Responding to requests

You must respond within 20 working days, providing the information or setting out why, according to FOI law, it can't be provided. If the information is environmental timescales can be extended by another 20 working days, but only in rare cases where requested information is both "voluminous and complex".

FOI law applies only to recorded information that the authority holds. Authorities are not required to create new information to respond to requests.

For example, by email, letter or audio file. If the requested information is environmental, the EIRs allow requests to also be made over the phone or in person.

They only have to ask for information and provide a name and contact details for a response. They don't have to mention FOI or the EIRs, or say why they want the information.

Authorities can only refuse requests if the law allows them to: for example, if an FOI exemption or an EIR exception applies. If an exemption or exception applies to only some of the requested information, the remaining information must be disclosed.

Where an FOI exemption or EIR exception applies, in most cases authorities must also consider the public interest in disclosure. If it is in the public interest to do so, the information should be released.

If it would cost an authority more than £600 to respond to an FOI request it can refuse to respond. Regulations set out what can and can't be charged for. Under the EIRs, there's no upper cost limit, but requests can be refused if they're 'manifestly unreasonable'. In both cases, authorities must remember their duty to advise and assist.

While many authorities choose not to do so, In some cases FOI law allows organisations to charge a fee for disclosing information. The amount authorities can charge differs under the FOI Act and the EIRs.

If a requester is unhappy with the outcome of a request for any reason they have the right to ask an authority to review its response. The authority will have a further 20 working days to reconsider the request. If, after the review, the requester is still unhappy, they can appeal to the Commissioner.

If, following an appeal, the Commissioner finds that an authority has wrongly withheld information, the authority may be ordered to disclose it. The Commissioner's decisions are legally binding, although an appeal on a point of law may be made to the Court of Session.

FOI law makes it a criminal offence to alter or conceal information to prevent disclosure in response to a request.

• Disclosure of the information
  Giving the requester all the information they asked for is by far the most common - and easiest - way to respond to requests.
• A notice that information is not held
  If you don't hold the information, you must give the requester a notice under the FOI Act or the EIRs saying this is the case.
• A notice that information is being withheld
  You can withhold information if it falls within scope of an FOI exemption or EIR exception and the public interest (where it applies) is in favour of withholding the information. You must tell the requester why the exemption or exception applies.
• A combined response
  Sometimes you will disclose some information and withhold other information, or tell the requester other information is not held. In cases like this, you should disclose what you can, and give appropriate reasons for not providing the other information.

• A refusal because of excessive cost
  If disclosing the information under the FOI Act would cost more than £600, or if the request is for environmental information and is 'manifestly unreasonable' you can refuse the request. You must tell the requester why you are not going to answer and give reasonable advice and assistance to help them narrow their request.
• A request for clarification
  If a request is too unclear to respond to, you can ask for clarification. The twenty working day 'clock' won't start until you receive a clear request. Remember though, that any clarification request must be reasonable.
• A fees notice
  If you decide to charge a fee under the FOI Act or the EIRs you must issue a fees notice. This must set out the fee to be paid, explain how you calculated it and offer any advice and assistance on how the requester might narrow their request to avoid the fee. If the fee is paid you must provide the information.
• A 'vexatious or repeated' refusal
  You can refuse requests under the FOI Act that are vexatious or repeated and requests under the EIRs that are 'manifestly unreasonable'. You must be able to evidence the reasons for your decision to the Commissioner if there is an appeal.
• A 'neither confirm nor deny' notice
  In rare circumstances you can refuse to confirm whether information is even held. This can be done under section 18 of the FOI Act or regulations 10(8) and 11(6) of the EIRs

If a requester is unhappy with an FOI or EIR response, they can ask the authority to review its handling of the request.

A request for review must:

• refer to the original request,
• say why the requester was unhappy with the response, and
• include the requester's name and address (email or postal)

The requester doesn't have to specifically ask for a review - if they explain why they're unhappy with the response this will be enough.

As with initial requests, reviews must be responded to promptly, and within 20 working days.

A review enables an authority to take a fresh look at the request, and provides a chance to correct any errors. It's good practice for a review to be carried out by someone who was not involved in the initial response, to ensure that it is fair and impartial.

The outcome of a review can either:

• confirm the original decision,
• replace the original decision with a different one, or
• reach a decision for the first time (e.g. for reviews about a failure to respond within 20 working days).

A review response must also contain details of the requester's right of appeal.