UK government considerring reducing FOI request cost cap

The UK government is considering reducing the cost ceiling for processing requests under the Freedom of Information Act 2000 (FOIA). The proposal follows a significant rise in annual requests, which reached a record 83,041 across central government in 2024, an 18% increase from the previous year. Much of this growth is attributed to the transfer of millions of historic service personnel records to the National Archives.

Current regulations set a cost threshold of £600 for central government and £450 for other public bodies, calculated at a flat rate of £25 per hour. Officials suggest that constrained Whitehall budgets and civil service headcount reductions are making it increasingly difficult to sustain the system, which is estimated to cost tens of millions of pounds annually. While some believe artificial intelligence (AI) could eventually lower costs, others warn it may lead to even higher request volumes.

Transparency campaigners have strongly opposed the proposals, arguing that lowering the threshold would exclude valid and important requests. Critics suggest that the perceived high costs are often linked to politically sensitive disclosures that require extensive internal discussion. However, organisations such as Transparency International UK have called for the government to reduce costs by proactively publishing data rather than restricting access. Although multiple previous administrations have examined similar restrictions, such proposals have historically been shelved due to concerns over undermining public rights to government-held data.

The move follows reports that the government is concerned that China could be using FOI to gather unclassified information in order to reveal sensitive information. Officials believe they have identified a pattern of requests related to UK defence and national security.

Meanwhile, an investigation by Democracy for Sale has revealed that UK government departments spent over £1 million on legal fees to contest FOI requests during 2024 and 2025. These figures, which reflect costs for cases taken to the Information Tribunal, are considered an underestimate as several departments failed to disclose their spending. The Cabinet Office was the largest spender, allocating £318,000 to legal fees, followed by the Department of Health and Social Care at £208,000 and the Department for Work and Pensions at £144,000.

The report highlights that contested requests included those from families affected by the infected blood scandal and journalists investigating peerage appointments.

Transparency across Whitehall has reached its lowest recorded level, with departments granting only 29% of requests in full during 2024. This is without efforts to amend the FOI request cost cap. 

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