FOI Due Date Calculator UK Guide

Quick answer

An FOI due date calculator works out the 20th working day after an FOI request is received, excluding weekends and UK bank holidays, with day one being the first working day after receipt. This is the date by which the public authority must respond under section 10(1) of the Freedom of Information Act 2000. The deadline can be extended for public interest considerations or paused for clarification requests and fees notices.

How an FOI due date calculator works

A reliable FOI due date calculator applies the following rules automatically:

1. Identifies the receipt date you enter.
2. Finds day one: the first working day after receipt (skipping weekends and bank holidays).
3. Counts 19 more working days from day one, excluding weekends and all listed UK bank holidays for the relevant year.
4. Returns the 20th working day as the FOI response deadline.

Worked example: FOI due date from Friday receipt

When the 20 working day clock starts

The ICO is specific: the day after receipt is day one. But "receipt" is defined as the day the request arrives at the public authority, not the day someone reads it. If a request arrives outside normal office hours, on a weekend, or on a bank holiday, it is treated as received on the next working day - and day one is the working day after that.

Examples:

• Email arrives Tuesday 10:00 am -> day one is Wednesday.
• Email arrives Friday 18:00 -> treated as received Monday; day one is Tuesday.
• Letter delivered Saturday -> treated as received Monday; day one is Tuesday.
• Email arrives Thursday before Good Friday -> day one is Tuesday after Easter Monday.

When the FOI deadline can be extended

There are three main scenarios where the 20 working day deadline is not the final date:

• Public interest extension (section 10(3)): If a qualified exemption applies and the authority needs more time to balance the public interest, it may extend the deadline. The ICO expects extensions to be no longer than an additional 20 working days, and the authority must notify the requester before the original deadline expires. Our FOI deadline calculator includes an option to add a public interest extension.
• Clarification pause (section 1(3)): If the authority asks the requester to clarify what information they want, the clock stops until the clarification is received. The clock resumes from where it stopped, not from zero.
• Fees notice (section 9): If the authority issues a fees notice, the clock pauses until the fee is paid or the request is withdrawn.

FOI vs EIR: different deadlines

Requests for environmental information fall under the Environmental Information Regulations 2004, not the FOI Act. While both have a 20 working day default, EIR allows an extension to 40 working days for complex or voluminous requests (regulation 7(1)). If you are unsure which regime applies, use the FOI calculator for the initial 20 working day date and check with the authority whether EIR applies.

What to do if you miss the FOI deadline

If a public authority misses the FOI deadline, the requester can request an internal review and then complain to the ICO. The ICO can issue a decision notice compelling a response. For FOI officers managing multiple requests, a deadline calculator combined with a tracker spreadsheet is essential for staying on top of due dates and avoiding ICO complaints. Use the FOI deadline calculator to generate dates for every new request and log them in a shared tracker.

FOI calculator vs manual counting

Counting 20 working days by hand is error-prone. Bank holidays shift from year to year, and the early May, Spring, and Summer bank holidays can catch people out. The Christmas period is particularly tricky: if a request arrives in mid-December, the 20th working day often falls well into January once Christmas Day, Boxing Day, and New Year's Day substitute holidays are excluded. A calculator that uses the correct year's bank holiday list eliminates these errors. Our FOI deadline calculator lists every excluded date so you can see exactly which days were skipped.

Scottish FOI deadlines

Scotland has its own freedom of information legislation: the Freedom of Information (Scotland) Act 2002. While the default deadline is also 20 working days, Scottish public authorities follow separate guidance from the Scottish Information Commissioner. Scottish bank holidays may differ from those in England and Wales. If you are dealing with a Scottish public authority, check the Scottish Information Commissioner's website for specific guidance.

Step-by-step: using the FOI due date calculator

1. Go to the FOI deadline calculator.
2. Enter the date the request was received by the public authority.
3. Select whether to include a public interest extension (if applicable).
4. Review the calculated due date and the breakdown showing which days were counted and which were excluded.
5. Share the result URL if you need to show the calculation to a colleague or requester.
6. Add the due date to your calendar with a reminder several working days before the deadline.

Key takeaways

• An FOI due date calculator gives you the 20th working day after receipt, skipping weekends and UK bank holidays.
• Day one is the first working day after receipt - not the receipt date itself.
• The deadline can be extended for public interest (usually up to 20 more working days) or paused for clarification/fees.
• EIR requests have a separate regime with a possible 40 working day extension for complexity.
• Always notify the requester before the original deadline if you need more time.

References

• FOI Act 2000, section 10 (legislation.gov.uk)
• ICO - Time for compliance
• EIR 2004, regulation 7 (legislation.gov.uk)