Accredited official statistics

Freedom of Information statistics: July to September 2023 bulletin

Published 20 December 2023

Statistical enquiries: Benjamin Szili

Press enquiries: Wayne Bontoft

(07751400423)

Next publication: 24 April 2024

Download data tables

Download csv dataset

1. Overview

This bulletin presents headline statistics for Freedom of Information (FOI) requests in central government for July to September 2023 (Q3), including key breakdowns by monitored body.

Key statistics

• From July to September 2023 there were 18,555 FOI requests received across all monitored bodies*. This is an increase of 5,398 (41%) from the same quarter in 2022, and represents the largest number of FOI requests received in a single quarter since records began.

• Across all monitored bodies, 80% of requests were responded to in time, down from 85% in Q3 2022.

• Of the 18,555 FOI requests received, 12,551 were resolvable. Of these, 32% were granted in full, down from 39% in Q3 2022 and 30% were withheld in full, up from 29% in Q3 2022. The remaining resolvable requests were not yet processed or were partially withheld.

• Of the 5,537 requests withheld in full or in part, 29% were withheld due to the cost of response exceeding the limit, 3% were withheld as vexatious or repeated, and the remaining 68% fell under other exemptions.

*A full list of monitored bodies included in these statistics is provided in the scope of monitoring section.

Figure 1.1: Volume of FOI requests by quarter since Q3 2020 (see Worksheet 2 of data tables)

Figure 1.2: Number of monitored bodies by their percentage of responses to requests in time since Q3 2022 (see Worksheet 4 of data tables)

Coronavirus (COVID-19)

Use caution when interpreting and comparing data from the pandemic with pre- and post-pandemic time periods. More information is available in the notes section.

2. Volumes

From July to September 2023 there were 18,555 FOI requests received across all monitored bodies. This is an increase of 5,398 (41%) from the same quarter in 2022.

Just over half (9,631) of these requests were at Departments of State, with the remaining 8,924 being received by other monitored bodies. The number of requests is at its highest recorded level. The number of requests at other monitored bodies is 74% higher than the same quarter 2022, where almost two thirds of this increase can be attributed to National Archives (for more information on the increase at National Archives please see the statistical note at the foot of Section 3 Timeliness).

The Home Office, the Ministry of Defence, the Ministry of Justice, and the Department for Transport accounted for more than half (52%) of requests to Departments of State; whilst The National Archives alone accounted for 63% of requests to other monitored bodies.

The National Archives had the largest increase in requests (+3,474) amongst all monitored bodies compared to the same period in 2022, followed by the Home Office (+488). The Department for Transport had the largest decrease in number of requests (-137) followed by the Water Services Regulation Authority (-38).

Figure 2.1: Volume of FOI requests by quarter since Q3 2020 (see Worksheet 2 of data tables)

Figure 2.2: Proportion of FOI requests across all monitored bodies in Q3 July to September 2023 (see Worksheet 1 of data tables)

Figure 2.3: Volume of FOI requests across all monitored bodies in Q3 July to September 2023 compared to Q3 July to September 2022 (see Worksheet 2 of data tables)

Statistical Note

Comparisons are made to the same period in the previous year historically rather than the previous quarter due to consistent differences in the volume of requests per quarter each year.

3. Timeliness

Timeliness

The FOI Act requires public bodies to respond to requests for information in a timely manner. ‘In time’ responses are those processed within the statutory deadline (20 working days) or subject to a permitted deadline extension, including:

• Additional time for public interest tests under the FOI act.

• Extensions under the Environmental Information Regulations for complex requests.

• 10 additional working days for archival records from the National Archives.

Across all monitored bodies, 80% of requests were responded to in time, down from 85% in Q3 2022.

• Across all Departments of State, 88% of requests were responded to in time, down from 89% in Q3 2022.

• Across all other monitored bodies 70% of requests were responded to in time, down from 79% in Q3 2022.

Figure 3.1: Percentage of responses to FOI requests in time across all monitored bodies since Q3 2020 (see Worksheet 4 of data tables)

Figure 3.2: Number of monitored bodies by their percentage of responses to requests in time since Q3 2022 (see Worksheet 4 of data tables)

Figure 3.3: Departments of State and Other monitored bodies: Timeliness of response to FOI requests (see Worksheet 3 of data tables)

Statistical Note

Where monitored bodies only receive a small number of requests they can demonstrate higher variability in their quarterly statistics.

