Section 25 - Information otherwise accessible
Challenge a refusal under FOISA section 25 - the authority says you can get the information elsewhere
What this exemption means#
The authority is saying you don’t need to use freedom of information to get this information because it’s already available to you through other means - for example, on their website, in a publication, or through another access route.
This is an absolute exemption, so there is no public interest test. But the authority must still meet specific conditions.
What the authority must show#
For this exemption to be validly applied, the authority must demonstrate that:
- The information is genuinely available to you through other means
- It is reasonably obtainable - not just theoretically available but practically accessible to you
- They have told you where to find it (this is a legal requirement under section 15 of FOISA)
- The information at that location is the same information you asked for - not just something related
Things to check#
Did they tell you where to find it? Under section 15 of FOISA, when relying on section 25, the authority must provide you with details of where the information can be obtained. If they didn’t, that’s a clear procedural error.
Can you actually access it? “Reasonably obtainable” means it must be practically accessible to you personally. Information in an archive you can’t realistically visit, or on a website that’s been taken down, is not reasonably obtainable. A paywall doesn’t automatically defeat section 25 — the law says information can be reasonably obtainable even if payment is required — but the cost must be reasonable (see below).
Is it the right information? Sometimes authorities direct people to general publications that don’t actually contain the specific information requested. Check that what’s available matches what you asked for.
Is the cost reasonable? Information can be “reasonably obtainable” even if there’s a charge, but the cost must be reasonable. An expensive professional report might not be reasonably obtainable for an individual.
Use the interactive tool#
Answer the questions below to check whether section 25 has been properly applied to your request.