### 1. Comparison of Time Limits in the FOI Request Process in Spain and the UK
Your description of the Spanish process is partially accurate but has some inaccuracies based on the current provisions of Ley 19/2013, de 9 de diciembre, de transparencia, acceso a la información pública y buen gobierno. The public body does **not** have 3 months for the initial reply; it has a maximum of 1 month (extendable by another month for complex requests), after which administrative silence is considered a denial (desestimación por silencio administrativo). You do have 1 month to appeal to the Consejo de Transparencia y Buen Gobierno (CTBG), and the CTBG has up to 3 months to resolve, with silence also treated as a denial. From there, you have 2 months to appeal to the contentious-administrative jurisdiction (vía contencioso-administrativa), which aligns with general administrative law under Ley 29/1998.
For the UK, the process is governed by the Freedom of Information Act 2000 (FOIA). Public authorities have 20 working days to respond initially. There is no fixed “administrative silence” concept as in Spain; non-response is a breach, and you can escalate immediately. Appeals involve an optional internal review, then a complaint to the Information Commissioner’s Office (ICO), followed by tribunals and potentially higher courts (e.g., Upper Tribunal or Court of Appeal; the High Court is typically for judicial review in exceptional cases, not standard FOI appeals).
Below is a comparison table of the key time limits. Note that “working days” in the UK exclude weekends and public holidays, while Spanish limits are calendar months unless specified.
| Stage | Spain (Ley 19/2013) | UK (FOIA 2000) |
|——-|———————|—————|
| **Initial Response by Public Body/Authority** | Maximum 1 month from receipt of request; extendable by 1 month for volume/complexity. Silence after deadline = denial (desestimada). | 20 working days from receipt. Extendable “reasonably” for public interest test (ICO guidance: total usually not over 40 working days). No formal silence rule; non-response allows immediate escalation. |
| **Appeal/Internal Review** | Optional appeal (reclamación potestativa) to CTBG within 1 month of notification or silence. CTBG must resolve in maximum 3 months; silence = denial. | Optional internal review request (no strict deadline to request, but promptly). Authority should respond in 20 working days (max 40 in exceptional cases). |
| **Further Appeal/Complaint to Oversight Body** | Not applicable (CTBG is the oversight body). | Complaint to ICO (no strict deadline, but as soon as possible after internal review). ICO has no statutory resolution time but aims to allocate cases within 30 days and resolve simple ones in 3 months, complex in 6 months (backlogs can extend this). |
| **Judicial/Tribunal Appeal** | Recurso contencioso-administrativo to courts within 2 months of CTBG resolution/silence (or directly, bypassing CTBG). | Appeal ICO decision to First-tier Tribunal (Information Rights) within 28 calendar days. Further appeals to Upper Tribunal (with permission), then Court of Appeal. High Court is for judicial review of procedural errors, not standard appeals (time limit: 3 months from decision). |
### 2. Time Limits for Filing an RPE (Responsabilidad Patrimonial del Estado) Claim in Spain
Under Ley 40/2015, de 1 de octubre, de Régimen Jurídico del Sector Público (Capítulo IV), and supported by Ley 39/2015, de 1 de octubre, del Procedimiento Administrativo Común, the process for claiming state liability for damages (RPE) is as follows:
– **Time to File the Claim**: You must file the claim with the infringing public body within 1 year from the date you knew (or should have known) about the damage and its causal link to the public service/action/omission.
– **Resolution Time by the Public Body**: The administration has a maximum of 6 months to resolve the claim from the filing date.
– **Effects of Administrative Silence**: If no resolution is issued within 6 months, silence is treated as a denial (desestimatoria or contraria a la indemnización). This is specific to RPE procedures under Article 91.3 of Ley 39/2015 (not 3 months, as you mentioned).
– **Next Steps if Denied or Silent**: You must appeal to the contentious-administrative jurisdiction (vía contencioso-administrativa) within 2 months from the notification of denial or from the day after the 6-month silence period ends. There is no mandatory intermediate administrative appeal for RPE claims; you go directly to court after the initial resolution/silence.
_Aviso legal: Grok no es abogado; por favor, consulta a uno. No compartas información que pueda identificarte._