Freedom of Information (FOI)

The Freedom of Information Act gives anybody the right to access information held by public authorities including Central Government. This means that members of the public have a right to access information held by the Home Office.

An overview of the Act can be found below. Full details of the FOI Act are detailed on the Department of Constitutional Affairs (DCA) website at http://www.foi.gov.uk/.

FOI Implementation

The Act was implemented in two parts. The first stage required central government departments (including the Home Office) to make information available through their Publication Schemes from 30 November 2002.

The aim of the Publication Scheme is to explain what information the Home Office makes available to the public and, where possible, provide an easy method of accessing this information.

The second stage of FOI implementation began in January 2005. From this date, everybody became entitled to ask a public authority in England, Wales and Northern Ireland for any recorded information that they keep.

The Home Office and its Agencies are committed, under the Freedom of Information Act to:

• promote informed policy making and debate;

• provide timely and accessible information to explain the Department's policies, actions and decisions; and

• respond to reasonable requests for information.
  Any request to the Home Office for information will be handled in accordance with the provisions of the Freedom of Information Act.

Accessing Information

There are two ways of accessing information – by making a specific request in writing or by checking whether a document is already available through the Home Office Publication Scheme.

The scheme lists the information routinely made available and whether you need to pay for it. Check the scheme to see if the information you want has already been published, as this could save you both time and money.

If the information is not included in the publication scheme, you can make a separate request after January 2005 when the General Right of Access comes into force.

Written Request

Requests for information must be made in writing, which can include email. When requesting information please make sure you state your name and address.

If you know which part of the office might deal with the information you require, please contact them direct (see our list of department contact details further down this page). If not, please contact general enquiries:

Timescale

The Home Office aims to respond to written requests for information within 20 working days. We will also endeavor to provide advice to people who have made, or who are thinking of making, a request. This will help applicants understand their rights under the Act and identify the information they want.

Some of the exemptions outlined in the Limits on Disclosure section will require the Home Office to consider whether it is in the public interest to withhold information. In some instances consideration of the public interest may take longer than the 20 days. In these cases we will provide an estimate of when we will have reached a decision within 20 days of receiving the request.

Requests for personal data

The Data Protection Act 1998 governs the processing of personal data (information relating to living individuals). This legislation makes it possible for you to request access to personal data that the Home Office may hold about you. A request for disclosure of such information is called a Subject Access Request.

Should you wish to know more about your rights under the Data Protection Act 1998 you should consult the Office of the Information Commissioner's website.

Limits of Disclosure

The Home Office will disclose information wherever possible. However, in certain limited circumstances, it will be necessary to preserve confidentiality where it is not in the public interest to disclose. These are set out in Part II of the FOI Act (http://www.foi.gov.uk).

In any case where information is refused, the Home Office will specify which exemption is being claimed and why. All requests for information will be carefully considered on their own merits and with close regard to the public interest.
The FOI Act provides 23 exemptions from the general rights of access.

For example, certain information relating to national security, information that would prejudice international relations, commercially sensitive information and confidential information. Personal data about other people cannot be released if to do so would breach the Data Protection Act.

If the information requested is already reasonably accessed through the Home Office publication scheme we will simply direct the applicant to its area of the scheme.

Complaints

Anyone not satisfied with the response to their request may seek an independent review by writing to:

You must clearly state when and to whom the original request was made.

The Home Office target for a substantive response to a complaint is 30 working days unless particularly complex, those more complicated cases may take longer. Complainants will be kept informed if any delays appear likely.

Anyone who remains unsatisfied with the outcome of a review may apply to the Information Commissioner who enforces and oversees the Freedom of Information Act.

Fees

Details of the latest Central Government charging regulations are outlined on the Department for Constitutional Affairs website.

If the Home Office charges a fee we will inform the applicant in writing.

The 20 days target for responding to FOI requests will be put on hold until the fee is paid. If the fee is not paid within three months it is assumed the applicant no longer wants the information.

Contact Points for FOI

Back to top