Challenging an FOI or EIR refusal

A refusal is not the end of the process. Check the regime, the legal provision, the reasoning and the review route.

Reviewed: September 2026FOI / EIR refusals

Check the legal regime first

FOIA 2000 and EIR 2004 are overseen by the ICO. Scottish public authorities generally use FOISA 2002 and the Scottish EIRs, overseen by the Scottish Information Commissioner. The same label or exemption number cannot simply be carried across between the regimes.

Read the refusal in four parts

What information is being withheld?

Make sure you know whether the refusal covers everything or only part of the request.

What legal provision is relied on?

Look for the exact FOI exemption or EIR exception, not just a broad description.

What facts support it?

Generic wording may not explain why the provision applies to the information in your case.

Was the public interest considered?

Where the provision is qualified, check whether the competing factors were actually weighed.

Challenge the application, not just the result

A stronger review request identifies the specific error: the authority misunderstood the request, searched too narrowly, treated an exemption as absolute, failed to separate disclosable information, or gave inadequate public-interest reasoning.

Timing

Under FOIA 2000, ask for an internal review promptly; ICO guidance generally recommends within 40 working days of the response. EIR 2004 has a statutory reconsideration process. Under FOISA and the Scottish EIRs, a review request normally must be made within 40 working days of the response and the authority has 20 working days to review.

Template

Subject: Request for review of information refusal Dear Information Rights Team, Please review your response to my request dated [date]. I challenge the refusal because [identify the exemption/exception, search, reasoning or procedural issue]. Please reconsider whether the provision is engaged, whether any public-interest test has been applied correctly, and whether non-exempt information can be disclosed. Yours faithfully, [Your name]

Official sources

Reviewed September 2026. Guidance checked against current ICO / Scottish Information Commissioner material and legislation. General information only; verify critical deadlines against the applicable law.