Freedom of Information (FOI) complaints
The Information Commissioner’s Office has launched a series of “Bitesize tools” to help FOI practitioners stay ahead of challenges. These include resources to aid practitioners using four of the exemptions. These include:
Public authorities can refuse a request where it’s estimated the cost of complying would exceed a set limit ((s12) of the Freedom of Information Act (FOIA)).
An exemption in the FOIA (s22) relates to information intended for future publication and this tool helps those considering when and how to use it. The ICO says that their research shows “authorities can struggle to know how to use s22 correctly – last year we upheld 60% of complaints closed with a decision notice in cases involving it”. Also available is their full guidance, and decision notices.
S.30 and 31 exemptions relate to information about investigations and law enforcement, but which to use? These tables will help practitioners decide and apply the correct exemption.
This relates to s41 exemptions, for information provided to a public authority in confidence. The ICO says that “simply labelling information ‘confidential’ is not enough to engage this exemption. You must show that information was provided to you in confidence, that disclosing it would make you breach that confidence, and there is no public interest defence available if you do so”.
The ICO have also published checklists to help FOI practitioners working in small public authorities.
Posted on 04/03/2025 by Ortolan
