Internal review request template

A template letter to request an internal review of an FOI refusal

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What is an internal review?#

An internal review is your first step after receiving a refusal. You can write to the authority and ask them to look at their decision again. The authority will look at your request again, and reconsider whether the refusal was correct.

It’s free, and you don’t need a lawyer. You just need to explain what you disagree with and why.

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Your right to a review#

You have a legal right to request an internal review:

  • Under FOISA, section 20(1) gives you the right to require the authority to review its decision
  • Under the EIRs, regulation 16 gives you the right to request a reconsideration

You should make your review request within 40 working days of receiving the refusal. The authority then has 20 working days to respond to your review.

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What to include#

Your review request must be in writing or another permanent form. Under FOISA, email, letter, or an audio or video recording all count. For EIR requests, regulation 16 requires review representations to be made in writing (email is fine). It should include:

  • Your name and contact details
  • The date of the original request, and any reference number the authority gave you
  • The date of the refusal response
  • What you disagree with - the specific exemption, exception, or procedural ground you’re challenging
  • Why you disagree - your reasons for thinking the refusal was wrong (the individual exemption pages on this site can help you identify the strongest points)
  • What you’re asking for - disclosure of the information, or a proper explanation if one wasn’t given
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Template letter#

You can copy and adapt the text below. Replace everything in [SQUARE BRACKETS] with your own details.

Dear [NAME OF AUTHORITY],

I am writing to request an internal review of your response to my freedom of information request.

Original request details:

  • Date of my request: [DATE]
  • Reference number: [REFERENCE NUMBER, if given]
  • Date of your response: [DATE OF REFUSAL]
  • Subject: [BRIEF DESCRIPTION OF WHAT YOU ASKED FOR]

What I disagree with:

Your response refused my request under [EXEMPTION/EXCEPTION CITED, e.g. “section 30(b)(ii) of FOISA” or “regulation 10(4)(e) of the EIRs”]. I am not satisfied that this exemption/exception has been correctly applied, for the following reasons:

[EXPLAIN WHY YOU THINK THE REFUSAL IS WRONG. USE THE POINTS FROM THE RELEVANT CHALLENGE PAGE ON THIS SITE. FOR EXAMPLE:]

[- The public interest test does not appear to have been properly carried out]

[- The authority has not considered whether partial disclosure is possible]

I request that you disclose the information requested, or provide a full explanation of why each condition of the exemption/exception is met, including the public interest test if applicable.

Yours faithfully,

[YOUR NAME]

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Tips for writing your review#

  • Be specific. If you can, explain which part of the refusal you think is wrong and why.
  • Stay factual. Focus on the legal requirements the authority must meet. The challenge pages on this site will help you identify these.
  • Ask for partial disclosure. If some of the information could be released with sensitive parts removed, say so.
  • Keep a copy. Save your review request and note the date you sent it.
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What happens next#

The authority should respond within 20 working days. They can:

  • Overturn the refusal and release the information
  • Uphold the refusal with the same or different reasons
  • Partially uphold your review - releasing some information but withholding the rest
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If you’re still not satisfied#

If the review doesn’t resolve your complaint, you can appeal to the Scottish Information Commissioner. This is free and you can do it online. You have six months from the date you received the review response to lodge your appeal — or six months from when you should have received it if the authority didn’t reply.

The Commissioner is independent of the authority and has the power to order disclosure. Many appeals succeed — particularly where authorities have not properly explained their reasoning or carried out the public interest test.