I have sent 385 Freedom of Information requests — here is what I learned
Why you should be as precise as possible and stand up for your rights
The Freedom of Information Act (FOIA) came into force in 2000. It allows any member of the public to apply to government or public bodies to get public documents, such as crime statistics or details on government expenditure.
In the past few months, I have based my reporting on the FOIA. Focusing on mental health services, I have sent eight different requests to 51 NHS mental health trusts . In total, this worked out to be 385 requests.
Here is what I have learned.
1. Do your research
Before you send an FOI, it is important that you think about the information you want to get.
Have there been previous FOIs around that topic? It’s worth checking out WhatDoTheyKnow or an organisations’ disclosure log. You might find that the information you want has already been published or that a request asking for something similar has been refused — which means you can build on that.
Research also helps you to narrow your request down and to be more confident whether the information you are asking for is actually held by the authority — which then helps you standing up for your rights (see point 5).
When I wanted to find out how many patients in contact with NHS mental health services were homeless, I looked at the data specification file for the Mental Health Services Monthly Statistics. In there, it said how a patient’s accommodation status is recorded which helped me phrase my request.
2. Be as precise as possible
When you phrase the request, be as precise and clear as possible.
If you are asking for data, do you want yearly figures? Or a monthly breakdown? If a figure changes during the month, do you want its status at the beginning or the end of the month?
If you only want a snapshot of something, say the exact date.
If you are requesting a breakdown, for example into monthly figures, and you want it to be applied to all questions, then it’s best to repeat it for each question.
Otherwise, it might be misunderstood to be only referring to the question before or after you specify the breakdown.
Another thing you might want to add is the output you want to receive the data in. If you say you want the data in an Excel file, you might get it in that format — although it’s likely that some organisations will still send you PDFs instead.
3. Include definitions
Just because you know what the information you want looks like or what a phrase you are using means, does not mean the FOI officer or authority knows it as well.
It might be a good idea to include definitions or explanations of key terms you are using.
One reason for this: it might save you some time. An FOI officer might not have to send you a clarification email if you already provided enough context and explanation in your request.
If you send the same request to several organisations, for example CCGs, it could also have the positive effect of ensuring that the data from all organisations is more consistent.
4. Keep track of responses
Once you have sent the request, the first important steps are done.
But keeping track of your requests — and responses — isn’t any less important.
Especially if you sent the same request to more than one organisation, it’s easy to lose oversight.
Sending and managing multiple FOIs requires organisational skills
Making a note of each response will enable you to see what organisations are still missing and whether they are already over the time limit of 20 working days.
5. Know and stand up for your rights
The Freedom of Information Code of Practice details a public authority’s responsibilities under the Act. It sets the standard for all public authorities when considering how to respond to Freedom of Information requests.
Under the Act, authorities have 20 working days to respond to your request.
But, while FOI means public bodies are obliged to hand over information, they don’t have to if it comes under one or more of 23 exemptions in the Act.
The most common exemption is that providing you with information would cost too much. Currently, the cost limit for complying with a request is set at £600 for the central government, Parliament and the armed forces and £450 for all other public authorities. Authorities can refuse a request if they estimate that the cost of compliance would exceed this limit.
All other exemptions are detailed in the Act. You don’t need to know all of them by heart, but you should understand enough of the Act so you don’t waste your time and authorities’ time by requesting exempt information or far too much material.
And if your requests are refused — which will happen — it’s important to challenge the refusal. That’s the time to read up on the exemptions a public body has used. Check whether you think their reasoning fits.
The next step is to go back to the authority. Either refine your request or ask for an internal review.
6. Send follow-up emails
Whether something is unclear in the data you have received or information that you have asked for in your request is missing — or has been misunderstood by the organisation — , it’s always a good idea to send an email.
You did not get a reply in time? Send an email.
Whatever organisation you are sending an FOI to, they have 20 working days to respond to you. If they have not responded in time, it’s worth sending a follow-up email.
This will bring your request to their attention and might bump you up their list in terms of priority.
It might also reveal that they never got your request. When I sent a request to Pennine Care NHS Foundation Trust, a follow-up email revealed that they had technical issues with the Freedom of Information inbox and therefore never received my request.
On the other hand, it could be that they answered your request, but that this time you did not get the email — which, again, happened to me.
7. Share the data
Once you have all your data and your story is ready to be published, it is worth sharing links to the data or documents you received.
This will help your audience understand how the story was obtained and may improve audience trust.
FOIs to NHS Mental Health Trusts
In the last weeks, I have sent FOIs to NHS Mental Health Trusts.
If you want to do the same, take a look at this document. I have put together the email addresses you can send the FOI to and what services the trusts are operating.
More resources
- The Freedom of Information Act 2000 in full
- The website of the Information Commissioner’s Office (ICO) is a good starting point for more information on the Act, making a complaint and keeping track of previous decisions
- This guide by the ICO focuses on Section 12 Exemptions — requests where the cost of compliance exceeds the appropriate limit
- Investigative reporters Guy Basnett and Paul McNamara give insight into how they use the Freedom of Information Act to find great stories
- Postdoctoral Researcher Mária Žuffová has surveyed journalists to find out about their experiences with FOIs — which was often marked by delays, unresponsiveness, or refusals on unverifiable grounds
Stories I based on FOIs
I used data obtained through FOIs in the following stories:
