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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
Statutory deadline for responding to an FOI request (s.10 FOIA 2000).
Extension for public interest test on qualified exemptions — must be notified within the original 20 days (s.10(3)).
Deadline for completing an internal review (ICO guidance; up to 40 for complex cases).
Maximum time to complete an internal review before you can go straight to the ICO.
Time to appeal an ICO Decision Notice to the First-tier Tribunal (Information Rights).
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
- FOIA 2000 s.10 — time for compliance with request (legislation.gov.uk)
- FOIA 2000 s.1(3) — clarification requests (legislation.gov.uk)
- ICO: Time for compliance guidance (ico.org.uk)
- ICO: Public interest test guidance (ico.org.uk)
- ICO: Dealing with vexatious requests — s.14 guidance (ico.org.uk)
- WhatDoTheyKnow.com — track public requests and deadlines