Ƶ

Alex Denne
Growth @ Ƶ | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Writing and Sending a Freedom of Information Request (UK)

23 Mar 2023
36 min
Text Link

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

The right to access information held by public bodies is an invaluable tool for citizens, organisations, journalists and lawyers alike. In the UK, this right has been enshrined in law - a move which aims to ensure transparency and accountability in government. At Ƶ, our team believes it is essential that people have the ability to make use of this right and take advantage of Freedom of Information requests.

FOI requests can be used to uncover important facts about government decisions or policies which can then be used and shared with the public in order to inform debate or challenge existing policies - an invaluable service in any democracy. As such, these requests should also be used responsibly; respect must be given to individuals and organisations whose privacy could potentially be violated by FOI inquiries as well as allowing public bodies the chance to respond before information is made available publicly.

At Ƶ we are committed to providing free legal templates for FOI request documents from our vast open source library which comprises millions of datapoints teaching our AI what a market-standard document looks like. This means anyone can easily draft all manner of FOI documents without having to pay for costly legal advice from a professional lawyer - all you need is access to our template library today!
Our step-by-step guidance will help you find the perfect document for your needs so you can make an informed decision about where your request should go, who it should involve and what information should be requested - no matter how complex or simple your inquiry may be!
So why not join us now at Ƶ and take advantage of everything we have on offer? With just a few clicks you’ll have access to high quality legal documents that are easy to customize without breaking the bank - read on below for more information!

Definitions (feel free to skip)

Freedom of Information Act 2000 (FOIA): A law in the UK which provides citizens with the legal right to access information held by public authorities.

Environmental Information Regulations 2004 (EIR): Regulations in the UK which outline the rights of individuals to access environmental information held by public authorities.

Data Protection Act 2018 (DPA): A law in the UK which sets out rules for how personal data is collected, stored, used, and shared.

Public Authority: An organisation or body, such as a local council or a government department, which is funded by the public and has a legal obligation to provide certain services.

Statutory Period: The period of time specified by law in which a public authority has to respond to a request for information.

Exemptions: Certain circumstances in which public authorities are not legally obliged to provide information requested.

Complaints Process: The steps and procedures for making a complaint about a public authority’s decision to refuse a request for information.

Contents

  • Establishing the legal basis of a Freedom of Information Request in the UK
  • Researching the relevant legislation
  • Identifying the relevant public authority to make the request to
  • Researching the applicable public authority
  • Drafting the request in an appropriate form
  • Identifying the information needed
  • Writing the request in clear, succinct language
  • Submitting the request
  • Sending the request via email or post
  • Ensuring the request is sent to the correct address
  • Waiting for a response and tracking progress
  • Waiting for a response within the statutory period
  • Contacting the public authority to check on progress
  • Understanding the response received
  • Reading the response thoroughly
  • Seeking clarification if necessary
  • Making a complaint if the request is refused
  • Researching the complaints process
  • Drafting a complaint outlining the reasons for refusal
  • Submitting the complaint to the relevant body
  • Seeking legal advice if necessary
  • Researching legal advice services
  • Contacting the service for advice
  • Understanding the legal advice received
  • Recording the process
  • Keeping copies of all documents
  • Documenting the timeline of the request
  • Reporting on the outcome of the request
  • Writing a report on the outcome
  • Sharing the report with relevant parties

Get started

Establishing the legal basis of a Freedom of Information Request in the UK

  • Understand the legal basis of making a Freedom of Information Request in the UK by researching the Freedom of Information Act 2000
  • Familiarize yourself with the purpose, scope, and exceptions of the legislation
  • Check the Information Commissioner’s Office (ICO) website for guidance and advice on how to make a Freedom of Information request
  • Make sure that you are making a request for information which is covered by the Freedom of Information Act 2000
  • When you are confident that the information you are seeking is covered by the Act, you can check this step off your list and move on to the next step.

Researching the relevant legislation

  • Look up the Freedom of Information Act 2000 and familiarise yourself with the relevant legislation
  • Read up on relevant court cases to understand how the legislation has been interpreted in the past
  • Read up on relevant guidance from the Information Commissioner’s Office on how to make a request
  • Check if the public authority you’re making a request to has its own guidelines
  • When you are familiar with the relevant legislation and have checked the guidelines, you can move on to the next step.

