Open Records Laws in United Kingdom

Response Timeline

20 working days from the day after receipt. Working days exclude weekends, Christmas Day, Good Friday, and bank holidays in any part of the UK. Extension of up to 20 additional working days for public interest test on qualified exemptions. Schools: shorter of 20 school days or 60 working days.

Any person worldwide can make an FOI request. No citizenship, residency, nationality, or age requirement. Section 1 grants the right to 'any person making a request for information.'

How to Submit a Request

Accepted Methods

• Email
• Mail
• Fax
• Online form

Request must be in writing (Section 8). Email and electronic transmission qualify as writing. Verbal requests do not qualify under FOIA (but do qualify under the Environmental Information Regulations 2004). Authorities cannot refuse email/post requests in favour of their own online forms.

Required Elements

• Name — The applicant's real name (not pseudonyms, per ICO guidance)
• Address — An address for correspondence (postal or email address)
• Description — A description of the information requested, sufficiently clear for the authority to identify and locate it

Optional Elements

• Act reference — Mentioning the Freedom of Information Act 2000 helps ensure correct routing
• Preferred format — Under Section 11, express preference for format (electronic, paper, summary, inspection)
• Date range — Date ranges or delimiting details to help locate information
• Department — Department or topic reference to help route the request internally

Fees

Most FOI requests cost the requester nothing. There is no filing fee. Below the appropriate limit, authorities can only charge disbursements (and many don't). The cost limit system (GBP 450/600) prevents authorities from being overwhelmed by extremely broad requests.

No formal fee waiver provisions in the Act. Since there is no filing fee and most requests cost nothing, fee waivers are less relevant than in other jurisdictions.

Exemptions

• Information Accessible by Other Means
  Information already reasonably accessible to the applicant
• Information Intended for Future Publication
  Information held with a view to publication at a future date
• Security Bodies
  Information supplied by or relating to MI5, MI6, GCHQ, and other security bodies
• National Security
  Information required for safeguarding national security (where not covered by s.23)
• Defence
  Information whose disclosure would prejudice defence of the British Islands or capability of armed forces
• International Relations
  Information whose disclosure would prejudice UK relations with other states or international organisations
• Relations Within the United Kingdom
  Information whose disclosure would prejudice relations between UK administrations
• The Economy
  Information whose disclosure would prejudice the economic interests of the UK or financial interests of any administration
• Investigations and Proceedings
  Information held for investigations or proceedings conducted by public authorities
• Law Enforcement
  Information whose disclosure would prejudice law enforcement, administration of justice, or regulatory functions
• Court Records
  Documents created by courts, tribunals, or inquiries
• Audit Functions
  Information whose disclosure would prejudice audit functions
• Parliamentary Privilege
  Information whose exemption is required to avoid infringement of parliamentary privilege
• Government Policy Formulation
  Information relating to formulation of government policy, ministerial communications, Law Officers' advice
• Prejudice to Effective Conduct of Public Affairs
  Absolute for House of Commons/Lords; qualified for all other public authorities
• Communications with the Sovereign
  Communications with the Royal Household. Absolute for Sovereign communications; qualified for honours.
• Health and Safety
  Information whose disclosure would endanger physical or mental health or safety
• Environmental Information
  Information that must be handled under the Environmental Information Regulations 2004 instead
• Personal Data
  Personal data of the requester or third parties. Absolute when disclosure would breach data protection principles.
• Information Provided in Confidence
  Information obtained from another person where disclosure would be an actionable breach of confidence
• Legal Professional Privilege
  Information subject to legal professional privilege in legal proceedings
• Commercial Interests
  Trade secrets (absolute) and information whose disclosure would prejudice commercial interests (qualified)
• Prohibitions on Disclosure
  Where another enactment prohibits disclosure, or disclosure would be contempt of court

Absolute exemptions require no public interest test. Qualified exemptions require the authority to weigh whether the public interest in disclosure outweighs the public interest in maintaining the exemption (Section 2). Ministerial veto (Section 53) allows a Cabinet Minister to override ICO decisions, though this is rarely used.

Appeal Process

No fees at any stage (ICO complaint, First-tier Tribunal, Upper Tribunal). Legal representation not required. Each party generally bears its own costs (no-costs principle). Costs can only be awarded against a party that acted unreasonably.

Request Templates

Records Retention

Public Records Act 1958, c. 51 (as amended by Public Records Act 1967)

View retention law →

Retention schedule catalog →

Departments must transfer records to The National Archives by the time they are 20 years old, or seek ministerial approval to retain them. Access is generally opened at 20 years.

Sources & References

• Full text of law →
• Primary source →
• ICO Guide to FOI →
• ICO Charging and Cost Limits →
• Appropriate Limit Fees Regulations 2004 →
• House of Commons Library: FOI Briefing →
• FOI Directory →

Bodies Covered

Which kinds of public body this law applies to, with the statutory basis for each claim.

Coverage notes

• Security bodies excluded The security and intelligence bodies (the Security Service, the Secret Intelligence Service, GCHQ, the special forces and others) are not Sch. 1 public authorities for FOIA, and information supplied by or relating to any s. 23(3) body is exempt. The National Crime Agency is a s. 23(3) body and is not listed in Schedule 1, so it is not an FOIA-responding authority. FOIA 2000, s. 23 (information supplied by, or relating to, bodies dealing with security matters)
• Academy trusts: school functions only The proprietor of an Academy is an FOI body only in respect of information held for the purposes of its functions under Academy arrangements (Sch. 1 Pt. IV para. 52A); information held for other purposes is outside FOIA. A listing limited to certain information limits the scope of coverage (see Sugar v BBC (No 2)). FOIA 2000, Sch. 1 Pt. IV para. 52A (academy proprietors) · Sugar (deceased) v British Broadcasting Corporation (No 2), [2012] UKSC 4
• Some bodies span FOIA and FOISA Where an entity type has both non-Scottish and Scottish members (police forces, universities, fire and rescue), the Scottish members (Police Scotland, Scottish HEIs, the Scottish Fire and Rescue Service) are FOISA bodies; see the Scotland records page. FOISA 2002, Sch. 1 (Scottish public authorities)
• Environmental information is a parallel regime The Environmental Information Regulations 2004 give access to environmental information held by a wider set of public authorities; environmental requests may succeed under the EIR even where FOIA is limited. Environmental Information Regulations 2004 (SI 2004/3391)