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Freedom of Information (FOI)


About requests for information made under the Act
Anyone can request access to recorded information held by a local authority after 1st January 2005, regardless of age, nationality or location.
Any information held by a public authority is eligible for release. However, a number of exemptions may be applied to protect information properly kept confidential.

What happens when I make a request?
When a public authority receives a request for information, they must respond as soon as possible, and not later than 20 working days after receiving your request.The public authority will consider your request, and reply. The reply should confirm or deny whether or not they hold the information, and either provide the information you requested, or explain why it has not been provided, quoting an exemption under the Act.

How many requests can I make?
The Act does not specifically limit the number of requests you can make. However Section 14 of the Act states that a public authority can reserve the right to refuse any vexatious or repeated requests. This may include repeated requests from the same person for the same information, or requests which are intended to disrupt the authority's work.

How can I use the information I receive?
The Freedom of Information Act does not place restrictions on how the information supplied under it may be used. However, the Act does provide for exemptions for commercially sensitive information, information intended for future publication or information related to investigations, law enforcement and court records. The Act does not transfer copyright in any information supplied under it.

What does it cost?
If you are requesting information contained in an authority's publication scheme, the scheme will also give details of whether (and how much) the authority will charge for providing the information. If the information you request is covered by the Environmental Information Regulations then a charge may be applicable. If so this will be set out in a Schedule of Charges which will appear on this site soon. Environmental information may appear in the publications scheme.

If you are requesting information not contained within the publication scheme, the authority may charge you a fee, as laid down in fees regulations.

These Regulations provide that requests for which "prescribed" costs will amount to less than £450 (£600 for requests to central government) will be free of charge, although public authorities may charge for the cost of photocopying and postage etc.(known as "Disbursements" in the Regulations). Lancashire County Council has decided that where disbursements amount to less than £50 the charge will be waived. Prescribed costs are staff time taken to collate information charged at a nationally specified rate of £25 per hour.

If your request is going to incur more than £450 in prescribed costs, the public authority can refuse to answer your request, answer it for free, or charge up to and including the full cost of answering.

If you refuse to pay a properly chargeable fee, the public authority can refuse to supply the information.

What happens if my request is refused?
A request for information may only be refused by a public authority if it falls under one of the exemptions. If your request is refused, the reply from the public authority must identify which exemption it is applying, and give you details of how to apply for an internal review of their decision to refuse.If, after an internal review, the public authority still refuses your request, you may ask the Information Commissioner to review that decision.

Exemptions under Freedom of Information

The number preceded by an "s" refers to the section of the Freedom of Information Act which sets out the exemption in full detail

  • s21 information easily accessible by other means
  • s22 intended for future publication & reasonable to withhold till then
  • s23 security matters
  • s24 national security
  • s26 defence
  • s27 international relations
  • s28 relations within UK
  • s29 the economy
  • s30 investigations etc by Public Authorities
  • s31 law enforcement
  • s32 court records
  • s33 audit functions
  • s34 Parliamentary privilege
  • s35 formulation of Government Policy
  • s36 prejudicial to effective conduct of public affairs
  • s37 communications with Her Majesty the Queen, information about honours
  • s38 endangering health & safety of any individual
  • s39 environmental information
  • s40 personal information
  • s41 provided in confidence
  • s42 legal professional privilege
  • s43 commercial interests
  • s44 disclosure prohibited