FOI vs EIR in London - 20 Working Days
In London, England, public information requests are usually made under the Freedom of Information Act 2000 (FOI) or the Environmental Information Regulations 2004 (EIR). Which regime applies affects response time, exceptions, and appeal routes; this guide explains differences, 20 working day timelines, how to submit requests to London public bodies, enforcement pathways and practical steps for local residents and businesses.
When to use FOI or EIR
FOI covers recorded information held by public authorities in England, including Greater London Authority bodies and most London borough councils. The GLA sets out its FOI approach and how to submit requests on its transparency pages: GLA Freedom of Information[1].
EIR applies specifically to environmental information, often providing a quicker presumption of disclosure and different exceptions; the national implementing instrument is on the UK legislation site: Environmental Information Regulations 2004[3].
The Information Commissioner regulates both FOI and EIR compliance and publishes sector guidance, decision notices and appeals guidance for requesters and authorities: ICO FOI guidance[2].
Key practical differences
- Subject: FOI - recorded public information; EIR - information about the environment and environmental policies.
- Timescale: FOI normally 20 working days; EIR usually 20 working days but can differ where consultations apply.
- Exceptions: FOI has a public interest test for many exemptions; EIR exceptions are narrower and typically require stronger reasons to refuse.
Penalties & Enforcement
Enforcement and sanctions for non-compliance are overseen by the Information Commissioner for England. The ICO can issue decision notices requiring disclosure and will publish enforcement notices; monetary fines specifically for FOI or EIR breaches are not specified on the cited page and the ICO guidance should be consulted for powers and remedies.[2]
- Fine amounts: not specified on the cited page for FOI/EIR enforcement; see the ICO page for specific powers and outcomes.[2]
- Escalation: typical process is internal review by the authority, then ICO complaint and decision notice; specifics of graduated fines or per-day penalties are not specified on the cited pages.[2]
- Non-monetary sanctions: enforcement notices, required disclosure, and publicity of ICO decisions; court action is possible to enforce notices.
- Enforcer and complaints: complain to the authority first, then the ICO if unresolved; see ICO complaint routes for forms and contact details.[2]
- Appeals and time limits: appeal to the ICO via complaint; judicial review or court challenges follow ICO decisions; time limits vary and are "not specified on the cited page" for all judicial routes—check the ICO and legislation pages for precise deadlines.[2]
Applications & Forms
Most London public authorities do not require a formal form for FOI or EIR requests; a clear written request with name, contact details and description of the information is sufficient. The Greater London Authority and ICO pages explain how to make a valid request and contact addresses. If a specific authority publishes a request form, it will be on that authority's FOI page.[1]
- Required content: your name, contact, a clear description of the recorded information sought, and whether you want electronic or paper copies.
- Fees: authorities may charge for reproduction under FOI but specific fees are determined by the authority; check the authority's FOI policy.
- Submission: email or postal addresses are listed on each authority's FOI page; use the authority's published contact point where available.
Action steps
- Decide which regime applies: FOI for general recorded info, EIR for environmental topics.
- Send a clear written request to the authority's FOI/EIR contact and keep a copy.
- If refused, request an internal review, then complain to the ICO if unresolved.
FAQ
- How long does a London public authority have to respond?
- Typically 20 working days for both FOI and EIR, though EIR can have specific consultation allowances; check the authority guidance and the ICO for details.
- Do I have to say why I want the information?
- No, you do not have to give reasons for an FOI request; for EIR you also do not need to justify the request but context can help locate records.
- What if the authority refuses my request?
- Ask for an internal review, then complain to the Information Commissioner if you remain dissatisfied.
How-To
- Identify the public authority in London that holds the information and find its FOI/EIR contact details.
- Draft a clear request specifying the information, date ranges and preferred format.
- Send the request by email or post and note the date of submission.
- If refused, request an internal review within the authority within its stated deadline.
- If still unresolved, file a complaint with the Information Commissioner and follow published ICO guidance.
Key Takeaways
- Use FOI for general recorded public information and EIR for environmental information.
- Expect a 20 working day response as the standard timeline in London.
Help and Support / Resources
- GLA Freedom of Information
- ICO guide to FOI
- Environmental Information Regulations 2004
- City of London FOI