Important note on The National Archives

In February 2021 the Ministry of Defence began the transfer of historic service personnel records to The National Archives. There are approximately 9.7 million records which will be transferred over the next 6 years, with around half of this collection (approx. 5 million records) having already been transferred. This ongoing work has resulted in more than a fivefold increase in the volume of requests received by The National Archives in Q3 2023, compared to the same quarter in 2021. This has impacted the overall percentage of their requests responded to ‘in time’. More information can be found on the National Archives website.

4. Outcomes

Important Note

‘Procedural refusals’ within the statistics are classified as resolvable requests that have been fully withheld. ‘Resolvable requests’ are defined as all those where it is possible to make a substantive decision on whether to release the requested information. They exclude requests which are lapsed or ‘on-hold’, where the information is not held, and where it was necessary to provide advice and assistance, since, in each of these cases, it would not have been possible to resolve the request in the form it was asked.

FOI requests that have been refused for being vexatious or repeated, along with those refused on cost grounds are treated and included in these statistics as resolvable requests that have been ‘fully-withheld’. These types of refusals are referred to as ‘procedural refusals’ in these statistics.

To better understand the impact on the statistics of classifying ‘procedural refusals’ as resolvable requests that have been ‘fully-withheld’, additional statistics are presented in section 4.2 that excludes ‘procedural refusals’ from resolvable requests and requests that have been ‘fully-withheld’.

4.1 Outcomes including procedural refusals

18,555 “non-routine”* requests were received in July to September 2023. Of these 12,551 (68%) were resolvable. Resolvable requests are those where it was possible to give a substantive decision on whether to release the requested information. Of these:

• 4,066 were granted in full.

• 5,537 were withheld in full** or in part, where:

  • 123 were vexatious, as defined in Section 14 of the Act.

  • 55 were repeated, as defined in Section 14 of the Act.

  • 1,610 had a cost of response which exceeded the limit as defined in Section 12 of the Act.

  • 3,749 involved information subject to one of the exemptions and exceptions listed under Sections 22-44.

• 2,948 were not yet processed.

5,948 (32%) requests were not resolvable. Of these:

• 2,412 requests required further clarification prior to responding, and monitored bodies provided “advice and assistance” on how to reformulate the request.

• 3,536 involved information not held by the responding body.

56 (0.3%) were on hold at the time of monitoring.

*For more detail and definition of ‘non-routine’ requests see Notes section.

**“Fully withheld requests” includes requests which were refused because it was estimated that the cost of complying with the request would exceed the appropriate limit or because the request was considered vexatious or repeated. Please note that requests refused on these grounds may include refusals where information is not held.

Figure 4.1.1: Outcomes of FOI requests received in Q3 July to September 2023 (see Worksheet 5 of data tables and csv dataset

Figure 4.1.2: Departments of State and other monitored bodies: Outcomes of FOI requests as a percentage of resolvable requests (see Worksheet 5 of data tables)

4.2 Outcomes excluding procedural refusals

18,555 “non-routine”* requests were received in July to September 2023. Of these, 10,763 (58%) were resolvable excluding procedural refusals. Of these:

• 4,066 were granted in full.

• 3,749 were withheld in full or in part, involving information subject to one of the exemptions and exceptions listed under Sections 22-44.

• 2,948 were not yet processed.

1,788 (10%) were procedural refusals. Of these:

• 123 were vexatious, as defined in Section 14 of the Act.

• 55 were repeated, as defined in Section 14 of the Act.

• 1,610 had a cost of response which exceeded the limit as defined in Section 12 of the Act.

5,948 (32%) requests were not resolvable. Of these:

• 2,412 requests required further clarification prior to responding, and monitored bodies provided “advice and assistance” on how to reformulate the request.

• 3,536 involved information not held by the responding body.

56 (0.3%) were on hold at the time of monitoring.

*For more detail and definition of ‘non-routine’ requests see Notes section.

Figure 4.2.1: Outcomes of FOI requests received in Q3 July to September 2023 (see Worksheet 6 of data tables and csv dataset)

Figure 4.2.2: Departments of State and other monitored bodies: Outcomes of FOI requests as a percentage of resolvable requests excluding procedural refusals (see Worksheet 6 of data tables)

5. Exemptions

Exemptions

Under the FOI Act, public bodies can only refuse to provide requested information that they hold if the information falls under one of the specific exemptions within the Act.

Of the 5,537 requests withheld in full or in part, 29% were withheld due to the cost of response exceeding the limit, 3% were withheld as vexatious or repeated, and the remaining 68% fell under other exemptions. Of these, Section 40 (covering personal information) was by far the most commonly cited, as in previous quarters.

