Freedom of information requests

The Freedom of Information Act 2000 (‘the FOI Act’) gives everyone the right to request recorded information from UK public authorities. This right applies to UK citizens, people who are not UK citizens, people living in the UK and people living abroad, journalists, political parties, lobby groups and commercial organisations. The act covers public authorities in England, Wales and Northern Ireland, while Scotland has its own legislation.

Making a request

Requests must be in writing (including email) and include the requester’s name and contact details. There is no special format required, though some government departments provide FOI sections on their websites with contact forms. The Information Commissioner’s Office (ICO) provides a template for making requests, which includes specifying the information requested and preferred format for receiving it.

Public authorities

“Public authorities” (bodies that are subject to the FOI Act) include central government departments, local government, police and NHS bodies. They are either named specifically in Schedule 1 of the act or described in general terms.

Time limits

Public authorities must comply with requests within 20 working days of receipt. Extensions are possible in certain circumstances, such as when clarification is needed or when considering the “public interest test”.

Refusal of requests

Public authorities can refuse FOI requests for three reasons:

1. The cost of complying would exceed the “appropriate limits” (£600 for central government and £450 for other authorities).
2. The request is vexatious or repeated.
3. The information is subject to exemptions.

Exemptions

Exemptions to the FOI Act fall into two categories – “absolute” exemptions and “qualified” exemptions.

If requested information falls under an absolute exemption, then public authorities do not need to release the information requested. If the information falls under a qualified exemption, then public authorities must apply the “public interest test” to decide whether to release it or not.

The public interest test requires public authorities to balance the public interest in disclosure against the public interest in withholding information when applying certain qualified exemptions. This test acknowledges that while some information might fall under an exemption, there may be a greater public benefit in releasing it. Authorities must consider factors such as transparency, accountability, public debate, and good decision-making when determining whether the public interest in maintaining an exemption outweighs the public interest in disclosure.

Absolute exemptions (not subject to the public interest test):

• Information that is already accessible
• Information related to security and national security
• Court records
• Parliamentary privilege
• Personal information
• Information bound by confidentiality
• Information prohibited from disclosure

Qualified exemptions (subject to the public interest test):

• Information for future publication
• Research information
• Information related to defence, international relations and the economy
• Information about investigations and law enforcement
• Audit functions
• Government policy development
• Communications with the Royal Family
• Information endangering health and safety
• Environmental information
• Legal professional privilege
• Trade secrets and commercial interests

Complaints Process

If someone is unhappy with an FOI response, they can apply for an internal review. If still dissatisfied, they can appeal to the ICO, which can overrule a public authority’s application of an exemption. Further information on when and how to make a complaint is on the ICO website.

MPs and Parliament

MPs are not public authorities under the FOI Act and are not obliged to respond to FOI requests. However, information about MPs held by public authorities might be disclosed unless covered by an exemption. Both Houses of Parliament are designated as public authorities and so are obliged to respond to FOI requests, though certain information related to MPs (such as residential addresses) is specifically excluded.

The royal family

The royal family and the royal household are not covered by the FOI Act because they are not considered public authorities. Correspondence with royal family members held by public authorities can be requested but is subject to exemptions. Correspondence with the monarch, the heir to the throne, and the second in line to the throne is absolutely exempt, meaning all FOI requests for this information can be refused. Correspondence with other royal family members is covered by a qualified exemption, requiring public authorities to consider the public interest in disclosure.

Information related to the conferring of honours by the crown, such as peerages, knighthoods, military medals, and civilian awards like OBEs, is exempt from FOI requests. This qualified exemption requires public authorities to weigh the public interest in disclosing the information. The exemption covers all information related to the honours process, including nominee lists, decision rationales, and related policies and procedures.

Environmental Information Regulations

The Environmental Information Regulations 2004 (EIR) is similar to the FOI Act but applies to environmental information. The EIR apply to a wider range of bodies than the FOI Act, including private entities performing public functions, such as water companies. The EIR cover information about environmental elements and factors affecting the environment, with exemptions subject to a public interest test. The ICO oversees compliance, handling complaints and appeals related to the EIR.

Scotland

The FOI Act covers UK-wide public authorities based in Scotland. The Freedom of Information (Scotland) Act 2002 governs FOI in Scotland, covering Scottish public authorities. It is similar to the UK FOI Act, but the Scottish Act includes all Scottish public bodies and some organisations providing public services.

The Scottish FOI Act has fewer absolute exemptions and a stricter public interest test. Requests to any public authority under the Scottish Act can be refused if costs exceed £600, and responses must be given within 20 working days. The Scottish Information Commissioner regulates the Scottish FOI Act.