2nd September 2025
National Freedom of Information Campaigner, Alan M Dransfield, has sounded the alarm over what he calls a “serious flaw” in the UK’s Freedom of Information (FOI) system – accusing the Information Commissioner’s Office (ICO) of investigating its own refusals.
In a letter sent to Reform UK leader Richard Tice, Mr Dransfield highlighted how the ICO, which regulates compliance with the Freedom of Information Act 2000, also counts as a “public authority” under the same law. This means that when members of the public submit FOI requests to the ICO about its own decisions, spending, or case-handling, the ICO can both refuse the request and then act as the final arbiter of any complaint about that refusal.
“This is the equivalent of the ICO marking its own homework,” Mr Dransfield said. “It undermines transparency and accountability, and erodes public trust in the very body tasked with upholding the public’s right to know.”
In his briefing note, he outlines options for reform, including transferring oversight of ICO-related FOI complaints to an independent body such as the Parliamentary Ombudsman, or amending the law to close the loophole.
Mr Dransfield has urged Mr Tice to raise the matter with the Secretary of State for Justice and the relevant Parliamentary Committee, warning that without reform, the credibility of the UK’s information watchdog is at risk.
“This isn’t a technical quibble,” he said. “It goes to the heart of whether citizens can hold regulators – and government itself – to account.”
The ICO has yet to respond publicly to the concerns.
