FOI vs EIR: Which to Use - Liverpool Council Law

Taxation and Finance England 4 Minutes Read · published February 12, 2026 Flag of England

In Liverpool, England you may need to decide whether to submit a request under the Freedom of Information Act (FOIA) or the Environmental Information Regulations (EIR). FOI generally covers recorded information held by public authorities, while EIR covers environmental information such as pollution, planning decisions and environmental permits. This guide explains when each regime applies, the 20 working day response timeframe, how Liverpool City Council accepts requests and the routes for review and appeal.[1]

Choose EIR where the subject is environmental information about air, water, land, planning or permits.

When to use FOI or EIR

Deciding which route to use matters because different exceptions, charging rules and internal procedures apply.

  • FOI: requests for recorded information held by the council that is not specifically environmental in scope.
  • EIR: information on the state of the environment, emissions, pollution, planning decisions impacting environment, and related permits.
  • If in doubt, describe the information sought and the council will consider whether FOI or EIR applies.

Timeframes

Both FOI and the EIR ordinarily require a response within 20 working days from receipt of the request; specific statutory provisions set the time limit for FOI requests.[3] EIR timescales and any allowed extensions are described in ICO guidance for environmental information.[2]

Penalties & Enforcement

Enforcement of FOI and EIR compliance sits with the Information Commissioner (ICO) and the council must follow decision and enforcement notices issued by that office. The official enforcement and sanction details on the cited ICO page do not list routine fixed fines for simple failure to respond and instead describe notices and orders; where financial penalties apply they are set out in statute or ICO enforcement policy and may vary by case, or are not specified on the cited page.[2]

  • Fine amounts: not specified on the cited page for routine FOI/EIR non-response; see ICO enforcement guidance for details.[2]
  • Escalation: first failures normally lead to internal remedy requests and ICO decision notices; repeat or serious breaches may trigger stronger action, but specific ranges are not specified on the cited page.[2]
  • Non-monetary sanctions: enforcement notices, decision notices requiring disclosure, and court action to enforce compliance are available.
  • Enforcer and complaints: the Information Commissioner enforces FOI and EIR; Liverpool City Council handles initial requests and internal reviews. Use the council contact page to submit requests or complaints.[1]
  • Appeals/review: request an internal review from the council, then appeal to the ICO if unsatisfied; statutory time limits for ICO complaints are set out in ICO guidance and legislation references.
Ask for an internal review from Liverpool City Council first, then complain to the ICO if you remain dissatisfied.

Applications & Forms

Liverpool City Council provides guidance and a webform or email contact for FOI/EIR requests; there is no separate national FOI form requirement. For council-specific submission methods and contact details see the council transparency and FOI pages.[1]

Common violations and typical outcomes

  • Failure to respond within 20 working days — outcome: internal review, ICO decision notice; monetary penalty not specified on cited page.[2]
  • Unlawful withholding of environmental data — outcome: ICO enforcement/decision notice and required disclosure.
  • Charging for information under the wrong regime — outcome: direction to refund or adjust charge.

FAQ

How long does Liverpool City Council have to respond to my request?
The statutory timeframe is 20 working days for ordinary FOI requests and for EIR a 20 working day limit also applies subject to limited exceptions and extensions.[3]
Can the council charge for providing information?
Yes in some circumstances: FOI allows a reasonable charge for disbursements and staff time under cost limits, and EIR has separate charging rules; check the council guidance and ICO pages for specifics.[1]
What if my request is refused?
Ask for an internal review from Liverpool City Council then, if still unhappy, complain to the ICO for a decision notice.

How-To

  1. Decide whether the subject is environmental (EIR) or general recorded information (FOI).
  2. Prepare a clear request describing the information sought and include contact details.
  3. Submit via Liverpool City Council's webform or FOI contact email as described on the council page.[1]
  4. Wait up to 20 working days for a response; if an extension is applied the council should explain the reason.
  5. If refused, request an internal review, then appeal to the ICO if necessary.
Provide precise dates, locations or file references in your request to speed searches.

Key Takeaways

  • Choose FOI for general council records and EIR for environmental information.
  • Expect a statutory 20 working day response period for both FOI and EIR.
  • Use Liverpool City Council's published contact routes and ask for an internal review before contacting the ICO.

Help and Support / Resources

  1. [1] Liverpool City Council - Freedom of Information
  2. [2] Information Commissioners Office - Guide to the Environmental Information Regulations
  3. [3] Freedom of Information Act 2000, s.10 - Time for compliance

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