Information not held

What this response means#

The authority is saying it simply does not have the information you asked for. Under section 17 of FOISA, if the authority doesn’t hold the information, it must tell you so.

This is not an exemption - the authority isn’t claiming the information is sensitive or protected. It’s saying the information doesn’t exist in its possession. But “not held” doesn’t always mean what it seems.

What the authority must do#

When an authority says it does not hold information:

1. It must have conducted adequate searches - the authority must make reasonable efforts to find the information, including searching all relevant departments, systems and formats
2. It must notify you under section 17(1) - it must confirm in writing that it does not hold the information
3. It should help you find it elsewhere - under section 15 (duty to advise and assist), the authority should tell you who might hold the information if it can
4. You can still challenge it - a section 17 notice is not a refusal notice, but you have the same right to require a review of it, and then to appeal to the Commissioner

Things to check#

• Did they explain what searches they did? The authority should tell you what steps it took to look for the information. If it just said “not held” without explaining what it checked, that’s a problem.

• Did they search all the right places? Information can be held across different departments, in paper files, in email systems, in archived records, or in databases. The authority should have searched everywhere the information might reasonably be.

• Could the information exist under a different name? Sometimes authorities search for information using narrow terms and miss records held under different descriptions. Think about what the information might be called internally.

• Is it plausible that they wouldn’t hold it? Consider whether it’s the kind of information this authority would be expected to create or receive in the course of its work. If it seems implausible that they wouldn’t have it, that’s a reason to probe further.

• Did they suggest who else might hold it? If the authority doesn’t hold the information, it should consider whether another body does and point you in the right direction.

Use the interactive tool#

Answer the questions below to check whether the authority’s claim that it does not hold the information stands up to scrutiny.