A Strategic Toolkit for Freedom of Information (FOI)

1. What is a Freedom of Information (FOI) Request?

A Freedom of Information (FOI) request is your legal right to access recorded information held by public authorities. This right is granted under the Freedom of Information Act 2000 (FOIA). It is a fundamental tool for transparency and accountability.

Information you can request includes:

• Policies, procedures, and internal guidance.

• Minutes and agendas from meetings (e.g., board meetings, committees).

• Financial reports, spending records, and expense claims.

• Statistics and data sets.

• Email correspondence relating to official business.

Crucial Distinction: FOI requests are for institutional information. To access data held about you personally (e.g., your HR file, emails written about you), you must use a Subject Access Request (SAR)under UK GDPR.

2. Why Make an FOI Request? A Strategic View

• To uncover evidence: Obtain the official record of decision-making processes, which can be used in a grievance, regulatory complaint, or legal action.

• To expose hypocrisy: Identify inconsistencies between an organisation's public statements and its internal policies or actions.

• To create leverage: Asking for information about a specific issue signals to an authority that their conduct is under scrutiny.

• To promote transparency: Use FOI to hold publicly funded bodies accountable for their spending and governance.

3. Who Can You Send an FOI To?

Any public authority covered by the FOIA, including:

• Universities

• NHS bodies and trusts

• Local and central government departments

• The Police

• Publicly funded research bodies

4. How to Make an Effective FOI Request (Step-by-Step)

Step 1: Identify the Correct Body and Contact

Check the authority’s website for a dedicated FOI page, which will have the correct email address or online form. Using the official contact ensures your request is logged correctly and the 20-day clock starts.

Step 2: Write a Clear and Focused Request

Your request must be in writing (email is best). Be precise. A vague request can be rejected. Use the template below for a robust and legally sound request.

Step 3: Understand the Cost Limit

Authorities are not obliged to comply with a request if the cost of locating and retrieving the information exceeds the legal limit (£450 for most public bodies, which equates to 18 hours of staff time at £25/hour).

• To avoid this: Keep your request focused. Use precise date ranges and ask for specific documents rather than "everything about X." Always include the Section 16 wording from the template below.

5. Taking Action with a Ready-to-Use Template

Once you have identified the information you need, the next step is to make a formal request in writing. Using a structured template ensures your request is clear, legally robust, and includes the necessary clauses to hold the public authority to account.

• Get the Template: [Our Ready-to-Use FOI Request Template] will guide you on how to frame your request effectively.

6. Understanding and Challenging Refusals

An authority must respond within 20 working days. If they refuse, they must state which legal exemption they are applying.

Common Exemptions and How to Challenge Them:

• Section 40 – Personal Data: They will use this to refuse information about identifiable living individuals.

  • Your Strategy: This is often a legitimate refusal. If the personal data you need is your own, use a Subject Access Request (SAR) instead.

• Section 43 – Commercial Interests: Used if disclosing information would harm the authority's commercial interests.

  • Your Strategy: Argue that the public interest in transparency outweighs the potential harm to commercial interests. This is particularly strong for publicly funded projects.

• Section 36 – Prejudice to the Effective Conduct of Public Affairs: A broad exemption used to protect internal deliberations.

  • Your Strategy: This exemption requires the "reasonable opinion" of a senior figure (a "qualified person"). In your internal review, ask for evidence that this process was followed correctly. Argue that the public interest in understanding how a decision was made is paramount.

• Section 21 – Information Already Reasonably Accessible: They will use this if the information is already public, for example, on their website.

  • Your Strategy: If you cannot find it, reply stating that the information is not reasonably accessible and ask for a direct link or copy.

7. The Escalation Path: If They Refuse or Ignore You

1. Request an Internal Review: You have 40 working days to ask for an internal review. This is a formal request for the authority to reconsider its decision. State clearly why you believe the initial decision was incorrect and why any exemptions were wrongly applied.

2. Escalate to the ICO: If you are still unsatisfied after the internal review, you can complain to the Information Commissioner’s Office (ICO). The ICO is the UK's independent regulator for information rights and can order the authority to release the information.

8. FOI and SAR: Using Them Together for the Full Picture

FOI and SAR are two different tools that can be used together strategically.

By using both, you get the official process (FOI) and the private discussions about you (SAR).

9. Practical Tips for Success

• Use Precise Timeframes: "between 1st January and 1st March 2025" is better than "last year."

• Ask for Specific Documents: "the minutes of the finance committee" is better than "everything about the budget."

• Use WhatDoTheyKnow.com: For requests that you are happy to be public, this platform automates the process and creates a public record of the authority's response, which can encourage compliance.

• Always Include the Section 16 Wording: The duty to advise and assist is your legal right. Make sure you state it in your request.

10. Final Note

Information is power. An FOI request is a formal, legal way to claim that power. Use this toolkit to hold public bodies to account and bring hidden facts into the light.