Identifying the relevant public authority to make the request to

  • Determine which public authority holds the information you are looking for by researching the applicable legislation, any related guidance, and using search engines.
  • Check to see if the public authority has a publication scheme that could provide the information you are looking for without a formal request.
  • Make sure to include contact details, such as an address and/or email address, for the public authority you have identified.
  • When you have identified the public authority, you can check this step off your list and move on to researching the applicable public authority.

Researching the applicable public authority

  • Research the public authority you identified in the previous step, to find out what information they keep, how they respond to requests, and the process they use
  • Check the website of the public authority, and look for any FOI policies or notes they have
  • Look at the Information Commissioner’s Office’s website for more information about the public authority
  • Check the public authority’s Freedom of Information (FOI) contacts to make sure you have the correct contact details
  • When you have finished your research, you will have a better understanding of the public authority’s processes and information, and you can proceed to drafting your request.

Drafting the request in an appropriate form

  • Identify the correct form to use for the request; this should be either a standard form as issued by the public authority or an email/letter template
  • Use the form or template to compose a clear and concise request, stating the information you wish to access
  • Include your name and contact details
  • Submit the request to the relevant public authority
  • Make a note of the date of submission
  • When you have sent the request, you can move on to the next step.

Identifying the information needed

  • Understand what information you need to request and why
  • Decide on the specific details and format you need the information in
  • Make a list of all the questions you would like to ask and any additional information that may help clarify the request
  • Review your list and make sure it’s clear and concise
  • Check off this step when you have a complete list of the information needed for your request

Writing the request in clear, succinct language

  • Draft a clear, succinct request in writing, using language that is easy to understand
  • Make sure to include your name, contact details and any relevant reference numbers
  • Clearly state the information you are requesting, including any specific dates or timeframes
  • Check your draft request to make sure it covers all the information you need
  • When you are happy with the request, you have completed this step and can move on to submitting the request.

Submitting the request

  • Choose the best way to send the request, either via email or post
  • If sending via email, make sure to use the correct email address and include your contact details
  • If sending via post, make sure to check that the address is correct, include a return address and include your contact details
  • Keep a copy of your request and any proof of delivery
  • Once your request is sent, you can check this off your list and move on to the next step, which is following up on your request.

Sending the request via email or post

  • Compose your email or letter, including the information outlined in the previous step.
  • Attach any supporting documents or evidence to the email or letter, if necessary.
  • Check the email or letter for accuracy.
  • Send the email or letter to the relevant organisation.
  • Check the delivery confirmation for emails, if available.
  • Keep a copy of the request for your records.

How you’ll know when you can check this off your list and move on to the next step:

  • Once the email or letter has been sent, you can move on to ensuring the request is sent to the correct address.

Ensuring the request is sent to the correct address

  • Identify the public authority responsible for the information you are requesting.
  • Use the UK Government’s Freedom of Information website to find the correct address to send your request.
  • Double-check that you are sending the request to the correct address.
  • Once you are sure you have the correct address, you can check this off your list and move on to the next step.

Waiting for a response and tracking progress

  • Monitor the email inbox to which the request was sent for correspondence from the relevant public authority
  • Track the progress of the request on the public authority’s website or contact the public authority directly to check the progress
  • Check whether the public authority has sent an acknowledgement of the request
  • Consider making a complaint if the response is not received within the statutory period
  • Once the response has been received, the next step is to assess the response and decide whether any further action is required

Waiting for a response within the statutory period

  • Most public authorities are required to respond within 20 working days, unless they need to extend the statutory period.
  • Check the acknowledgement letter you received when you sent the request to see how long they have to respond.
  • You can contact the public authority to ask for a progress update on the request.
  • If you don’t receive a response within the statutory period, you can contact the public authority or the Information Commissioner’s Office (ICO) to follow up.
  • Once you have received a response to your request, you can check this step off your list and move on to the next step.

Contacting the public authority to check on progress

  • Contact the public authority if you have not received a response to your Freedom of Information request within the statutory period.
  • You can do this in writing, by email or phone.
  • Make sure you have your FOI request reference number ready when you contact them.
  • Ask the public authority what progress they have made on your request, and how long they expect it to take to process.
  • Make a note of the response you receive.
  • You can check this step off your list when you have contacted the public authority and have their response.

