FOI vs EIR for London Bylaws

Business and Consumer Protection England 3 Minutes Read · 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) matters for accessing council records, planning and environmental data. This guide explains which regime applies, the 20 working-day response expectation, practical steps to submit requests to London municipal bodies, and how to complain or appeal when a request is refused or delayed.

Use FOI for general public authority records and EIR for environmental data.

Which law applies: FOI or EIR?

FOI covers recorded information held by public authorities unless an exemption applies; EIR covers environmental information such as air, water, land, planning, and emissions where the information meets the EIR definition. When a request concerns environmental matters, public authorities often treat it under the EIR because the threshold and exceptions differ from FOI.

Key deadlines - 20 working days

Both FOI and EIR generally expect a response within 20 working days from the date of receipt of a valid request; some EIR cases can allow a limited extension for complex searches or consultations. Check the relevant authority's procedure before applying.

How to make a request

Make requests clearly, state whether you prefer FOI or EIR if you believe one applies, give a contact email or postal address, and describe the information sought precisely. Many London authorities publish a web form and contact details for FOI/EIR requests; see your authority's guidance and the ICO for national guidance[1][2][3].

Penalties & Enforcement

Enforcement and remedies differ from criminal fines for most disclosure matters; the Information Commissioner can investigate complaints and issue enforcement notices. Specific financial penalty amounts for failing to respond to FOI/EIR requests are not consistently listed on the cited enforcement or guidance pages and are therefore not specified on the cited page.

  • Enforcer: the Information Commissioner (ICO) handles complaints about FOI/EIR compliance and may issue enforcement notices or recommend disclosure.
  • Complaint pathway: first request an internal review from the relevant London authority, then complain to the ICO if unresolved.
  • Fine amounts: not specified on the cited page.
  • Appeals: after an ICO decision, requesters may apply to the First-tier Tribunal (Information Rights); specific statutory time limits are not specified on the cited pages.
  • Escalation: authorities may issue internal reviews, ICO investigations, and Tribunal proceedings; precise escalation fines or daily rates are not specified on the cited pages.
  • Defences and discretions: public authorities can rely on statutory exemptions or exceptions such as public interest tests, confidentiality or ongoing enforcement cases.
Start with the authority's internal review before contacting the ICO.

Applications & Forms

Many London authorities accept written or online FOI/EIR requests and publish a request form or contact email; where a dedicated form is provided, use it to speed handling. If no official form is provided, a clear written request by email or post is sufficient. For authority-specific submission details, see the local FOI/EIR guidance and the ICO guidance referenced below.

Common violations and typical outcomes

  • Failure to respond within 20 working days — may lead to ICO complaint and investigation.
  • Wrongly refusing to disclose environmental information under FOI rather than EIR — may lead to ordered disclosure on review.
  • Withholding information citing an incorrect exemption — may be overturned on ICO review.
Document your request and keep sent copies to support any complaint.

How-To

  1. Identify whether the material is environmental (EIR) or general public information (FOI).
  2. Prepare a concise request describing the information, date ranges, and preferred format.
  3. Submit the request using the authority's published FOI/EIR form, email or postal address.
  4. Allow 20 working days for a response; if no reply, ask for an internal review.
  5. If internal review is unsatisfactory, complain to the ICO and consider Tribunal appeal after the ICO decision.
Keep requests narrow to reduce processing time and exemptions.

FAQ

Do I get charged for FOI or EIR requests?
No standard fee applies for FOI or EIR requests for information; where costs apply for copying or postage some authorities may charge under published schemes.
How long does a London council have to respond?
Generally 20 working days for both FOI and EIR, though EIR allows limited extensions in complex cases.
Can I ask for environmental data under FOI?
You can, but environmental information is commonly handled under the EIR which has different exceptions and may increase the chance of disclosure.

Key Takeaways

  • Use EIR for environment-related records and FOI for other public authority records.
  • The typical response target is 20 working days from receipt.
  • Start with an internal review at the authority, then the ICO, then Tribunal if needed.

Help and Support / Resources

    Categories

    General Governance and Administration Public Safety Public Health and Welfare Land Use and Zoning Housing and Building Standards Transportation Environmental Protection Parks and Public Spaces Business and Consumer Protection Taxation and Finance Labor and Employment Education Civil Rights and Equity Elections and Campaign Finance Events and Special Uses Signs and Advertising Utilities and Infrastructure Technology and Data