Section 21

A Section 21 exemption can be used under the FOI Act when information is reasonably available by other means. Requests where a Section 21 exemption was the sole exemption used are reported separately because the FOI Act is not meant to act as a means to access data in the public domain.

Across all monitored bodies 792 requests subject to a Section 21 exemption were reported.

Figure 5.1: Use of exemptions* in Q3 July to September 2023, as a percentage of all exempted requests (see csv dataset)

*Note that exceptions under EIRs are not included here

Figure 5.2: Departments of State and other monitored bodies: Volume of requests subject to a Section 21 exemption in Q3 July to September 2023 (see Worksheet 11 of data tables)

Statistical Notes

Percentages for exemptions may sum to more than 100 as each request may cite multiple exemptions. Requests exempted under Section 21 are not counted in any other figures.

6. Scope of monitoring

On 7 February 2023, the Prime Minister announced Machinery of Government changes to create three new government departments: the Department for Energy Security and Net Zero, the Department for Science, Innovation and Technology, and the Department for Business and Trade; as well as a refocused Department for Culture, Media and Sport. The new departments are formed from the Department for Business, Energy and Industrial Strategy and the Department for International Trade, along with the Department for Digital, Culture, Media and Sport. Although the changes took effect immediately following the announcement, departments continued to report on the pre-announced structures for Q1 (Jan to Mar) and Q2 (Apr to Jun) until the transition was completed. This Q3 (July to September) 2023 bulletin is the first quarterly statistics to report under the new structures.

Bodies included in centrally monitored statistics

Government body	Note
Attorney General’s Office (AGO)	Department of State
Crown Prosecution Service (CPS)	Body monitored separately from parent department
Serious Fraud Office (SFO)	Body monitored separately from parent department
Crown Prosecution Service Inspectorate	Unmonitored body
Department for Business and Trade (DBT)	Department of State
Advisory Conciliation and Arbitration Service	Unmonitored body
Companies House	Unmonitored body
Insolvency Service	Unmonitored body
Cabinet Office (CO)	Department of State
Crown Commercial Service	Body included in monitoring by parent department
Government Equalities Office	Body included in monitoring by parent department
Government Property Agency	Body included in monitoring by parent department
Department for Levelling Up, Housing and Communities (DLUHC)	Department of State
Planning Inspectorate	Unmonitored body
Queen Elizabeth II Conference Centre	Unmonitored body
Department for Culture, Media and Sport (DCMS)	Department of State
Department for Education (DFE)	Department of State
Education and Skills Funding Agency	Body included in monitoring by parent department
Teaching Regulation Agency	Body included in monitoring by parent department
Institute for Apprenticeships and Technical Education	Body included in monitoring by parent department
Standards and Testing Agency	Unmonitored body
Office of Qualifications and Examinations Regulation	Unmonitored body
Department for Energy Security and Net Zero (DESNZ)	Department of State
Department for Environment Food and Rural Affairs (DEFRA)	Department of State
Rural Payments Agency (RPA)	Body monitored separately from parent department
Animal and Plant Health Agency	Unmonitored body
Centre for Environment, Fisheries and Rural Affairs	Unmonitored body
Veterinary Medicines Directorate	Unmonitored body
Department for Transport (DFT)	Department of State
Driver and Vehicle Licensing Agency	Body included in monitoring by parent department
Driver and Vehicle Standards Agency	Body included in monitoring by parent department
Maritime and Coastguard Agency	Body included in monitoring by parent department
Vehicle Certification Agency	Body included in monitoring by parent department
Active Travel England	Body included in monitoring by parent department
Department for Work and Pensions (DWP)	Department of State
Health and Safety Executive (HSE)	Body monitored separately from parent department
Department for Health and Social Care (DHSC)	Department of State
Medicines and Healthcare Products Regulatory Authority	Unmonitored body
UK Health Security Agency	Unmonitored body
Department for Science, Innovation and Technology (DSIT)	Department of State
Building Digital UK	Body included in monitoring by parent department
UK Intellectual Property Office	Unmonitored body
Met Office	Unmonitored body
UK Space Agency	Unmonitored body
Foreign, Commonwealth and Development Office (FCDO)	Department of State
FCDO Services	Body included in monitoring by parent department
Wilton Park Executive	Body included in monitoring by parent department
HM Treasury (HMT)	Department of State
Debt Management Office (DMO)	Body monitored separately from parent department
Office for Budget Responsibility	Body included in monitoring by parent department
Government Internal Audit Agency	Unmonitored body
National Infrastructure Commission	Unmonitored body
Home Office (HO)	Department of State
Ministry of Defence (MOD)	Department of State
Defence Electronics and Components Agency	Body included in monitoring by parent department
Defence Equipment and Support	Body included in monitoring by parent department
Defence Science and Technology Laboratory	Body included in monitoring by parent department
Submarine Delivery Agency	Body included in monitoring by parent department
UK Hydrographic Office	Body included in monitoring by parent department
Defence Nuclear Organisation	Body included in monitoring by parent department
Ministry of Justice (MOJ)	Department of State
HM Courts and Tribunals Service	Body included in monitoring by parent department
Legal Aid Agency	Body included in monitoring by parent department
HM Prison and Probation Service	Body included in monitoring by parent department
The Office of the Public Guardian	Body included in monitoring by parent department
Criminal Injuries Compensation Authority	Unmonitored body
Northern Ireland Office (NIO)	Department of State
UK Export Finance (UKEF)	Department of State
Scotland Office (SO)	Department of State
Wales Office (WO)	Department of State
HM Revenue and Customs (HMRC)	Other monitored body
Valuation Office	Body included in monitoring by parent department
Charity Commission (CC)	Other monitored body
Competitions and Marketing Authority (CMA)	Other monitored body
Food Standards Agency (FSA)	Other monitored body
Government Legal Department (GLD)	Other monitored body
The National Archives (TNA)	Other monitored body
Office for National Statistics (ONS)	Other monitored body
Office for Standards in Education, Children’s Service and Skills (OFSTED)	Other monitored body
Office of Gas and Electricity Markets (OFGEM)	Other monitored body
Office of Rail and Road (ORR)	Other monitored body
Land Registry (LR)	Other monitored body
Water Services Regulation Authority (OFWAT)	Other monitored body
National Savings and Investments (NS&I)	Other monitored body