Understanding the response received

• Read the response to your Freedom of Information request thoroughly and carefully.
• Familiarize yourself with the information provided, and make sure that you understand it.
• If anything is unclear, contact the public authority to clarify.
• Check if all the information you asked for is included in the response.
• Make sure that the response does not contain any personal information about other individuals.
• When you have finished reading the response and understand it, you can check this step off your list and move on to the next step.

Reading the response thoroughly

  • Carefully read through the response to ensure you understand all the information provided
  • Make sure to read any attachments or documents that were sent, if applicable
  • Pay attention to all relevant details, such as fees or timescales
  • Look out for any exemptions or reasons why the information cannot be released
  • Make a note of any questions and queries you may have about the response
  • When you have finished reading the response, you can move on to the next step: seeking clarification if necessary.

Seeking clarification if necessary

  • Contact the public body if you do not understand their response or if you need to clarify a point
  • Provide an explanation of the point that needs clarification and the reason why you need it
  • Ask the public body to respond within a certain timeframe, if necessary
  • Wait for the public body to respond to your query
  • Once you have received the response that clarifies the point, you can move on to the next step: Making a complaint if the request is refused

Making a complaint if the request is refused

• Check the legislation that covers your request: you should normally be able to make a complaint to the Information Commissioner if the organisation has not complied with the law.
• Draft a complaint letter, outlining the details of the request, the response you have received and why you are unhappy with it.
• Check the website of the Information Commissioner’s Office (ICO) to find out the correct address to send your complaint.
• Send the complaint letter to the ICO.
• Keep a copy of your complaint letter for reference.

You’ll know you can move on to the next step when you have sent the complaint letter to the ICO.

Researching the complaints process

  • Research the complaints process for the public authority you wish to make a Freedom of Information (FOI) request to
  • Find out what information is available online, such as a complaints procedure or contact details
  • If you cannot find the information online, contact the organisation directly to ask for details of the complaints process
  • Note down all the details you need to complete the next step, such as contact details and deadline information
  • Once you have all the information needed, you can move on to the next step of drafting your complaint outlining the reasons for refusal.

Drafting a complaint outlining the reasons for refusal

  • Identify why the request was refused, e.g. the request was too broad, too costly, or the information was exempt
  • Draft a formal complaint letter, outlining the reasons you believe the request should not have been refused
  • Include details of the original request, including when it was made and to whom
  • Include the reference number for the request
  • Include an explanation of why the response was unsatisfactory
  • Describe the outcome you are seeking
  • Sign and date the complaint
  • Check that you have included all the necessary information
  • Once you are satisfied with the complaint, you can move on to the next step.

Submitting the complaint to the relevant body

  • Gather information about the body responsible for the public authority or service you are making the request to.
  • Compile the complaint letter and supporting documents into a neat package.
  • Address the package to the relevant body.
  • Send the package by registered post or recorded delivery to ensure proof of delivery.
  • You can also consider sending the package by email or fax if you are comfortable with this method.
  • Keep a copy of the complaint and supporting documents.
  • You will know you have completed this step when you have sent the package to the relevant body and have evidence of delivery.

Seeking legal advice if necessary

  • Contact a solicitor or Citizens Advice to find out whether you need legal advice before making a Freedom of Information (FOI) request.
  • Consider whether the information you are seeking is likely to be held by the public authority, whether your request is reasonable and whether the information is exempt from FOI.
  • If legal advice is necessary, use the Law Society website to find an appropriate solicitor.
  • Once you have sought legal advice, you can check this step off your list and move on to the next step.

Researching legal advice services

  • Look for legal advice services in your area that have experience in Freedom of Information requests
  • Check to see if there is a charge for the service and what the time limit is for their services
  • Contact the service to discuss your FOI request and determine whether they can help
  • Make sure to get a written agreement that outlines the scope of the services they will provide and the cost
  • Once you have agreed on the scope of services and the cost, you can check this step off your list and move on to the next step of contacting the service for advice.

Contacting the service for advice

  • Call the relevant service and explain that you are interested in submitting a Freedom of Information (FOI) request
  • Ask for a copy of the organization’s FOI policy, the contact information of the FOI Officer and the process for submitting an FOI request
  • Ask any questions you have about the process and the organization’s procedures
  • Take notes during the conversation and/or request a copy of the information they provide
  • When you have the necessary information, you can check this step off your list and move on to understanding the legal advice received.

