Section 14 - Vexatious requests

Challenge a refusal under FOISA section 14 - the authority says your request is vexatious

What this refusal means#

The authority is saying your request is vexatious. This is one of the most contentious refusals in freedom of information, and it’s important to understand what it does and doesn’t mean.

A vexatious request is one that would impose a significant burden on the authority and has some aggravating feature - for example, it has no serious purpose or value, is designed to cause disruption, or would harass the authority. Being told your request is vexatious can feel like a personal attack - but legally, it’s the request that must be vexatious, not the person making it.

This is not an exemption - it’s a procedural refusal. There is no public interest test, but the threshold for calling a request vexatious is high.

What the authority must show#

For a section 14(1) refusal to be valid, the authority must demonstrate that:

  1. The request itself is vexatious - not the requester. A person with a history of complaints can still make perfectly valid requests
  2. There is something more than burden alone - for example, no serious purpose or value, a design to cause disruption or annoyance, or a harassing effect. A request about a legitimate matter of public concern is unlikely to be vexatious, even if it is inconvenient
  3. They considered the request on its own merits - they cannot refuse simply because of who you are or what you’ve asked before
  4. The burden is disproportionate - the impact on the authority must be out of proportion to any purpose the request serves

Things to check#

  • Did they explain why the request is vexatious? The authority should give you specific reasons - not just a blanket assertion. What exactly about your request makes it vexatious?

  • Are they conflating the request with the requester? The law is clear: it’s the request, not the person, that must be vexatious. If the authority is pointing to your behaviour, past complaints, or personal characteristics rather than the request itself, that’s a problem.

  • Does your request have a serious purpose? Requests about matters of genuine public concern - how public money is spent, how decisions are made, whether policies are being followed - have serious purpose and value. A request doesn’t become vexatious just because the authority finds it annoying or inconvenient.

  • Is this a pattern or a one-off? While a single request can technically be vexatious, it’s unusual. If this is a standalone request about a legitimate topic, the threshold is very hard to meet.

  • Did they consider the request on its merits? Even if you’ve made many requests before, each new request should be assessed individually. Previous interactions shouldn’t automatically taint a new request.

A note on this refusal#

If you’ve received this refusal, it’s worth reflecting honestly on your situation. Some people who receive a vexatious refusal have been engaged in a genuine pattern of behaviour that is disproportionate. Others have been wrongly labelled as vexatious simply because they’ve been persistent in pursuing legitimate concerns.

The questions below are designed to help you work out which category your situation falls into, and what you can do about it.

Use the interactive tool#

Answer the questions below to check whether section 14 has been properly applied to your request.