Freedom of Information: a strategic toolkit
FOI is your legal right to access recorded information held by public authorities — a fundamental tool for transparency and accountability.
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:
- Internal emails and communications about a decision.
- Reports, reviews, and investigation findings.
- Meeting minutes and agendas.
- Policies, procedures, and guidance documents.
- Financial information and spending records.
2. Who can you send an FOI request to?
FOI applies to public authorities, not private companies. This includes:
- Government departments and agencies.
- Local councils and combined authorities.
- NHS trusts, GP surgeries, and health bodies.
- Universities, colleges, and maintained schools.
- Regulators such as the ICO, HSE, EHRC, and OfS.
If your employer is a private company, FOI will not apply to them directly — but it will apply to any public body that regulates, funds, or contracts with them. A private company's dealings with a council, NHS trust, or regulator may be visible through that public body's records.
3. How to draft an effective request
A well-drafted request is far harder to refuse or dodge. Keep it professional, precise, and focused on recorded information.
- Be specific: name the documents, meetings, or decisions you are asking about.
- Set a date range: "between 1 January and 31 March 2025" is better than "recently."
- Ask for recorded information only: FOI covers what is written down, not opinions or explanations.
- Stay neutral: hostile or loaded requests invite resistance. A calm, factual tone keeps the focus on the law.
Every request should include this sentence: "Under Section 16 of the Freedom of Information Act 2000, I request your advice and assistance in refining this request if any part of it is unclear or likely to exceed the cost limit." This legally obliges the authority to help you make your request workable rather than simply refusing it.
4. Sending the request
Send your request in writing — email is fine — to the authority's FOI or information governance team (the address is usually on their website). Keep a copy with the date sent. The clock starts the working day after they receive it.
Your FOI request stands on its own legal footing. You do not need to say why you want the information, and mentioning a grievance or tribunal claim gives them no extra rights — but it can make responses more defensive. Keep the request clean and factual.
5. Understanding and challenging refusals
An authority must respond within 20 working days. If they refuse, they must state which legal exemption they are applying.
Personal data
The exemption: 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.
Commercial interests
The exemption: 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.
Prejudice to the effective conduct of public affairs
The exemption: 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.
Information already reasonably accessible
The exemption: 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.
6. 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.
7. 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).
| Use an FOI to get | Use a SAR to get |
|---|---|
| The official meeting minutes about a redundancy policy. | The emails between managers discussing you in relation to that redundancy. |
| The employer's official bullying and harassment policy. | Your HR file and all records of how your bullying complaint was handled. |
8. 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.
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.
Need the personal data too?
Pair your FOI with a Subject Access Request to get the full picture — the official process and the private discussions about you.