7. Notes

The FOI Act 2000^{[footnote 1]} and the associated Environmental Information Regulations^{[footnote 2]} 2004 allow individuals to request information from public bodies.

This bulletin presents FOI statistics for 39 central government bodies, including all major Departments of State, and a number of other bodies with significant regulatory, policy-making or information handling functions. The quarterly statistics report on:

• The initial handling of FOI requests

• The number received during the quarter

• The timeliness of issuing a substantive response

• The rates of disclosure of requested information

• The exemptions applied when withholding information

Corrections and Revisions

Monitored bodies review the figures provided in the quarterly monitoring, and may make internal revisions to the statistics after publication. The revised figures are then included in the annual end of year monitoring. As a result, the quarter to quarter statistics will not always sum to the annual figures.

Accredited official statistics

These statistics have been independently reviewed by the Office for Statistics Regulation (OSR). They comply with the standards of trustworthiness, quality and value in the Code of Practice for Statistics. Accredited official statistics are called National Statistics in the Statistics and Registration Service Act 2007.

Accreditation signifies their compliance with the authority’s Code of Practice for Statistics which broadly means these statistics are:

• managed impartially and objectively in the public interest

• meet identified user needs

• produced according to sound methods

• well explained and readily accessible

Our statistical practice is regulated by the Office for Statistics Regulation (OSR).

OSR sets the standards of trustworthiness, quality and value in the Code of Practice for Statistics that all producers of official statistics should adhere to.

These statistics were independently reviewed by the OSR in June 2017. See Assessment Report 328 Freedom of Information Statistics - implementation in Central Government. Since this review by the OSR, we have continued to comply with the Code of Practice for Statistics.

Request for Feedback

We always welcome user feedback on our publications. We can be contacted at: foistatistics@cabinetoffice.gov.uk

Defining the scope of FOI monitoring

Section 1 of the Freedom of Information Act 2000^{[footnote 1]} states that (subject to certain conditions):

‘Any person making a request for information to a public authority is entitled—

(a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and

(b) if that is the case, to have that information communicated to him’

Regulation 5 of the Environmental Information Regulations 2004^{[footnote 2]} states that (subject to certain conditions):

‘A public authority that holds environmental information shall make it available on request.’

Following their introduction on 1 April 2005, the above provisions apply to all relevant requests for information made to public authorities, no matter how routine and straightforward they may be.

Government departments supply large amounts of information, both on request and proactively, as an established and routine part of their business. This includes information released in the form of leaflets, correspondence exchanges, reports and other published material, and through websites and departmental FOI Publication Schemes. All information released on request is covered by the Freedom of Information Act, however it would be both uninformative and fundamentally unfeasible to count all such activity in departmental FOI monitoring returns.

The statistics in this bulletin therefore relate to all ‘non-routine’ information requests that government departments have received, and those routine information requests that are handled under Section 21. Essentially, this means that departments’ statistics should only count those requests where:

1. It was necessary to take a considered view on how to handle the request under the terms of the Freedom of Information Act, and

2. Departmental Freedom of Information officer(s) were informed of the request and logged it in their case management systems.

