld and explain why it applies, unless to do so would reveal exempt information.
What if the applicant is unhappy with the response?
If an applicant is unhappy with a response, they can request an internal review. Following this, the applicant has a further right of appeal to the Information Commissioner and subsequently to the Information Tribunal.
Publication schemes and disclosure logs
All public authorities must adopt and maintain a publication scheme. This lists the classes of information the public authority will proactively publish and how it can be obtained.