Late response or no response

Challenge an authority that has failed to respond to your FOI request within the 20 working day deadline

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What this means#

The authority has not responded to your request within the time allowed by law. Under section 10 of FOISA, a Scottish public authority must respond to your request promptly and in any event within 20 working days of receiving it.

This is not an exemption or a discretionary matter - it’s a legal requirement. Failure to respond in time is a breach of the Act, and the Scottish Information Commissioner takes it seriously.

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What the law requires#

The 20 working day deadline is straightforward:

  1. The clock starts on the day after the authority receives your request (or the day after it has the information it needs to identify what you want, if it asked for clarification)
  2. Working days exclude weekends and bank holidays
  3. Extensions are very limited - under FOISA, there is almost no provision for extending the deadline (unlike the EIRs, which allow an extension to 40 working days only where the information requested is both voluminous and complex)
  4. Clarification resets the clock - if the authority asks you to clarify your request, a fresh 20 working days runs from the day after it receives your reply. But it must ask promptly, not use clarification as a delay tactic
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Things to check#

  • Has it actually been 20 working days? Count carefully, excluding weekends and public holidays. The clock starts the day after the authority received your request.

  • Did the authority acknowledge your request? While not strictly required, most authorities send an acknowledgement. If they did, it should confirm when they received your request and when their deadline falls.

  • Did they ask for clarification? If the authority asked you to clarify your request, a fresh 20 working days runs from the day after it receives your reply. Check when you replied and count from there.

  • Did they claim an extension? Under FOISA, extensions are only available in very narrow circumstances. If the authority has claimed more time, check whether it has a valid basis.

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Use the interactive tool#

Answer the questions below to work out your next steps when an authority has failed to respond on time.