Procedural refusals
Challenge a refusal that doesn't rely on a specific exemption
Not all refusals cite a specific exemption. Some are based on procedural grounds:
- Excessive cost (section 12) - the authority estimates it would cost more than £600 to find and retrieve the information
- Vexatious requests (section 14) - the authority considers your request vexatious
- Information not held - the authority says it doesn’t have the information you asked for
- Neither confirm nor deny (NCND) - the authority won’t even confirm whether it holds the information
- Late response or no response - the authority didn’t reply within the 20 working day deadline
Each page includes an interactive tool to help you check whether the refusal was properly applied and generate a review request if it wasn’t.
General advice#
If you’ve received a procedural refusal:
- Request a review - you have the right to ask the authority to look at its decision again. Write to them within 40 working days of receiving the refusal.
- Be specific - explain why you think the refusal is wrong. The individual pages above will help you identify the strongest points to make.
- Contact the Scottish Information Commissioner - if the review doesn’t resolve it, you can appeal to the Commissioner at enquiries@foi.scot.