10 March 2026
Top Tips for Handling Freedom of Information Requests
By Jess Pembroke, Director of Information Law Services
The ICO has recently published that it has been “Cracking down on FOI failures”[1]. Given that this legislation (The Freedom of Information Act 2000) has been in force for more than two decades, it’s surprising that local authorities struggle to comply, although I expect the combination of staff turnover, lack of qualified/experienced FOI staff, and pressure on authority resources lead to some of these challenges.
Here are our top tips for handling FOIs:
Step 1. Legislation Identification
Determine whether the request falls under:
- the Freedom of Information Act (FOI),
- the Environmental Information Regulations (EIR), or
- UK GDPR / Data Protection Act rights.
It sounds simple, but mis‑categorising a request instantly sends you down the wrong route, it’s important to consider each request carefully and at least be aware of the other regimes. Even the ICO gets the legislation wrong sometimes, with cases making it as far as the Tribunal[2] later being rescoped under different legislation.
Step 2. Recording
Every request should be logged and tracked. Effective recording depends on people across the organisation knowing exactly who to contact, which is why building strong relationships with outward facing teams (like the info@ organisation mailbox) is essential. When those teams know what to look out for, and who to pass requests to, you can avoid tight or missed deadlines. A reliable logging process with regular check ins on progress (and due dates) is an essential tool, even more important if the delivery is shared across a team.
Step 3. Leadership Awareness
This is always a delicate area, because requests should be handled applicant‑blind. That said, some cases if they are sensitive, high‑profile, or potentially complex to may need some senior oversight.
Also, if and when your organisation requires someone to conduct an internal review, a quick heads‑up to leadership can prevent the last‑minute scramble to find the right person.
Step 4. Acknowledgment
A simple acknowledgment sets expectations and reassures the requester that the request is in progress. It also prevents the requestor chasing and provides an opportunity to clarify the scope or request further details early.
Step 5. Exemptions (Saying No)
Knowing the exemptions (or exceptions for EIR), how they work, and when they apply is essential. Exemptions are the legal reasons a public authority can withhold information under the Freedom of Information Act or the Environmental Information Regulations. They’re not ways to avoid transparency, they exist because some information genuinely shouldn’t be disclosed, such as material that could disclose personal data, or harm commercial interests. These are also subject to various tests such as the prejudice test and public interest test.
Step 6. Internal Review (If required)
A small point also often overlooked is that every request response must include the right to internal review and then appeal to the ICO. Under Section 17(7) of the FOIA, when a public authority issues a refusal notice, it must include details of:
- the authority’s complaints procedure (this is the internal review), and
- the right to complain to the Information Commissioner’s Office (ICO).
In cases where the requestor is not happy with the response this review should be completed by someone who wasn’t involved in drafting it.
A strong internal review looks at:
- Whether all relevant information has been identified
- Whether exemptions are correctly applied
- Whether the public interest test is appropriately balanced
- Whether the response is clear, accurate and complete
Want to learn more?
Our training materials provide detailed guidance on exemptions, exceptions, and the public interest test, helping reviewers build confidence and apply the law consistently. Book a place on our next Freedom of Information and Environmental Information Regulations course, being held online on 16 March 2026, 12:30pm-4pm, or contact us on info@naomikorn.com for more information!
[1] Regulator holds public bodies to account by cracking down on FOI failures | ICO