The FOIA Appeal Process

A Freedom of Information Act response isn’t necessarily the last word. If an agency denies a request, withholds records under an exemption, or says it can’t find responsive records, the requester has the right to challenge that decision.

Step 1: The administrative appeal

The first recourse is an administrative appeal filed with the agency. A requester can appeal:

• A full or partial denial (records withheld under one of the nine exemptions).
• An adequacy-of-search determination (the requester believes more records exist).
• Other adverse determinations — fee categories, denial of a fee waiver, or denial of expedited processing.

Appeals generally must be filed within a set time after the agency’s response, and the agency must decide them within a statutory period (commonly 20 business days). A different official typically reviews the appeal.

Step 2: Mediation through OGIS

The Office of Government Information Services (OGIS) at the National Archives is the federal FOIA ombudsman. It offers mediation — a non-exclusive, no-cost way to resolve disputes between requesters and agencies without going to court. Requesters can contact OGIS for assistance at various points in the process.

Step 3: Litigation

If administrative remedies are exhausted (or the agency misses its deadlines), a requester may file suit in federal court. The court reviews the matter de novo, and the agency bears the burden of justifying any withholding under a specific exemption. Courts can order records released and, in some cases, award attorney’s fees.

Why recordkeeping underlies all of it

Many appeals turn on whether the search was adequate — which depends entirely on how well the agency’s records are organized and findable. Strong records management reduces disputes by making complete, timely, defensible responses possible the first time. See the FOIA and public records hub for the full process.