Understanding the legal advice received

  • Read through and understand the legal advice sent to you by the service
  • Make sure to note any advice or procedures you must follow when making your request
  • Check for any requests you can make for more information or advice from the service
  • Take note of any steps the service has suggested you take before sending your request
  • Once you understand the advice you’ve received, you can proceed to the next step, recording the process.

Recording the process

  • Take notes of any advice received and record any actions taken while writing and sending the request
  • Keep track of the date and time of any interactions, including when the request was sent and the date and time of any responses
  • Make a copy of the request you sent, as well as any other documents you may have received
  • When all of these are completed, you can move on to the next step of keeping copies of all documents.

Keeping copies of all documents

  • Make a copy of your FOI request and keep it in a safe place.
  • Make a copy of any documents you receive in response to your request and keep them in a safe place.
  • Store any emails you send and receive in relation to your request in a special folder.
  • How you’ll know when you can check this off your list and move on to the next step: When you have copies of all documents related to your request, you can move on to documenting the timeline of the request.

Documenting the timeline of the request

  • Make a note of the date you send your request - this will be the start of the timeline for your request
  • Make a note of the date the public body should respond to you by. This is usually 20 working days from the day after you sent the request
  • Follow up your request with the body if you do not receive a response by the date they should have responded by, and make a note of this
  • Make a note of any other communication you receive from the public body, such as if they need more time to respond
  • You’ll know when you can check this step off your list and move on to the next step when you have noted all communication from the public body.

Reporting on the outcome of the request

  • Prepare a comprehensive report on the outcome of the request, including any documents or data provided by the public authority, and any other relevant information.
  • Make sure to include the timeline of the request, the steps taken to respond to it, and the public authority’s final response.
  • Check the report for accuracy and accuracy before submitting it.
  • Submit the report to the appropriate parties, such as the requester, the public authority, and any other relevant stakeholders.
  • Once the report has been successfully submitted, this step can be considered complete.

Writing a report on the outcome

  • Write a comprehensive report of the outcome of the Freedom of Information Request.
  • Include a summary of the outcome and the findings from the request.
  • Include any relevant documents or evidence that was provided in the response.
  • If the request was refused, explain why and include any information about the right of appeal.
  • Check for any errors or omissions in the report, and make sure all the facts are correct.
  • When you are satisfied with the report, save it in an appropriate format.
  • You will know when you can check this step off your list when the report has been completed and saved.

Sharing the report with relevant parties

  • Identify the relevant parties, who should receive a copy of the report
  • Gather contact information for these parties
  • Draft a short email summarizing the Freedom of Information request, its outcome and attach a copy of the report
  • Send the email to the relevant parties
  • Check that the emails have been sent, and that the attachments have been received
  • When all emails have been sent and attachments have been received, you can check this off your list and move on to the next step

FAQ:

Q: Is it necessary to fill out a Freedom of Information Request (UK) form in order to obtain public records?

Asked by John on February 8th 2022.
A: No, it is not necessary to fill out a Freedom of Information Request (UK) form in order to obtain public records. There are other ways to access public records depending on the type of information you are looking for and the jurisdiction in which you are requesting the records. For example, some UK public records are available online or through direct contact with the relevant government agency. However, submitting a Freedom of Information Request (UK) form is generally the most efficient and reliable way to obtain public records in the UK.

Q: Are there additional fees involved when submitting a Freedom of Information Request (UK)?

Asked by Sarah on April 23rd 2022.
A: Yes, there may be some additional fees involved when submitting a Freedom of Information Request (UK). The fee structure for Freedom of Information Requests (UK) is established by the UK government and is subject to change at any time. Generally, there will be a fee for any request that requires more than three hours of staff time to process, as well as any requests involving photocopying or postage costs. Additionally, if you wish to receive a copy of your request in an alternative format, such as Braille or audio recording, there may also be additional fees associated with this.

Q: Does submitting a Freedom of Information Request (UK) guarantee that I will receive the requested public records?

Asked by David on June 1st 2022.
A: No, submitting a Freedom of Information Request (UK) does not guarantee that you will receive the requested public records. While all requests must be addressed within 20 working days of receipt, some records may not be available for release due to legal restrictions or other valid reasons. Additionally, if the cost associated with providing access to the requested records exceeds £450, then the request will be rejected and no further action taken.

Q: How long does it take for a Freedom of Information Request (UK) to be processed?

