Article: Friday 12th December 2025, Bevan Brittan - Corporate Partner

A hack for FOIA requests?

As Head of Information Law at Bevan Brittan, I have the dubious pleasure of helping to navigate some of my client’s more “interesting” FOIA requests.  Some requests can place undue pressure on resources that are already stretched, but there may be an exemption that can help with that…

Section 14 of FOIA allows a Local Authority to refuse a request that it considers to be “vexatious”.  The term brings to mind serial requestors, who make personal attacks and use abusive language, but the test for what is vexatious is far simpler, and potentially relevant to a wider range of cases.

A request is vexatious if the burden in dealing with the request outweighs the public value of the information.

Naturally, issues such as whether there is a history of similar requests, the tone and language used in a request and a history demonstrating purpose drift will all be indicators of a high burden, but these are not determinative.

It is entirely possible for a request that is isolated, polite and reasonable to be vexatious if the burden in responding outweighs the public value.

A good example of this is where a commercial company makes a FOIA request asking for details related to a specific contract – usually asking what goods/services are currently provided, when the contract ends, its value etc.  The aim of these requests is nearly always commercial or private – a potential supplier is looking to find information to help make their bid for the goods or services “better” than your existing contract so that you will switch to them. 

Quite often, the burden of dealing with these requests is significant – particularly where you might have to contact an existing supplier to discuss whether elements of the request might prejudice their commercial interests. 

On the other side of the scale, the public value in this type of information is limited.  There is a general value in the public understanding how public funds are spent, but limited value in understanding when your contract for paper towels is ending!

Therefore, it is entirely possible to apply section 14 to these requests.  You do not have to label them as “vexatious,” but simply explain that the burden outweighs the public value in the information being requested.  If the individual is unhappy, they can request an internal review, and explain why the information is in the public interest, and you can then reconsider your position. 

If you are nervous about refusing off the bat, then an alternative approach might be to respond to the requestor and explain that the public value in the information being requested is not obvious, and therefore you are considering whether the burden of responding outweighs the value of the information.  The requestor can then be given the opportunity to argue their case before you make a final determination. 

So, my Christmas present to readers is this – don’t be afraid to use section 14!  It’s there to help with the burden of requests that don’t actually add to the public’s understanding of what you do and how you do it!

Vicki Bowles, Partner, Bevan Brittan