FOI 20 Working Days Explained

Quick answer

Under section 10(1) of the Freedom of Information Act 2000, a public authority must respond to an FOI request promptly, and in any event within 20 working days following the date of receipt. The clock starts on the first working day after receipt. Weekends, UK bank holidays, and public authority closure days are excluded from the count. If the 20th working day falls on a weekend or bank holiday, the deadline moves to the next working day.

The 20 working day rule in law

Section 10(1) of the Freedom of Information Act 2000 says a public authority must comply with section 1(1) "promptly and in any event not later than the twentieth working day following the date of receipt." That single sentence contains two separate duties: the authority must act promptly (it should not sit on a simple request until day 20), and it must in every case meet the absolute backstop of 20 working days. Section 1(1) is the general right of access: the duty to confirm or deny whether information is held, and if it is held, to communicate it to the requester.

What counts as a "working day"

Section 10(6) of the Freedom of Information Act 2000 defines a working day as any day other than a Saturday, a Sunday, Christmas Day, Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom. This is an important detail for counting: a UK bank holiday in any part of the UK - for example, a Scottish-only bank holiday - is excluded even if the public authority is in England. Public authorities may also treat days when they are closed (such as office closure days) as non-working days, provided this is reasonable and clearly communicated.

Worked example: counting 20 FOI working days

When the clock starts

The ICO's guidance is clear: day one is the first working day after the request is received. If a request arrives on a Monday, day one is Tuesday. If it arrives on a Friday, day one is the following Monday (or Tuesday if Monday is a bank holiday). If it arrives on a Saturday, Sunday, or bank holiday, the request is treated as received on the next working day, and day one is the working day after that. The date of receipt is the date the request is delivered to the authority in a form it can act on - an email arrives the day it lands in the inbox, but a letter may only count once it reaches the right team.

Extensions and pauses

The 20 working day clock can be extended or paused in specific circumstances:

• Public interest test (section 10(3)): Where a qualified exemption is engaged and the authority needs more time to weigh the public interest, it need not comply until "such time as is reasonable in the circumstances." The ICO expects this to be no more than an extra 20 working days in most cases, and the authority must still issue a refusal notice under section 17 explaining the exemption and the public-interest reasoning.
• Fees notice (section 10(2)): If a fees notice is issued under section 9, the working days between the notice being given and the fee being received are disregarded when counting the 20 working days. The clock effectively pauses until payment.
• Clarification (ICO guidance): If the authority reasonably requires more information to identify and locate the requested information, the ICO's guidance is that the 20 working day clock pauses until it receives that clarification.

FOI vs EIR deadlines

Requests for environmental information are handled under the Environmental Information Regulations 2004 (EIR), not the FOI Act. Regulation 5(2) of the EIR also requires a response as soon as possible and no later than 20 working days after receipt. However, regulation 7 allows the deadline to be extended to 40 working days where the request is complex or voluminous - the authority must inform the requester within the initial 20 working days that it is extending. If your request relates to environmental matters, the authority should process it under EIR rather than the FOI Act.

What happens if the deadline is missed?

If a public authority fails to respond within 20 working days (or within an agreed extension), the requester can complain to the Information Commissioner's Office (ICO). The ICO can issue a decision notice requiring the authority to respond. In persistent or serious cases, the ICO can take enforcement action. The authority also risks reputational damage and, in some cases, legal challenge through the First-tier Tribunal (Information Rights). The first step is usually an internal review - most authorities operate a two-stage review before the ICO will consider a complaint, so ask for one as soon as the deadline passes.

Exemptions that may extend or replace the deadline

Beyond the public interest extension, some exemptions in Part II of the FOI Act affect how long an authority has to respond:

• Section 21 (information accessible by other means): If the information is already publicly available, the authority can refuse the request without the full 20-day consideration period.
• Section 12 (cost exceeds appropriate limit): If locating, retrieving, and extracting the information would exceed the cost limit (£600 for central government, £450 for other public authorities, set by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004), the authority is not obliged to comply. It must still respond within 20 working days, explaining the cost estimate.
• Section 14 (vexatious requests): If a request is vexatious or repeated, the authority can refuse it. The ICO's guidance emphasises that this is a high bar.
• Neither confirm nor deny (NCND): In some cases, the authority may refuse to confirm or deny whether it holds the information, if doing so would itself disclose exempt information.

Practical steps to stay compliant

1. Record the receipt date and time. The clock depends on knowing exactly when the request arrived.
2. Identify day one correctly. Use =WORKDAY(receipt_date, 1, holiday_range) in Excel, or an FOI deadline calculator, to find the first working day after receipt.
3. Count 20 working days. Use an FOI deadline calculator that includes the current year's UK bank holidays.
4. Monitor for pauses. If you issue a clarification request or fees notice, note the date and restart the clock from where it paused.
5. Respond promptly. The Act requires a response "promptly" as well as within 20 working days. Do not wait until day 20 if you can reply sooner.
6. If you need an extension, inform the requester before the original deadline expires. Late notification of a public interest extension can lead to a complaint to the ICO.

Key takeaways

• The FOI Act requires a response within 20 working days, starting the first working day after receipt.
• Weekends, Christmas Day, Good Friday, and UK bank holidays are excluded from the count (section 10(6)).
• The clock can be extended for public interest considerations (section 10(3), usually up to 20 more working days) or paused for fees (section 10(2)) and clarifications.
• EIR requests also have a 20 working day deadline but can be extended to 40 working days for complexity (regulation 7).
• Always communicate with the requester before the original deadline if you need more time.

References

• Freedom of Information Act 2000, section 10 (legislation.gov.uk)
• Freedom of Information Act 2000, section 1 (legislation.gov.uk)
• ICO - Time for compliance under FOI
• Environmental Information Regulations 2004 (legislation.gov.uk)