FOI or EIR for London Local Councils

Civil Rights and Equity England 3 Minutes Read ยท published February 02, 2026 Flag of England

In London, England, knowing whether to use the Freedom of Information (FOI) Act or the Environmental Information Regulations (EIR) is essential when requesting council records, planning and bylaw information from a local authority. This guide explains the legal trigger for each regime, practical steps to make a request to a London local council, typical response deadlines, enforcement and appeal pathways, and where to find official forms and contacts. Use this when you need council minutes, licensing or environmental data, or when you are unsure which law covers the information you want.

FOI covers recorded information broadly; EIR applies when the information relates to the environment.

When to use FOI vs EIR

FOI generally covers recorded information held by public authorities. EIR applies to information about the environment, which can include planning, pollution, waste, energy, land use and natural resources. Councils must decide which regime applies when they receive a request and can transfer a request if the other regime is clearly appropriate. For precise guidance on criteria and definitions, consult the Information Commissioners guidance referenced below for FOI and EIR. ICO FOI guidance[1] and ICO EIR guidance[2]

Penalties & Enforcement

Councils must respond under FOI and EIR within statutory timescales (see below); failure to comply can trigger enforcement by the Information Commissioners Office (ICO), internal review requirements and, in some cases, court action. Where penalties or monetary sanctions are specified by the enforcing authority they will appear on the ICO pages cited; if amounts are not listed on those pages the text below notes that explicitly.

  • Response time: FOI requests are normally due within 20 working days; EIR requests are normally due within 20 working days (exceptions may apply for complex cases). [1]
  • Monetary penalties: specific fine amounts for local authority breaches are not specified on the cited ICO pages. [1]
  • Escalation: ICO enforcement can include enforcement notices, orders and other remedies; ranges for first vs repeat sanctions are not specified on the cited page. [1]
  • Non-monetary sanctions: ICO may issue enforcement notices requiring disclosure, information notices, and applications to court for compliance; local councils may face judicial review or other court remedies. [1]
  • Enforcer and complaint route: the primary regulator is the Information Commissioners Office; individuals should request an internal review from the council first, then complain to the ICO if unsatisfied. Details on complaint steps are on the ICO guidance. [1]
  • Appeals and time limits: internal review is the usual first stage; exact statutory time limits for appeals or ICO complaints are not specified on the cited ICO guidance pages. [1]
Start with the councils published FOI/EIR page and ask for an internal review if you are refused.

Applications & Forms

There is no single UK government FOI form; most London councils accept written requests by email or a web form if they publish one. The ICO guidance explains that a request must be clear enough to identify the information and does not require a specific form. Where a council publishes a request form, use that form and follow the councils submission guidance. [1]

Common violations and typical outcomes

  • Late response or no response: may lead to ICO investigation and an enforcement notice. [1]
  • Unlawful refusal to disclose environmental data under EIR: may trigger ICO enforcement and ordered disclosure. [2]
  • Failure to provide recorded information or redaction without lawful basis: can be reviewed by ICO and the courts. [1]

FAQ

What is the difference between FOI and EIR?
FOI covers a broad range of recorded public-sector information; EIR specifically covers environmental information such as pollution, planning, waste and land use. The council must apply the correct regime when you make a request.
How do I make a request to my London council?
Send a clear written request naming the information and providing contact details; use the councils published FOI/EIR web form if available and request an internal review if refused.
How long will the council take to reply?
Both FOI and EIR normally require responses within 20 working days, subject to statutory exceptions and extensions for complex requests.

How-To

  1. Identify whether the information is environmental (EIR) or general public information (FOI).
  2. Find the councils FOI/EIR page and submit a clear written request by the method they publish (email or web form is common).
  3. Wait for the council response within 20 working days; if refused, ask for an internal review following the councils procedure.
  4. If the internal review upholds a refusal, file a complaint with the ICO using the ICO complaint process.

Key Takeaways

  • Use FOI for general council records and EIR for environmental information.
  • Councils normally have 20 working days to respond.
  • If refused, request an internal review, then complain to the ICO.

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