The Freedom of Information (FOI) Act is currently facing its biggest test since it became law back in 2005. If you’ve tried to get data from a government department lately, you already know the score. You wait 20 working days, get a "holding" email, and then wait another three months. It’s a mess.
Government officials are calling it a "resource crisis." Transparency advocates call it a deliberate "clampdown." Whatever you call it, the numbers are staggering. In the second quarter of 2025 alone, monitored bodies in the UK received 23,547 FOI requests. That’s a 15% jump from the previous year and the highest volume ever recorded.
The system is buckling under the weight. While the Cabinet Office and the Information Commissioner’s Office (ICO) talk about modernization, the reality on the ground feels more like a slow-motion car crash. Here’s what is actually happening behind the scenes of the UK's transparency battle.
Why the FOI system is actually breaking
It isn't just that people are asking more questions. It’s that the questions have become incredibly complex. We’ve moved past simple "how much did this cost" queries. Now, researchers and journalists are asking for massive datasets, internal WhatsApp logs, and detailed policy drafts.
Public authorities are struggling to keep up. The Home Office, the Ministry of Defence, and the Ministry of Justice are consistently the hardest hit, accounting for half of all requests sent to Departments of State. The Home Office saw a spike of 640 extra requests in a single quarter last year.
When you combine this volume with shrinking budgets and a shortage of trained FOI officers, you get the current backlog. Some authorities, like the Northern Ireland government departments, have recently been called out by the ICO for failing to even publish their compliance statistics. You can't fix a problem you refuse to measure.
The silent clampdown and the Data Use and Access Act 2025
The government isn't just ignoring the problem; they're rewriting the rules. The Data (Use and Access) Act 2025 (DUAA), which is coming into full force throughout 2026, is a massive shift in how the UK handles information.
While the DUAA is marketed as a way to "unlock the power of data," it contains several "stop the clock" provisions that make it easier for authorities to delay responses. Under the new rules, if a controller needs more information from you to fulfill a request, they can legally pause the statutory deadline.
- Reasonable Search Limits: The Act clarifies that authorities only need to perform a "reasonable search." This sounds fair, but in practice, it gives departments a legal shield to stop looking for documents once it becomes "too difficult."
- Vexatious Labels: We’re seeing a rise in the use of "Section 14" refusals—labelling requests as vexatious. In mid-2025, over 2,300 requests were flat-out refused because the cost of responding exceeded the limit.
- The "Commission" Transition: The ICO is being rebranded as the "Information Commission." This isn't just a name change; it's a structural overhaul that critics fear will make the regulator less independent and more aligned with the Cabinet Office's priorities.
The ICO's name and shame strategy
The Information Commissioner, John Edwards, hasn't been completely silent. The ICO has moved toward a "firm approach," issuing enforcement notices to bodies that are failing spectacularly.
Take the Foreign, Commonwealth & Development Office (FCDO). In late 2025, they were slapped with an enforcement notice after failing to clear a backlog that had persisted for years. Then there's the London Borough of Redbridge, which was responding to only about 70% of requests on time. The ICO has ordered them to clear their entire backlog by March 2026.
But here’s the problem with the "name and shame" tactic: it doesn't provide more funding. An enforcement notice doesn't magically hire five new FOI officers. It just puts more pressure on the ones who are already drowning.
How to actually get a response in 2026
If you're an individual or a small business trying to navigate this landscape, you need to change your strategy. Sending a broad, sweeping request is now a guaranteed way to get rejected or ignored.
- Be painfully specific: Don't ask for "all correspondence regarding the new bypass." Ask for "the final feasibility report and the minutes of the January 14th planning meeting."
- Use the "Public Interest" argument early: Don't wait for them to bring it up. If your request relates to environmental issues or public spending, state clearly why the public interest in disclosure outweighs any exemption.
- Check the disclosure log first: Many departments are proactively publishing data now to reduce the FOI load. If the data is already out there, they’ll just point you to a link and close your case.
- Reference the 2025 Code of Practice: Public authorities are still bound by the Cabinet Office's Section 45 Code of Practice. Remind them of their duty to provide "advice and assistance" if your request is too broad.
What comes next for transparency
The tension between a cash-strapped government and a public that demands total transparency isn't going away. Scotland is already moving ahead with its own Freedom of Information Reform (Scotland) Bill, which aims to strengthen the system by creating a new offence for destroying information to avoid disclosure.
South of the border, the focus is more on "efficiency" than "access." The government wants to automate FOI processing using AI tools—ironically, the same technology they are using to help draft the very exemptions used to block your requests.
If you have an outstanding request that’s older than 20 working days, your first move should be to request an internal review. Don't wait. If they don't respond to that within 40 working days, head straight to the ICO website and file a formal complaint. The queue is long, but it’s the only way to keep the system honest.
Check the ICO's latest "Practice Recommendations" list to see if the organization you're dealing with is already under scrutiny. Knowing they're on the regulator's radar can give you significant leverage when you're pushing for a response.
