Quangos and FOI: What Is and Is Not Covered

Last reviewed: 13 June 2026Next review due: 13 December 2026

What is a quango in UK law?

The term “quango” — quasi-autonomous non-governmental organisation — has no legal definition. In practice it is used loosely to describe bodies that exercise public functions but are not government departments. UK law uses more precise categories, each with different implications for FOI coverage.

Non-Departmental Public Bodies (NDPBs)

Bodies that have a role in the governance process but operate at arm's length from ministers. They include executive NDPBs (with their own budget and staff), advisory NDPBs (committees that advise ministers), and tribunal NDPBs.

Executive agencies

Semi-autonomous arms of government departments, operating under a framework agreement with the parent department. Examples include the Driver and Vehicle Licensing Agency (DVLA) and His Majesty's Passport Office.

Public corporations

Bodies owned by the state but operating on commercial lines. The BBC is the most prominent example. Some are listed in Schedule 1 of FOIA; others are not.

Advisory bodies

Committees, councils, and panels that advise ministers or departments. Many are subject to FOI if listed in Schedule 1. Others, if purely advisory with no executive function, may not be separately listed.

FOIA 2000 Schedule 1 is the definitive list of “public authorities” subject to the Act. It is divided into Parts: government departments (Part I), the Houses of Parliament (Part II), the armed forces (Part III), local government (Part IV), NHS bodies (Part V), maintained schools and further/higher education (Part VI, along with some broadcasters), and police forces (Part VII). Any body not listed in Schedule 1 is not subject to FOIA unless designated under s.5.

NDPBs fully covered by FOIA

The majority of executive NDPBs are listed in Schedule 1 and are subject to FOIA without restriction. When a body is listed without qualification, it must comply with all duties under the Act: confirming or denying whether it holds information, disclosing that information unless an exemption applies, and responding within 20 working days.

Well-known examples of fully covered NDPBs include:

Environment Agency — responsible for flood risk management, water quality, and environmental regulation in England.
Ofsted (Office for Standards in Education, Children's Services and Skills) — inspection and regulation of education and children's services.
Care Quality Commission (CQC) — regulation of health and social care providers in England.
Ofcom (Office of Communications) — regulation of broadcasting, telecoms, postal services, and online safety.
Financial Conduct Authority (FCA) — regulation of financial services firms and markets.
Equality and Human Rights Commission (EHRC) — promotion and enforcement of equality and human rights law.
Natural England — advisory and regulatory body for the natural environment.
Health and Safety Executive (HSE) — regulation and enforcement of workplace health and safety.

For FOI purposes, these bodies must be treated exactly as government departments. They are required to publish a Publication Scheme under s.19 FOIA, respond to requests within 20 working days, and apply exemptions only where they genuinely arise. See our guide to FOI exemptions for how to challenge refusals from any covered body.

Bodies with partial or no FOI coverage

Several prominent public-facing bodies are either excluded from FOI entirely or subject to it only within defined limits. Understanding these carve-outs is essential before filing a request.

BBCPartial coverage

The BBC is listed in Schedule 1 Part VI, but subject to FOIA only in respect of information held for purposes other than those of journalism, art, or literature. The BBC routinely declines requests on the basis that the information is held for journalistic purposes. Requests about purely administrative matters — governance, property, HR processes — are more likely to succeed.

Channel 4Partial coverage

Like the BBC, Channel 4 is listed in Schedule 1 Part VI with the same journalism, art, and literature carve-out. Requests about its editorial decisions, commissioning choices, or programme content are typically declined on this basis.

Bank of EnglandPartial exclusion

The Bank of England is listed in Schedule 1, but with an explicit exclusion for information held for the purposes of its functions with respect to monetary policy, financial operations intended to support financial institutions for the purposes of maintaining stability, and the provision of private banking services. In practice, this covers the core of what journalists most frequently want to know about the Bank. Administrative and governance information may still be accessible.

Royal MintNo coverage

The Royal Mint is a government-owned company (Royal Mint Ltd) but is not listed in Schedule 1 of FOIA. It is not subject to the Act. Information about the Royal Mint must be sought through HM Treasury, which owns it and may hold some governance and contract information.

How to check whether a body is covered

Before filing a request, confirm the body's status using these primary sources:

1Schedule 1 of FOIA 2000: The definitive list of public authorities subject to the Act. Check legislation.gov.uk for the current, amended version — the Schedule is updated by statutory instrument as bodies are added or removed.
2ICO public authority guidance: The Information Commissioner's Office publishes guidance on which bodies are subject to FOI. The ICO can also provide informal advice if you are unsure about a specific body.
3Cabinet Office public bodies reports: The Cabinet Office publishes an annual list of all public bodies, including NDPBs, executive agencies, and non-ministerial departments. This is useful for understanding the landscape but does not determine FOI coverage — only Schedule 1 does.
4The body's own Publication Scheme: All public authorities subject to FOIA are required to maintain and publish a Publication Scheme. If a body has a Publication Scheme approved by the ICO, it is subject to the Act.

Executive agencies and government departments

Executive agencies are not separately listed in Schedule 1. They are subject to FOI as part of their parent government department. The DVLA is an executive agency of the Department for Transport; His Majesty's Passport Office is an executive agency of the Home Office. An FOI request to the parent department covers information held by any of its executive agencies.

In practice, you should address your FOI request directly to the relevant agency, which typically handles its own correspondence. However, if you receive a refusal or a dispute arises about whether the parent department holds the information, you can argue that the department — as the Schedule 1 body — is responsible for any information held by its agencies.

