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.

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.

Extensions and pauses

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

• Public interest test (section 10(3)): If the authority needs more time to consider the public interest in applying a qualified exemption, it may extend the deadline by a “reasonable” additional period. The ICO expects this to be no more than an extra 20 working days in most cases.
• Clarification (section 1(3)): If the authority reasonably requires more information to identify and locate the requested information, the 20 working day clock pauses until it receives that clarification.
• Fees notice: If a fees notice is issued under section 9, the clock pauses until the fee is paid.

FOI vs EIR deadlines

Requests for environmental information are handled under the Environmental Information Regulations 2004 (EIR), not the FOI Act. The EIR deadline is also 20 working days but can be extended to 40 working days for complex or voluminous requests (regulation 7). If your request relates to environmental matters, the authority should process it under EIR.

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).

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), 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 and UK bank holidays are excluded from the count.
• The clock can be extended for public interest considerations (usually up to 20 more working days) or paused for clarifications and fees.
• EIR requests also have a 20 working day deadline but can be extended to 40 working days for complexity.
• 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)
• ICO — Time for compliance under FOI
• Environmental Information Regulations 2004 (legislation.gov.uk)