FOI & EIR Requests - 20 Working Days in Liverpool
In Liverpool, England, individuals and organisations can use the Freedom of Information (FOI) Act 2000 and the Environmental Information Regulations (EIR) 2004 to request recorded information from Liverpool City Council and other public bodies. These regimes set out when to use FOI or EIR, the standard 20 working day response timeframe for straightforward requests, and routes if you are unhappy with a response. This guide explains when to use each regime, how to make a valid request to Liverpool City Council, key deadlines, complaint and appeal routes, and practical next steps for applicants and public bodies handling requests.
When to Use FOI or EIR
Use FOI for general recorded information held by public authorities unless the information is environmental in nature, in which case EIR usually applies. Environmental information covers topics such as air, water, land, biological diversity, pollution and activities affecting the environment. If in doubt state on the request that you seek either FOI or EIR disclosure, and ask the council to confirm the applicable regime.
Response Times and Extensions
Under the Freedom of Information Act 2000, public authorities must comply promptly and no later than 20 working days from receipt of a valid request.[1] The Environmental Information Regulations also generally require responses within 20 working days, subject to specified exceptions and permitted extensions under the regulations.
- Standard deadline: 20 working days for FOI and normally 20 working days for EIR.
- Extensions: EIR may allow an extension in exceptional circumstances; check the council's EIR guidance for details.
- Receipt date: the clock starts when the council receives a clear, valid request and any necessary clarification.
Penalties & Enforcement
Enforcement for non-compliance is primarily carried out by the Information Commissioner's Office (ICO), which can issue decision and enforcement notices requiring disclosure or other corrective action. Liverpool City Council is responsible for handling requests, carrying out internal reviews and responding to complaints. Specific monetary fine amounts and daily penalty scales are not specified on the Liverpool City Council FOI pages cited below; see the ICO and primary legislation for enforcement powers and remedies.[2]
- Fines/monetary penalties: not specified on the cited Liverpool City Council page.
- Escalation: internal review by the council, then complaint to the ICO; criminal sanctions apply to intentional destruction or concealment under primary legislation if proven.
- Non-monetary sanctions: ICO decision notices and enforcement notices ordering disclosure or remedial action.
- Enforcer and contacts: Information Commissioner's Office handles external complaints; Liverpool City Council Information Governance handles initial requests and reviews.
- Appeals/review: request an internal review first from the council; if unresolved, complain to the ICO. Time limits for ICO complaints are not specified on the council page cited.
- Defences/discretion: exemptions and exceptions (e.g., prejudice to law enforcement, commercial sensitivity, or where disclosure would adversely affect interests) may apply; EIR has different exception tests and public interest balancing.
Common Violations and Typical Outcomes
- Late or no response: internal review then ICO complaint; monetary amounts not specified on the council page.
- Failure to apply correct regime (FOI vs EIR): internal review and ICO decision may direct correct handling.
- Unlawful redaction or withholding: ICO decision notices ordering disclosure in some cases.
Applications & Forms
Requests can usually be made in writing, by email or by online form where provided. Liverpool City Council publishes guidance on how to make an FOI or EIR request and where to send it; specific named forms and fees are not required for standard FOI requests unless a charge is applied under cost-limits or for EIR handling charges (see council guidance for fees and submission addresses).[2]
- How to apply: send a clear written request stating you are making a request under FOI or EIR and describing the information sought.
- Fees: FOI is normally free subject to cost limits; EIR may allow charges—refer to the council page for specifics.
- Submission: email or postal addresses and any online form are published on the council FOI pages.
Practical Action Steps
- Draft: describe precisely what recorded information you want and whether you consider it environmental.
- Send: submit by the council's published email, online form or postal address.
- Record: note the date the council received your request to track the 20 working day deadline.
- Review: if refused or partially withheld, request an internal review promptly; if still unsatisfied, complain to the ICO.
FAQ
- How long will Liverpool City Council take to answer my FOI request?
- The standard legal deadline is 20 working days from receipt for FOI and normally 20 working days for EIR, subject to permitted extensions and clarifications.[1]
- Do I have to pay to make an FOI request?
- Most FOI requests are free unless the council applies a charge because costs exceed the statutory limit; EIR allows for charges in some cases—check the council guidance for any published fees.[2]
- What if the council refuses to release information?
- Ask for an internal review from Liverpool City Council; if still dissatisfied, you can complain to the Information Commissioner’s Office for independent review and enforcement.
How-To
- Identify clearly whether your request is for general recorded information (FOI) or environmental information (EIR).
- Write a concise request describing the records or data you want and include your contact details.
- Submit the request using the Liverpool City Council email, online form or postal address published on the council site.
- Note the date received and allow 20 working days for a response; follow up if you do not receive an acknowledgement.
- If refused or partially refused, request an internal review from the council within any council-stated time; then complain to the ICO if unresolved.
Key Takeaways
- FOI and EIR normally require responses within 20 working days.
- Start with an internal review at Liverpool City Council, then complain to the ICO if needed.
Help and Support / Resources
- Liverpool City Council - Freedom of Information
- Legislation.gov.uk - Freedom of Information Act 2000, s10
- Information Commissioner's Office - Official information and FOI/EIR guidance
- Liverpool City Council - Planning and Building