Non-ministerial departments — such as HM Revenue & Customs and the Serious Fraud Office — are listed separately in Schedule 1 Part I and are subject to FOIA in full.

Private companies delivering public services

One of the most significant gaps in FOIA coverage is the exclusion of private companies contracted to deliver public services. Outsourced probation services, private prisons, NHS support services, and contracted local authority functions are not directly subject to FOIA, regardless of how much public money they receive.

Section 5 of the FOIA 2000 gives the Secretary of State a power to designate additional bodies as public authorities. This power has not been used to bring private contractors within the scope of the Act. Successive governments have considered but not enacted this extension.

For journalists, the most effective strategies are:

Request through the commissioning public body — the government department, local authority, or NHS trust that awarded the contract will hold the contract itself, tender documents, monitoring reports, and performance data.
Use the Environmental Information Regulations (EIR) — these apply a different and sometimes broader definition of covered bodies, and may catch some contractors in environmental contexts. See our guide to EIR.
Request contract register entries — most public bodies are required to publish their contracts above certain financial thresholds on Contracts Finder or their own contract register.
Request inspection and audit reports — public bodies often commission or receive inspection reports on their contractors and must disclose these under FOIA.
Use company filings — private companies file accounts at Companies House. While not FOI, this can reveal revenue from public sector contracts.

See our guide on using FOI for investigations for more on constructing requests that reach information about contractors through the commissioning body.

Checklist: is this body subject to FOI?

I have checked Schedule 1 of FOIA 2000 on legislation.gov.uk to see whether the body is listed.
If listed, I have checked whether the listing includes any restriction (e.g. journalism, art, and literature carve-out for broadcasters; monetary policy carve-out for the Bank of England).
If the body is an executive agency, I have identified the parent government department that is listed in Schedule 1.
If the body is a private company, I have identified the commissioning public body through which I can make an FOI request.
I have checked whether the body has a Publication Scheme approved by the ICO — this confirms it is subject to FOIA.
If I am unsure, I have checked the ICO's public authority guidance or considered contacting the ICO for informal advice before filing.
I have noted whether the Environmental Information Regulations might apply as an alternative route if FOIA does not cover the body directly.

Not legal advice

This guide is for informational purposes only and does not constitute legal advice. FOI coverage of specific bodies can be complex and may depend on the nature of the information requested. If you are uncertain about whether a body is subject to FOIA, or whether a particular carve-out applies to your request, you should seek independent legal advice or contact the Information Commissioner's Office. The law may have changed since this page was last reviewed — always check the current version of the Freedom of Information Act 2000 on legislation.gov.uk.

Frequently asked questions

Is the BBC subject to the Freedom of Information Act?

Only partially. The BBC is listed in Schedule 1 Part VI of the FOIA 2000, but with a significant restriction: it is only subject to FOI in respect of information held for purposes other than those of journalism, art, or literature. In practice, this means the BBC can — and routinely does — refuse FOI requests by stating that the information is held for journalistic purposes. Editorial decisions, programme budgets, and talent fees are typically treated as outside FOI scope. Requests about administrative functions (HR, property, corporate governance) are more likely to succeed.

Can I send an FOI request to a private company that delivers public services?

Generally, no. Private companies delivering public services under contract — such as outsourced probation providers, care home operators, or NHS support services — are not directly subject to FOIA 2000. Section 5 of the Act gives the Secretary of State a power to designate additional bodies as public authorities, but this power has not been used to designate private contractors. The most effective strategy is to request information through the commissioning public body, which remains subject to FOI and may hold contract performance data, inspection reports, and monitoring information.

What is an NDPB and how is it different from a government department?

A Non-Departmental Public Body (NDPB) is a body that has a role in the governance process but is not a government department and operates at arm's length from ministers. NDPBs include regulatory bodies (Ofcom, FCA), advisory committees, and bodies with executive functions (Environment Agency, Ofsted). Government departments are directly accountable to ministers and Parliament. Both are subject to FOIA 2000: departments as part of the core executive listed in Schedule 1 Part I, and NDPBs as specifically named bodies in other Parts of Schedule 1.

How do I find out whether a particular body is subject to FOI?

The most reliable method is to check Schedule 1 of the Freedom of Information Act 2000 on legislation.gov.uk, which is kept up to date with amendments. The ICO also maintains guidance on public authorities at ico.org.uk. The Cabinet Office publishes an annual Public Bodies report listing all NDPBs. If a body is not listed in Schedule 1, it is not subject to FOIA unless it has been designated under s.5. If you are unsure, you can contact the ICO for informal guidance before filing a request.

What if a body claims it is not a public authority and refuses my FOI request?

If a body refuses your request on the basis that it is not a public authority, you should first verify this against Schedule 1 of the Act. If the body is listed in Schedule 1, the refusal is incorrect and you should request an internal review pointing to the relevant Schedule 1 entry. If the body is not listed, it is not directly subject to FOI, but you may be able to obtain information through a related public authority that is subject to FOI. You can also ask the ICO whether the body should be considered a public authority — the ICO has issued guidance on bodies that fall outside Schedule 1 but are still functionally public in nature.

Primary sources

Freedom of Information Act 2000 — Schedule 1 (public authorities)— legislation.gov.uk
ICO guidance: public authorities and FOI— ico.org.uk
Cabinet Office: public bodies annual reports— gov.uk