Step 1: Request an internal review
The first step is to ask the same public authority for an internal review of its decision.
What is an internal review? An internal review is a fresh look at the FOI decision by someone who was not involved in the original handling of the request, ideally a more senior officer. It is good practice under the Section 45 Code of Practice and is used by most public authorities.
How to request one
- Write to the authority (email is fine) and clearly state that you are requesting an internal review.
- Explain why you are dissatisfied (for example, which exemption you disagree with or why you think more information is held).
- Include the reference number of your original FOI request.
Timescales
- Authorities should normally complete an internal review within 20 working days.
- In exceptional cases, this may extend to 40 working days.
Possible outcomes
- The original decision is upheld.
- The decision is overturned in part or in full and additional information is released.
- The decision is modified (for example, different exemptions applied).
Step 2: Complain to the Information Commissioner’s Office (ICO)
If you remain unhappy after the internal review, you can complain to the Information Commissioner’s Office (ICO).
What the ICO does The ICO is the independent regulator responsible for enforcing the Freedom of Information Act. It investigates complaints where a requester believes an authority has not handled an FOI request correctly.
Before complaining
- In most cases, the ICO expects you to have completed the internal review process first.
- The ICO may resolve issues informally or issue a decision notice requiring the authority to take specific action.
How to complain
- Submit your complaint using the ICO’s complaints process, including copies of the original request, the response, and the internal review outcome.
Step 3: Appeal to the First-tier Tribunal (Information Rights)
If you disagree with the ICO’s decision notice, you can appeal to the First-tier Tribunal (General Regulatory Chamber).
What you can appeal
- A decision notice issued by the ICO relating to an FOI or Environmental Information Regulations (EIR) request.
Time limit
- You must normally appeal within 28 days of the ICO sending its decision notice.
- If you miss the deadline, you may ask the tribunal to accept a late appeal, explaining why.
How the tribunal works
- The tribunal is independent of government.
- It will consider arguments from both sides and may review the disputed information before reaching a decision.