FOI vs EIR in London - 20 Working Days Guide

In London, England, knowing whether to use the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004 (EIR) affects deadlines, exemptions and appeal routes for requests to local and city public bodies. This guide explains the practical test for which regime applies, the 20 working day time limit for responses, how to request internal reviews, and when to complain to the Information Commissioner. It is written for residents, journalists and local businesses dealing with borough councils, the Greater London Authority and other public authorities based in London.

When to Use FOI and When to Use EIR

FOI covers recorded information held by public authorities unless a statutory exemption applies; EIR applies specifically to recorded environmental information about factors such as air, water, soil, noise, land use, emissions and related policies. EIR has a distinct public interest consideration and can require disclosure even where FOI might allow an exemption. EIR public authorities must respond as soon as possible and no later than 20 working days after receipt of a request ^[2], while FOI requests are normally answered within 20 working days under the FOIA framework ^[1].

How to Make a Request

Requests can be made in writing or by email to the public authority holding the information; you do not need to mention the FOIA or EIR text. Be clear, reasonably specific and include contact details. Save a copy of the request and note the date received by the authority.

1. State the information you want and include a date or date range.
2. Send the request to the authority's published FOI/EIR contact or central information governance address.
3. Keep a copy and note when the authority acknowledged receipt.

Penalties & Enforcement

Enforcement is led by the Information Commissioner (ICO) for England, Wales and Northern Ireland. Official ICO guidance sets out decision notices, enforcement notices and regulatory powers; specific monetary fine amounts for FOI/EIR non-compliance are not specified on the cited ICO pages and are generally not fixed as administrative daily fines for late responses on those pages ^[2]. The ICO can require disclosure by issuing an enforcement notice and can take further regulatory action where an authority fails to comply.

• Fine amounts: not specified on the cited page ^[2].
• Escalation: decision notice, enforcement notice, compliance steps; specific escalation monetary ranges are not specified on the cited page ^[2].
• Non-monetary sanctions: enforcement notices ordering disclosure, statutory directions, and potential court action to compel compliance.
• Enforcer and complaints: the Information Commissioner enforces FOI and EIR; if unsatisfied after an authority response or internal review you may complain to the ICO ^[3].
• Common violations: late responses, incorrect refusal citing exemptions, failure to conduct an internal review; typical remedy is a decision or enforcement notice rather than a predefined fine.

Applications & Forms

Most public authorities accept FOI and EIR requests by email or web form; no single national form is mandatory. Some London authorities publish a local FOI request form on their website, but a written email request is sufficient in law ^[1].

Appeals, Time Limits and Defences

First request an internal review from the public authority. If you remain dissatisfied you may complain to the ICO; the ICO guidance sets out complaint procedures and typical time limits for bringing a complaint to the regulator ^[3]. Many ICO pages state you should complain within a set period from the authority's final response; if the page does not list a precise deadline, it is best practice to complain promptly and within three months where guidance indicates that timeframe on ICO pages. Authorities can rely on statutory exemptions, commercial sensitivity or data protection as defences; EIR contains its own exceptions and public interest tests.

Action Steps

• Identify the public authority and its FOI/EIR contact details and submit a clear written request.
• Note the date received and expect a response within 20 working days for FOI/EIR ^[1][2].
• If refused, request an internal review, then complain to the ICO if still unsatisfied ^[3].
• If the ICO issues an enforcement notice, follow payment or compliance instructions on the authority's or ICO's decision notice if applicable.

FAQ

Which is right for my request, FOI or EIR?

Use EIR for environmental information (air, water, land, emissions, environmental policy); use FOI for other recorded information held by a public authority.

How long will a public authority take to respond?

Public authorities must normally respond within 20 working days for FOI and EIR requests, though EIR additionally requires disclosure as soon as possible within that limit ^[2][1].

What can I do if I'm refused?

Ask the authority for an internal review, then complain to the Information Commissioner if you remain dissatisfied.

How-To

1. Identify the public authority responsible for the information and find its FOI/EIR contact address.
2. Draft a clear written request describing the information sought and include contact details.
3. Send the request and note the date of receipt; expect a response within 20 working days.
4. If refused, request an internal review from the authority.
5. If still unsatisfied, complain to the ICO using their published complaint process.

Key Takeaways

• FOI and EIR have different subject scopes and tests; choose EIR for environmental data.
• Expect responses within 20 working days; keep records and dates for appeals.

Help and Support / Resources

• Information Commissioner27s Office (ICO) main site
• GOV.UK - Make a freedom of information request
• Greater London Authority - Freedom of information and access to information

1. [1] GOV.UK - Make a freedom of information request
2. [2] ICO - Environmental Information Regulations guidance for organisations
3. [3] ICO - How to complain to the Information Commissioner