Defining a request

The full definition of an ‘information request’ for the purposes of inclusion in the Cabinet Office’s monitoring returns is shown below:

‘[An information request for monitoring purposes is one …]

1. Which meets the criteria in section 8 of the Freedom of Information Act and if the request falls under the Environmental Information Regulations it includes requests made in any form or context, including oral requests; and

2. Which is a request for information that is not already reasonably accessible to the applicant by other means; and

(i) Which results in the release of one or more documents (in any media) or inclusion of extracts of documents in the information released; or

(ii) Results in information being withheld under an exemption or exception from the right of access (either the Freedom of Information Act or the Environmental Information Regulations); or

(iii) The request is not processed because the department estimates the cost of complying would exceed the appropriate limit in accordance with section 12 of the Freedom of Information Act; or

(iv)The request is not processed because the department is relying on the provisions of section 14 of the Freedom of Information Act; or

(v) Where a search is made for information sought in the request and it is found that none is held.’

Consistency of the statistics

The definition shown above has been widely disseminated to FOI officers in government. It is necessary to apply a definition of this sort to set a clear boundary to the coverage of our monitoring, and thereby obtain meaningful information from the process.

However there is considerable variation in the way these bodies are structured and managed, and in the mechanisms that they have put in place to meet their obligations under the FOI Act. For example, some bodies operate a centralised Freedom of Information secretariat that coordinates responses to all information requests received. Others give a greater degree of autonomy to individual work areas in the handling of information requests.

Because of these differences, there could be a degree of inconsistency in the way in which bodies have interpreted and applied the definition of an ‘information request’ for monitoring purposes. However, the statistics effectively count those requests which have been dealt with by each monitored body formally under the FOI Act. As such, the statistics report on how many such requests for information each monitored body has received and how they have implemented the Act’s requirements in providing responses. Direct comparisons between the statistics for different monitored bodies can therefore be made on this basis.

In summary:

(i) These statistics cover both ‘non-routine’ information requests, and ‘routine’ information requests which are answered under a Section 21 exemption. This does not give a representative picture of all requests for information received in government.

(ii) There is likely to be a degree of inconsistency between monitored bodies’ interpretations of the definition of an ‘information request’ for monitoring purposes. This should be borne in mind when using these statistics.

Coverage

The statistics in this bulletin have been derived from monitoring returns completed by Freedom of Information officers in government departments during November 2023. The formal monitoring work covers a total of 39 central government bodies, including major Departments of State. The monitored bodies which are not Departments of State nonetheless have significant policy-making, regulatory or information-handling functions.

The Freedom of Information Act 2000 applies in England and Wales, Northern Ireland and Scotland (with exceptions, see below).

The Freedom of Information (Scotland) Act 2002 applies to public bodies over which the Scottish Parliament has devolved jurisdiction, and as such lies outside the scope of the monitoring work on which this bulletin is based. However, Scottish parts of UK-wide bodies which are ordinarily under the remit of the Scottish Parliament act (such as the Forestry Commission) are subject to the UK wide 2000 act rather than Scottish Government’s 2002 Act.

The Northern Ireland Office, Scotland Office and the Wales Office are included in these statistics as they fall under the jurisdiction of the UK-wide 2000 act. However, data is not collected from the Welsh Government or Northern Ireland Executive.

Statistics on FOI requests made to the Scottish Government can be found here: http://www.gov.scot/About/Information/FOI/Reporting. Note that there are several differences in the UK and Scottish FOI Acts which mean that the figures are not directly comparable.

Users and uses of the statistics

The main users of these statistics are departmental FOI teams responsible for coordinating responses and requests, Ministers and officials with responsibility for developing information access policy, and other non-governmental bodies and individuals with an interest in the accessibility of government information. The statistics are used to monitor the implementation of the FOI Act by central government, both as a whole and by each individual body included in the figures.

Coronavirus (COVID-19)

The impact of the coronavirus (COVID-19) pandemic will have affected a number of the statistics presented for quarters during the pandemic and in particular those on ‘Timeliness’ and ‘Volumes’. These impacts will vary by organisation and over time. Caution is advised when interpreting these statistics and in comparing them with more recent and pre-pandemic time periods.

See the quality and methodology information document^{[footnote 3]} for further detail

1. Full text of the FOI Act: ↩ ↩²

2. Full text of the EIR regulations: ↩ ↩²

3. Quality and Methodology Information: ↩