Asked by Emily on August 11th 2022.
A: Generally speaking, all Freedom of Information Requests (UK) must be processed within 20 working days from receipt of the request. This timeframe may be extended in cases where the request is particularly complex or requires consultation with third parties; however, any extension must be notified to you within 20 working days and must not exceed 40 working days in total.

Q: Can I submit an appeal if my Freedom of Information Request (UK) is refused?

Asked by Matthew on November 5th 2022.
A: Yes, if your Freedom of Information Request (UK) is refused then you can submit an appeal to the relevant government department or agency responsible for handling your request. The appeal should include detailed reasons why you believe your request should have been granted and should provide evidence to support your case. If your appeal is unsuccessful then you can also make a complaint to the UK Information Commissioner’s Office who will investigate your case further and determine whether any further action needs to be taken against the department or agency responsible for handling your request.

Q: How do I ensure that my Freedom of Information Request (UK) is legally binding?

Asked by Jessica on December 18th 2022.
A: To ensure that your Freedom of Information Request (UK) is legally binding it must meet certain criteria as outlined in The Freedom Of Information Act 2000 and The Environmental Information Regulations 2004. This includes ensuring that you provide sufficient detail regarding what information you are requesting and any deadlines you wish to impose upon the requester for providing this information. Additionally, it is important that you keep all copies of correspondence relating to your request as this may become necessary evidence should legal action become necessary later on down the line.

Q: Is my personal information protected when submitting a Freedom Of Information Request (UK)?

Asked by Michael on January 2nd 2022.
A: Yes, your personal information is protected when submitting a Freedom Of Information Request (UK). All data collected through these requests must adhere to the Data Protection Act 2018 which states that all personal data must be collected and processed responsibly and securely in order for it not to fall into unauthorized hands or used inappropriately in any way. Additionally all data collected must also adhere to GDPR guidelines which are designed to protect individuals from having their data misused or exploited in any way whatsoever.

Q: Do I need permission from another party if I am requesting information about them when submitting a Freedom Of Information Request (UK)?

Asked by James on March 8th 2022.
A: Generally speaking no permission from another party is required when submitting a Freedom Of Information Request (UK). However, if you are requesting information about another individual or company then it is advised that you contact them directly first and gain their consent before proceeding with your request as this could potentially lead to legal ramifications if they decide not to consent or feel their rights have been infringed upon in any way whatsoever. Additionally, some government departments may require written permission from another party before they will release any information relating to them so it’s always best practice to check before proceeding with any requests involving other individuals or companies.

Example dispute

Suing a Government Agency for Unlawful Denial of Information Request:

  • The plaintiff may raise a lawsuit if they believe that a government agency has unlawfully denied their freedom of information request.
  • The plaintiff must cite the relevant laws or regulations that cover the Freedom of Information Act and cite the specific actions of the agency that violated the law.
  • The plaintiff may be able to reach a settlement with the agency, or the court may order the agency to release the requested information.
  • If the plaintiff is successful in the suit, they may be able to receive damages for any losses caused by the unlawful denial, such as legal fees and other costs associated with the suit.

Templates available (free to use)

Freedom Of Information Request Acknowledgement Letter
Freedom Of Information Request Payment Receipt Confirmation Letter
Freedom Of Information Request Response Letter Confirming Absolute Exemption
Freedom Of Information Request Response Letter Confirming Another Source
Freedom Of Information Request Response Letter Confirming Cost Limit Is Exceded
Freedom Of Information Request Response Letter Confirming Extension Due To Public Interest Test
Freedom Of Information Request Response Letter Confirming Future Publication
Freedom Of Information Request Response Letter Confirming Partial Witholding
Freedom Of Information Request Response Letter Confirming Qualified Exemption
Freedom Of Information Request Response Letter Confirming Witholding Of Personal Data
Freedom Of Information Request Response Letter Providing Everything
Freedom Of Information Request Response Letter Stating Case Closed As No Payment Recieived
Freedom Of Information Request Response Letter Stating Information Is Not Held
Freedom Of Information Request Response Letter Where Clarification Is Needed
Freedom Of Information Request Response Not Confirming Or Denying
Letter Confirming Transfer Of Freedom Of Information Request
Request For Disbursement Letter Responding To Freedom Of Information Request
Request For Fee Payment Letter Responding To Freedom Of Information Request
Seek Third Party Disclosure Approval For Relevant Freedom Of Information Request

Interested in joining our team? Explore career opportunities with us and be a part of the future of Legal AI.

Related Posts

Show all