Skip to main content

FOI Deadlines in the UK: The 20 Working-Day Rule

Under Section 10 of the Freedom of Information Act 2000, public authorities must respond “promptly and in any event within 20 working days.” Here is exactly how that clock works — and what to do when authorities miss it.

Last reviewed: Next review due:

How the 20 working-day rule works

Section 10 of the Freedom of Information Act 2000 requires every public authority to respond to a valid FOI request “promptly and in any event within 20 working days following the date of receipt.” The word “promptly” means that authorities should not wait until day 20 if they can respond earlier — but in practice, the 20-day limit is treated as the operative deadline. The clock runs from the day after the authority receives the request; weekends and bank holidays are excluded.

The response must be substantive: it must either disclose the information, confirm or deny that it is held, or issue a valid refusal notice citing the specific exemption(s) relied upon. Acknowledging receipt is not a response. Sending an auto-reply is not a response. Telling you the request has been passed to another team is not a response. Only disclosure, a valid “does not hold” confirmation, or a legally compliant refusal notice satisfies the obligation.

Key deadlines at a glance

20
working days from receipt

Statutory deadline for responding to an FOI request (s.10 FOIA 2000).

20+
working days extension

Extension for public interest test on qualified exemptions — must be notified within the original 20 days (s.10(3)).

20
working days

Deadline for completing an internal review (ICO guidance; up to 40 for complex cases).

40
working days

Maximum time to complete an internal review before you can go straight to the ICO.

28
calendar days

Time to appeal an ICO Decision Notice to the First-tier Tribunal (Information Rights).

60
working days window

Aggregation period — requests within this window from the same/associated requesters can be aggregated for cost limit purposes (s.12).

When deadline rules matter most

  • 1When you are working to a publication deadline — knowing the exact statutory date helps you plan when to escalate.
  • 2When an authority claims it needs more time — you can assess whether an extension is legitimate or a delay tactic.
  • 3When an authority asks for clarification — you need to know the clock is paused and act promptly to restart it.
  • 4When you receive a partial response — the clock may have stopped for disclosed information but continues for withheld information.
  • 5When filing multiple related requests — knowing the 60-working-day aggregation window helps you space requests strategically.
  • 6When escalating to the ICO — missed deadlines are one of the fastest routes to an ICO intervention, as no internal review is required first.

Red flags — when an authority is playing for time

  • A clarification request that arrives on day 15 or later — genuine clarification requests come early.
  • A vague clarification request that asks you to "narrow" the request without explaining what is expensive about it.
  • A public interest extension notice that does not identify the specific qualified exemption under consideration.
  • A public interest extension that pushes the response beyond 40 working days without good reason.
  • An acknowledgement that says "we are looking into this" every two weeks with no substantive response.
  • A partial response that disclosures some information on day 19 but says the remainder is "still being considered."
  • A request to re-submit the request "in a different format" to restart the clock — this has no legal basis.

Deadline tracking checklist

  • I have noted the exact date the authority received my request (not when I sent it).
  • I have calculated the 20-working-day deadline, excluding weekends and bank holidays.
  • I have set a calendar reminder for day 15 to check whether a response has arrived.
  • If I received a clarification request, I have noted the date it arrived (clock paused) and the date I replied (clock restarted).
  • If I received an extension notice, I have checked that it identifies a specific qualified exemption.
  • If the deadline has passed, I have sent a formal chaser citing the statutory deadline.
  • If no response within three working days of the chaser, I have considered filing an ICO complaint for delay.
  • I am keeping copies of all correspondence with timestamps for a potential ICO complaint file.

Calculate your FOI deadline instantly

Enter your request date and our FOI Deadline Calculator will give you the exact statutory deadline, accounting for weekends and UK bank holidays. It also generates a ready-to-send chaser email for when the deadline passes.

Common mistakes

  • Counting calendar days instead of working days — always exclude weekends and bank holidays.
  • Starting the clock on the day you sent the request, not the day after the authority received it.
  • Accepting a vague extension notice without checking that a specific qualified exemption is cited.
  • Waiting too long to chase — the ICO expects you to have made reasonable attempts to get a response before complaining.
  • Assuming you need an internal review before complaining about delay — you do not; go straight to the ICO for missed deadlines.
  • Missing the aggregation window — sending multiple related requests within 60 working days of each other can allow the authority to treat them as one large request for cost limit purposes.

Related guides

Primary sources

Frequently asked questions

When exactly does the 20-working-day clock start?
The clock starts on the day after the public authority receives your request — not on the day you sent it, and not on the day you made it. If you send an email on a Friday afternoon and the authority receives it on Monday, the clock starts on Tuesday (assuming Monday is a working day). The ICO considers an email received on the day it arrives in the authority's inbox, even outside business hours, unless the authority can show it did not come to their attention until the next business day.
Does the clock pause if the authority asks for clarification?
Yes. Under Section 1(3) of the FOIA 2000, if the authority cannot comply without clarification, it may request it and the clock pauses until you respond. However, the authority must ask for clarification promptly — it cannot wait 15 working days and then ask, effectively resetting the clock unfairly. The ICO expects clarification requests to be made quickly and only where genuinely needed. Respond to clarification requests as fast as you can to restart the clock.
What is the public interest extension and when does it apply?
Section 10(3) of the FOIA 2000 allows an extension of the 20-working-day limit where a qualified exemption is being considered and more time is needed to conduct the public interest test. The authority must tell you within 20 working days that it is extending, which exemption it is considering, and when it expects to respond. The extension must be for a "reasonable" further period — the ICO generally considers up to 40 working days from the original deadline to be reasonable, though no absolute time limit is set in the Act.
Do bank holidays and weekends count towards the 20 working days?
No. The FOIA 2000 defines "working days" as days other than Saturday, Sunday, or a bank holiday in the part of the UK where the authority is based. For English and Welsh authorities, this means the England and Wales bank holiday calendar applies. For Scottish authorities, the Scottish bank holiday calendar applies. In practice, always use the ICO's deadline calculator or our FOI Deadline Calculator tool to be precise — counting business days manually is error-prone.
What should I do if the authority misses the 20-working-day deadline?
First, send a polite but firm chaser by email citing the statutory deadline and your original request date. Give the authority two to three additional working days to respond. If there is still no response, send a formal deadline notice stating that you are treating the non-response as a refusal and will complain to the ICO. Unlike refusals on exemption grounds, you do not need to complete an internal review before complaining to the ICO about a missed deadline — you can go straight to the ICO.
Can an authority aggregate multiple requests to claim the cost limit?
Yes, within limits. Under Section 12 of the FOIA 2000, if an authority receives two or more requests for related information from the same or associated requesters within 60 consecutive working days, it can aggregate the estimated compliance costs. This prevents requesters from breaking one large request into many small ones to evade the cost limit. However, aggregation only applies to requests that are for the same or similar information — genuinely distinct requests cannot be aggregated.

Primary sources

Related guides