7 Common FOI Request Mistakes That Lead to Denials And How to Fix Them

Common FOI Request Mistakes That Lead to Denials

Introduction: Why Most FOI Requests Fail (FOI Request Mistakes)

The Freedom of Information (FOI) Act serves as a crucial transparency tool, yet government agencies reject approximately 60% of requests due to preventable errors. Journalists, researchers and engaged citizens can significantly improve their approval rates by avoiding these seven common pitfalls.

FOI Request Mistakes

Mistake #1: Contacting the Wrong Government Agency

The Problem: Agencies automatically reject misdirected requests.

The Solution:

  • Research which department maintains your desired records
  • Example: Request teacher salary data from the Ministry of Education rather than Finance
  • Verify jurisdiction boundaries for local vs federal requests

Resource: Official FOI Request Guidelines 

Mistake #2: Submitting Overly Broad Requests

The Problem: Requests like “All documents about healthcare spending” get denied.

Professional Solution:

“I request the finalized 2024 budget for Lagos State primary healthcare centers, including equipment purchase contracts between January-March 2024.”

Pro Technique: Apply the SMART criteria – Specific, Measurable, Actionable, Relevant, Time-bound.

Mistake #3: Informal Submission Methods

The Problem: Verbal requests or casual emails lack legal standing.

Correct Approach:

  1. Use formal letter format with your contact information
  2. Include specific subject line: “FOI Request: 2024 Road Construction Contracts”
  3. Cite the relevant FOI legislation
  4. Reference the mandated response timeline

Mistake #4: Failing to Document Submission

The Problem: No paper trail prevents appeals.

Best Practices:

  • Certified mail with return receipt
  • Email read receipts
  • Detailed submission log (date/time/recipient)

Legal Protection: Courts require proof of submission for appeals.

Mistake #5: Not Challenging Improper Denials

The Problem: Most applicants accept first rejections.

Appeal Process:

  1. Formal follow-up citing FOI Act provisions
  2. Request internal review within 30 days
  3. Escalate to ombudsman or court if needed

The Problem: Not all information is disclosable.

Key Exemptions:

  • National security matters
  • Active law enforcement cases
  • Personal privacy protections

Solution: Request the specific exemption clause cited.

Mistake #7: Missing Appeal Deadlines

Critical Timeline:

  • Most jurisdictions allow 30 days for appeals
  • Calendar reminders are essential
  • Use registered mail for documentation

FOI Request FAQ Section

How long do agencies have to respond?
Typically 7-14 working days, extendable for complex requests.

Can I access government officials’ emails?
Yes, unless containing exempt personal/classified content.

Key Actionable Takeaways

  1. Target the precise records-holding department
  2. Craft specific, professional requests
  3. Maintain meticulous submission records
  4. Persist through proper appeal channels

Discussion Prompt: What challenges have you faced with FOI requests? Share your experiences below.

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