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Freedom of Information Act 2000

Answer

Section 10 of the FoI Act requires public authorities to respond to requests for information promptly, and in any event no later than the 20th working day following receipt of the request. This timescale can be extended if the public authority requires additional time in order to determine whether the balance of the public interest requires disclosure of information that falls within a qualified exemption. The deadline for response is such time as is reasonable in the circumstances. In some circumstances, the requirement to respond "promptly" may oblige a public authority to respond to a request before the end of the 20th working day following receipt. The enforcement process established by the FoI Act applies not only to decisions that are taken on disclosure, but also to compliance with the procedural requirements in the Act. This includes compliance with the time limits for response. If applicant complains about the handling of a request, public authorities' own internal complaints procedures will need to consider whether the request was processed within the time limits prescribed in the FoI Act. The Information Commissioner and the Information Tribunal will also be able to consider the timeliness of responses in determining whether public authorities have acted lawfully and in accordance with their obligations under the Freedom of Information Act 2000. Questions of whether a public authority has responded "promptly" will be dealt with within this enforcement process.

Secondary information

Type

Written question

Reference

728; 673 c36-7WA

Session

2005-06

Subjects

Disclosure of information Administrative delays Freedom of information Public bodies

Legislation

Freedom of Information Act 2000