What to Do When an Illinois FOIA Request Gets No Response
Sources checked October 16, 2026.
If an Illinois public body does not answer your written Freedom of Information Act (FOIA) request, confirm receipt and calculate the response period. Failure to respond on time is generally treated as a denial. You may follow up, request review from the Illinois Attorney General’s Public Access Counselor (PAC), or file a court action. Keep the request and delivery records.
This guide covers ordinary Illinois state and local FOIA requests, not federal FOIA or Open Meetings Act complaints. Special rules apply to commercial-purpose, recurrent, and voluminous requests; PAC review generally excludes commercial requests except challenges to that classification, and does not cover General Assembly requests. Check the statute for these situations.
1. Confirm receipt and count the days
Under section 3 of the Illinois FOIA, a public body generally must comply with or deny a request within five business days after receiving it. The receipt day is excluded, as are Saturdays, Sundays, and Illinois state holidays. The Attorney General’s 2026 PAC report confirms the count starts on the first business day after receipt. 5 ILCS 140/3; 2026 PAC Annual Report, p. 22.
Save the exact request and proof of delivery, such as a portal confirmation, delivery acknowledgment, fax receipt, or postal tracking. Keep your sent email too, but remember that a sent timestamp alone may not establish receipt. If receipt is uncertain, ask the body to confirm it.
For an electronic request, check that the entire request appeared in the email or electronic message body. The statute says a public body need not open an attachment or follow a hyperlink to access a request; if the request is not included entirely in the body, the body must notify you within five business days that it must be submitted in the body. If you receive that notice, resubmit the full request in the message body and keep both messages. Also check for a notice asking you to verify that you are a person. When the body has a reasonable belief the request may not have been submitted by a person, it may request oral or written verification within five business days after receiving the request. The response clock pauses until you verify, and the body may deny the request if you do not verify within 30 days after it asks. The body cannot demand personal, private, or identifying information for this verification. Do not calculate the ordinary response date without accounting for any such notice and your response. 5 ILCS 140/3(c), (j).
2. Check for a lawful extension or changed request
Section 3 allows a public body to extend the initial five-business-day period by up to five additional business days for specified reasons. It must send written notice within the initial five-business-day period, explain the reason, and state when the records will be available or when it will respond. Review the statute’s listed grounds and the notice carefully. 5 ILCS 140/3; 2026 PAC Annual Report, p. 22.
The public body and requester may agree in writing to extend the time to comply. Save the agreement and track the new response date. Section 3(e) says that when the parties agree to extend the compliance period, failures to meet previous deadlines are not treated as a denial. That does not give the body an indefinite extension. Do not assume discussion alone changes a deadline. Note any scope changes or installments and their dates. Special provisions address commercial-purpose, recurrent, and voluminous requests; do not automatically apply the ordinary timeline to them. 5 ILCS 140/3.
3. Send a concise follow-up
If the response date appears to have passed, a short written follow-up can confirm receipt and prompt an answer. It does not replace PAC review or a court filing. Do not assume it restarts or pauses a deadline; keep a copy and note when you sent it.
Subject: Follow-up on FOIA request dated [date]
Dear FOIA Officer,
I am following up on my written FOIA request sent on [date] concerning [brief subject]. My records show it was delivered/received on [date, if known]. [I have received no response or extension notice / I received a notice dated [date], but have not received the response due on [date].] Please confirm receipt and provide the response or status of the request. If you believe an extension or other statutory provision affects the response date, please identify the notice and the date by which you expect to respond.
Thank you, [Name]
Save any reply or extension explanation with the request; record if no reply arrives.
4. Consider Public Access Counselor review
A requester may ask the PAC to review a denial. A failure to respond within the time allowed by section 3 is generally deemed a denial under the statute, subject to exceptions such as an agreed extension. The PAC’s 2026 report states that a written Request for Review must be submitted within 60 calendar days after the final denial or the date the response was due. Do not assume a follow-up, negotiation, or partial response extends the 60-day period. Seek advice promptly if the timeline is complicated. PAC review is generally unavailable for commercial-purpose requests except to challenge that classification, and it cannot review requests to the General Assembly or its committees, commissions, and agencies. 5 ILCS 140/3; 5 ILCS 140/9.5; 2026 PAC Annual Report, p. 27.
The PAC requires a signed written Request for Review. Include the original request, all responses and extension notices, scope-reduction communications, and an explanation of what went unanswered. Include the original even if quoted in a response. No particular format is required. Submit by email to [email protected] or mail to Office of the Attorney General, Public Access Counselor, 500 S. 2nd Street, Springfield, IL 62701. Follow the Attorney General’s submission instructions, which list materials to include. 2026 PAC Annual Report, p. 26.
Signed Request for Review template
Replace the bracketed fields with your facts, delete alternatives that do not apply, and sign the request before sending it. A follow-up is not a required attachment if you did not send one.
To: Public Access Counselor, Illinois Attorney General
I request review under 5 ILCS 140/9.5 of [public body]’s failure to respond to my FOIA request. I sent the request on [date] by [method]; it was received on [date, if known]. The response was due on [date, with any extension, verification notice, or written agreement explained]. As of [date], [I have received no response / describe any response or notice, including an extension or verification notice]. I followed up on [date(s), if applicable]. I ask the Public Access Counselor to review this matter.
[Signature] [Printed name] [Email or mailing address for reply] [Date]
Enclosures: original FOIA request; proof of delivery if available; all responses and extension notices; communications about narrowing or changing scope; follow-up messages.
5. Keep your options open and preserve the record
Section 9.5 sets out PAC review. Seeking PAC review is an option, not a prerequisite to filing a court action. If you file a lawsuit over the same denial while PAC review is pending, you must notify the PAC, and the PAC must stop its review. PAC review does not guarantee release or a particular resolution date. Preserve messages, notices, proof of delivery, and a calendar of relevant dates. Consult a lawyer if the deadline, request category, or next step is uncertain. 5 ILCS 140/9.5; 5 ILCS 140/11(a).
You can use the Request for Review builder to organize a letter; it does not submit anything to the PAC automatically. Check any date it calculates against your actual receipt date, notices, and agreements. The Illinois FOIA directory can help identify the public body.
This guide provides general information, not legal advice.