If a public authority fails to respond to a FOI request, what is the next step for the requester?

When a public authority does not respond to a Freedom of Information (FOI) request, the appropriate next step for the requester is to complain to the Information Commissioner's Office (ICO). The ICO is the independent authority set up to uphold information rights in the UK, including the enforcement of the FOI Act. If the public authority fails to comply with the requirement to respond within the statutory time frame, the requester can escalate the issue to the ICO, which can investigate the complaint and can compel the authority to respond.

This process allows the ICO to address concerns regarding transparency and accountability in public authorities, ensuring that they adhere to their legal obligations under the FOI legislation. The ICO has the authority to provide guidance and, if confirmed that the authority has breached the Act, they can take further action, which may include requiring compliance or revising their policies regarding information disclosure.

In contrast, complaining to the local council may not address the underlying issue of non-compliance with the FOI request specifically. Seeking legal action immediately is an extreme step and may not be justified or practical without first going through the established complaint mechanism through the ICO. Requesting a review of the decision might be appropriate in some contexts but is not typically the first step when a public authority