Dealing with a request under FOIA 2000
Receiving a request
Valid request:
• In writing
• Name and address
• Adequately describes
information?
Initial management of request
Is the request ‘vexatious’?
No
Is request ‘identical or
substantially similar’ to a recent
request made by the same
individual/ organisation?
No
Does the request relate to
information ‘held’ by you?
Yes
Does the estimated cost of
searching and communicating
information exceed the
‘appropriate limit’?
Yes
Will requests costing above
appropriate limit to be dealt with?
Yes
Deal with request. Go to exemption
flow chart
Write back advising how to make valid
request.
No
Request further information to identify and
No locate requested information.
Yes Issue refusal notice stating request
refused as ‘vexatious’.
Issue refusal notice setting out basis of
Yes refusal (unless already done so for
previous request and unreasonable to do
so again).
No Held by you ‘on behalf of’ another public
authority. Redirect applicant’s request
to originating authority.
Held ‘on behalf of’ another 3rd party?
Consider whether within scope of the
Act; or S41 or S43 exemptions.
No
Deal with request
No Discuss with applicant making request
more manageable or resubmitting part
only so below appropriate limit
Govs / procedures/ FOIA Dealing with a request under FOIA 2000
 Exemptions under FOIA 2000

Identify possible exemptions

Issue refusal notice stating:

Yes • No duty to confirm

or deny;
Is it an ‘absolute’ exemption? Exemption absolute in relation to • Exemption relied
Yes duty to confirm or deny? on;Yes
and
• Why exemption
No applies
No
It is a ‘qualified’ exemption
Issue refusal notice: confirming or denying that
hold requested information; and stating that not
obliged to communicate it as [specify
Yes exemption] applies and stating why exemption
applies.
Does the public authority Does the public interest in
Uncertain
need more time to maintaining the exclusion to
consider ‘public interest’ confirm or deny outweigh the
test? public interest in confirming or
denying that public authority Does the public interest in maintaining the
holds requested information? exclusion to communicate the requested
No information outweigh the public interest in
communicating the requested information? Yes

No
Yes Yes No

Issue refusal notice stating need Issue refusal notice stating: Must confirm that hold Issue refusal notice: confirming
more time to consider decision requested information or denying that holds requested
and give time estimate of when • No duty to confirm or deny; and communicate it information; and stating that not
will reach decision (the notice • No exemption relied on; and obliged to communicate it as
should be sent within the 20 • Why exemption applies [specify exemption] applies and
working day limit) stating why exemption applies

Govs / procedures/ FOIA Dealing with a request under FOIA 2000