Question to the Department for Science, Innovation & Technology:

To ask the Secretary of State for Science, Innovation and Technology, whether the Information Commissioner has issued guidance on the amount of time that a Freedom of Information request applicant should wait following a decision notice before (a) seeking an internal review from a public authority and (b) making an appeal to the Information Commissioner.

Whilst DSIT sponsors the Information Commissioner’s Office (ICO), government policy for Freedom of Information (FOI) sits with the Cabinet Office. The ICO has not issued specific guidance for applicants on how long to wait after a decision notice before seeking an internal review or making an appeal. Under the FOI Act, internal reviews are not statutory, and authorities set their own timelines. The Code of Practice on FOI issued by the Cabinet Office states that it is usual practice for public authorities to accept a request for an internal review within 40 working days. The ICO advises applicants to complain to the ICO within three months of the final response or last substantive contact with the public authority, or risk ineligibility.