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FOI Follow-Up and Appeal After a Rejected Request

Freedom of information requests are denied, delayed, or inadequately answered far more often than they should be. In the UK, the Freedom of Information Act 2000 gives you the right to request information from public authorities, with a mandatory response within 20 working days. In the US, FOIA provides access to federal agency records, with state-level equivalents varying widely. In Germany, the Informationsfreiheitsgesetz (IFG) grants access to federal government information. In France, the Commission d'acces aux documents administratifs (CADA) mediates access disputes. In Poland, the ustawa o dostepie do informacji publicznej guarantees access to public information. When a request is denied, you have the right to an internal review and further appeal to an independent commissioner or tribunal. Success rates at appeal stage are significant, as many initial refusals are based on incorrectly applied exemptions. DocuGov.ai helps you generate a professional follow-up or appeal letter.

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Understanding your situation

Your freedom of information request was denied, partially fulfilled, excessively delayed, or inadequately answered. Common scenarios: - Request denied citing an exemption: The authority refused your request citing a specific exemption (national security, personal data, commercial interests, legal privilege, policy formulation). Your appeal should argue that the exemption does not apply or that the public interest in disclosure outweighs the exemption. - Excessive delay beyond statutory deadline: The authority has not responded within the required timeframe (20 working days in the UK, 20 business days under US FOIA, 1 month in Germany). Your follow-up should note the overdue response and set a final deadline. - Neither confirm nor deny (NCND) response: The authority issued a neither confirm nor deny response, which may be inappropriate for your request. Challenge whether NCND is genuinely necessary. - Information provided is incomplete: The authority released some information but withheld significant portions without adequate explanation. - Excessive fees or cost estimate: The authority quoted excessive fees or estimated costs to dissuade you from pursuing the request. - Vexatious or repeated request refusal: The authority refused your request as vexatious or repeated, which you dispute. - Wrong authority: The authority claims it does not hold the information. Your appeal should ask where the information is held or challenge this claim. - Personal data exemption overused: The authority refused disclosure citing personal data protection when the information could be provided with names redacted.

What you need to prepare

  • ✓Original FOI request (with date of submission and reference number)
  • ✓Refusal or response letter from the authority (with exemptions cited)
  • ✓Evidence that the exemption does not apply or public interest favors disclosure
  • ✓Timeline showing deadlines and response delays
  • ✓Correspondence with the authority about the request
  • ✓Examples of similar information that has been previously disclosed
  • ✓Legal analysis of the cited exemption and its applicability
  • ✓Evidence of public interest in the information

⏰ Deadline

UK: Internal review request within 40 working days of refusal (no statutory deadline but ICO recommends this). ICO complaint at any time after internal review. Germany: Widerspruch within 1 month, Klage within 1 month of Widerspruchsbescheid. US: FOIA administrative appeal within 90 days. France: CADA within 2 months. Poland: Complaint to administrative court within 30 days.

🏛️ Authority

Information Commissioner's Office (ICO, UK), Office of Government Information Services (OGIS, US), Bundesbeauftragter für Datenschutz und Informationsfreiheit (DE), CADA (FR), court (PL)

⚖️ Legal basis

UK: Freedom of Information Act 2000, Environmental Information Regulations 2004. US: Freedom of Information Act (5 USC 552). Germany: Informationsfreiheitsgesetz (IFG). France: Code des relations entre le public et l'administration. Poland: ustawa o dostępie do informacji publicznej. EU: Regulation 1049/2001.

Expert tips

  1. 1Always request an internal review first. This is usually a prerequisite before you can escalate to the Information Commissioner or court.
  2. 2In your appeal, address each cited exemption specifically. Explain why it does not apply or why the public interest in disclosure outweighs the interest in withholding.
  3. 3If the response is overdue, send a formal follow-up noting the statutory deadline has passed and setting a final deadline of 7-14 days before escalation.
  4. 4Check whether the information has been disclosed previously (to journalists, in reports, or in response to other FOI requests). Previous disclosure undermines exemption claims.
  5. 5Narrow your request if the authority claims it is too broad. A more focused request is harder to refuse and may avoid cost limit issues.
  6. 6Use the ICO decision notice database (UK) or similar resources to find precedents where the same exemption was overturned for similar information.
  7. 7If personal data exemptions are cited, suggest redaction of names and personal details rather than complete withholding.
  8. 8The ICO (UK) has the power to order disclosure and can issue enforcement notices. Most authorities comply once the ICO is involved.
  9. 9For environmental information, use the Environmental Information Regulations (EIR) which have a stronger presumption of disclosure than FOI.
  10. 10Keep copies of all correspondence and note all deadlines. A well-documented timeline strengthens your appeal significantly.

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