What should I do if an agency ignores my FOIA request and never responds?

A government agency cannot lawfully make a request disappear by staying silent. Under the federal Freedom of Information Act (FOIA) and most state public-records laws, an agency must respond within a defined timeframe. When that deadline passes with no answer, you generally have a clear path forward.

Understand the deadline

Federal agencies are required to make a determination on a request within a set statutory period, with limited extensions for unusual circumstances. Many state laws impose their own response windows. Knowing the deadline that applies to your request tells you when silence becomes a problem rather than a normal delay.

If the deadline has not yet passed, the agency may still be processing your request. Large or complex requests can take time, and a backlog is common.

Confirm and follow up

Before assuming the worst, take a few practical steps:

• Verify the agency actually received your request, and that you sent it to the correct FOIA office.
• Check for any tracking number or acknowledgment you were given.
• Send a polite written follow-up referencing your original request, its date, and any tracking number. Keep a dated copy of all correspondence.

A clear paper trail protects you and often resolves simple oversights.

Treat silence as a denial

When an agency misses the response deadline, the law generally allows you to treat that failure as a “constructive denial.” This is important: it means you usually do not have to wait indefinitely. You may proceed as though the request were denied, which opens the next remedies.

Appeal and seek assistance

If you face a constructive denial, you can typically:

• File an administrative appeal with the agency, in writing, within any stated time limit.
• Contact the agency’s FOIA Public Liaison, who helps resolve disputes and delays.
• At the federal level, seek mediation assistance from the Office of Government Information Services (OGIS), which acts as a FOIA ombudsman.

If administrative steps fail, requesters generally retain the right to pursue the matter in court. Because procedures and deadlines vary by jurisdiction, confirm the rules that govern your specific request.

For background concepts and related guidance, see the FOIA and public records hub.