Challenging Refusals: What to Do When Authorities Won't Release Information

You've made a proper information request, but the authority refuses to release what you asked for. Before accepting their decision, you have formal rights to challenge refusals. Many people successfully overturn initial rejections by appealing properly. This guide explains the process and increases your chances of success.

Understanding the refusal When an authority refuses your request, they must explain why. They'll cite specific exemptions under the Freedom of Information Act or Environmental Information Regulations. Read their response carefully. Sometimes refusals are clearly justified, but often authorities apply exemptions too broadly or misinterpret the law.

Step one: Internal review Most organisations must offer an internal review if you ask within 40 calendar days of their refusal. Write clearly stating you want an internal review and explain why you think their decision was wrong. Internal review teams are often different from the original decision-makers and sometimes reach different conclusions.

Internal reviews take up to 40 working days. Many are faster. During this time, be patient but persistent. Keep copies of all correspondence for your records.

Step two: Information Commissioner's Office appeal If internal review fails or the organisation doesn't respond properly, you can appeal to the Information Commissioner's Office. The ICO is independent and handles complaints free of charge. This is a significant advantage—you don't need to pay for the appeal process.

Making your ICO complaint Use the ICO's online complaint form, providing:

• Your original request and the organisation's response
• Your internal review request and outcome
• Your explanation of why the decision is wrong
• Evidence supporting your position

Be concise but thorough. The ICO reviews hundreds of cases monthly, so clear explanations help them understand your complaint quickly.

What happens next The ICO contacts the organisation and asks them to justify their decision. You'll have opportunity to respond to their arguments. The ICO investigates independently and issues a decision notice explaining whether the organisation acted correctly.

Possible outcomes The ICO might:

• Uphold your complaint and order information release
• Uphold your complaint but find the organisation can't release information for valid reasons
• Dismiss your complaint if the organisation acted correctly
• Find the organisation didn't follow proper procedures, requiring them to reconsider

Improving your chances Successful appeals share common features. Focus on specific exemptions the organisation cited—show how they misapplied the law. Emphasise public interest in disclosure. If the information involves public spending or service quality, highlight why transparency matters. Avoid emotional arguments; stick to legal and factual points.

What if you lose? ICO decisions are usually final, though organisations can request internal review of ICO decisions if new evidence emerges. You can also pursue judicial review in court for very serious cases, though this is expensive and rarely necessary.

Don't be intimidated by the process. Many individuals successfully challenge refusals without legal representation. Persistence and clear arguments often work.