public-service · FOIA appeal and mediation
After a FOIA Denial: The Appeal and Mediation Path
After a federal FOIA denial, the record describes a free agency appeal, a 20-day decision window, and OGIS mediation as an alternative to litigation.
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Updated: Sources: 3
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What matters now
- You can appeal a FOIA denial directly to the agency at no cost.
- By statute, agencies must decide a FOIA appeal within twenty days, excluding weekends and legal holidays.
- After the appeal is complete, requesters may seek OGIS mediation as an alternative to litigation.
- OGIS was created by the OPEN Government Act of 2007 and also serves as the FOIA Ombuds.
If a federal agency denies your Freedom of Information Act (FOIA) request, the published federal record describes two next steps: a free administrative appeal to the agency, and, once that appeal is complete, mediation through the Office of Government Information Services (OGIS). This article covers only that these paths exist and how the government describes them — not what outcome to expect if you use them, and it takes no position on whether you should appeal, pursue mediation, or take any other action, since that depends on facts specific to each request.
This original record-reading guide is a general reading aid, not cited evidence. It does not depict a source record; the article text and source links provide the facts.
Key points
- You can appeal a FOIA denial directly to the agency, at no cost, typically by letter or email to the agency’s designated appeal authority. (FOIA.gov FAQ)
- By statute, the agency must decide a FOIA appeal within twenty days, excepting Saturdays, Sundays, and legal public holidays, after it receives the appeal. (5 U.S.C. § 552, DOJ OIP)
- After the administrative appeal is complete, a requester may seek mediation from OGIS, a National Archives office, as an alternative to litigation. (FOIA.gov FAQ; OGIS, National Archives)
- OGIS was created by Congress through the OPEN Government Act of 2007, which amended FOIA, and it also serves as the FOIA Ombuds. (FOIA.gov FAQ; OGIS, National Archives)
How to appeal a FOIA denial
According to FOIA.gov’s official FAQ, appealing an initial denial does not require a formal filing or a fee:
“Typically, all you need to do is send a letter or e-mail to the designated appeal authority of the agency stating that you are appealing the initial decision made on your request. There is no fee or cost involved.” — FOIA.gov FAQ
This article does not list any specific agency’s appeal contact information.
The statutory decision window
The FOIA statute, as published by the Department of Justice Office of Information Policy, sets a fixed clock on how long an agency has to decide an appeal once it is received:
“make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal.” — 5 U.S.C. § 552, DOJ OIP
Mediation through OGIS after the appeal
Once the administrative appeal process is complete, FOIA.gov describes a separate, non-litigation option:
“The Office of Government Information Services (OGIS) offers mediation services to resolve disputes between FOIA requesters and agencies as an alternative to litigation.” — FOIA.gov FAQ
OGIS itself, on its National Archives page, describes its mission and role in similar terms:
“Our mission also includes resolving FOIA disputes between federal agencies and requesters.” — OGIS, National Archives
“we also serve as the FOIA Ombuds” — OGIS, National Archives
Mediation is described here only as an alternative to litigation, as the government’s own sources frame it; this article does not discuss litigation itself, compare it to mediation, or state which path is faster, cheaper, or more likely to succeed.
Where OGIS came from
OGIS is not a court or a private mediator; it is a federal office with a specific statutory origin. FOIA.gov states that OGIS:
“was created by Congress as part of the OPEN Government Act of 2007, which amended the FOIA.” — FOIA.gov FAQ