FOI vs EIR: London guidance for requests

London, England residents and local organisations often need to decide whether to use the Freedom of Information Act (FOIA) or the Environmental Information Regulations (EIR) when requesting records. This guide explains practical differences, the 20 working day deadline for responses, who enforces compliance in London, and how to apply, appeal or report a refusal.

Understanding FOI and EIR

FOI covers recorded information held by public authorities with statutory routes and time limits; Section 10 of the Freedom of Information Act 2000 sets the statutory period for compliance at 20 working days Freedom of Information Act 2000 s.10^[1]. Environmental information is governed by the Environmental Information Regulations 2004, which require a response as soon as possible and no later than 20 working days in most cases EIR 2004 reg.5^[2]. The Information Commissioner provides practical guidance on response duties, internal reviews and complaint routes for both FOI and EIR ICO guidance on responses^[3].

Penalties & Enforcement

Statutes set duties and timescales but do not themselves list routine monetary fines for failure to respond; monetary penalties and criminal offences are handled through enforcement routes described on regulator and statutory pages. Where specific fines or sums are required they must be read on the cited official pages; if an amount is not shown on a cited page this guide notes that it is "not specified on the cited page".

• Enforcers: the Information Commissioner enforces FOI and EIR and can issue decision notices and take steps to secure compliance ^[3].
• Inspection and complaints: use the public authority's published FOI/EIR contact or the ICO complaints page for unresolved disputes ^[3].
• Monetary fines: not specified on the cited page for routine FOI/EIR non-compliance; consult the enforcement pages or legislation for any civil or criminal penalties ^[3].
• Escalation: decision notices, enforcement notices and (where applicable) court proceedings are the statutory escalation routes; specific escalation penalties and ranges are not specified on the cited pages.
• Non-monetary sanctions: orders to disclose information, binding decision notices and court enforcement are available remedies; criminal offences relevant to altering or destroying records may be set out in statute or secondary legislation and should be checked on the primary text ^[1].

Applications & Forms

There is no single national FOI/EIR request form; most London public authorities publish an online request form or contact email on their website and provide an internal review process. Fees for making a request are not routinely charged under FOIA, but cost limits and permitted charges (for example for disbursements or reproduction) are set out in statute and guidance; check the authority's page or the ICO guidance ^[3].

• Typical submission: online webform, email or postal request to the authority's information governance/FOI team.
• Deadline to respond: 20 working days for FOI (s.10 FOIA) and generally 20 working days for EIR (reg.5 EIR) ^[1][2].
• Where to send appeals or complaints: follow the authority's internal review route, then complain to the ICO if unresolved ^[3].

Common Violations and Typical Outcomes

• Late response: authority may receive a decision notice ordering disclosure; monetary fines are not routinely specified on the cited pages.
• Unlawful refusal or incorrect exemption application: likely outcome is an ICO decision notice requiring release or explanation.
• Failure to conduct an internal review: ICO advises requesting an internal review before complaint; practical consequence is delay and potential ICO involvement.

FAQ

Which should I use: FOI or EIR?

Use FOI for general recorded information held by a public authority; use EIR when your request is for environmental information such as data on air, water, land, emissions, planning or policies that affect the environment. If in doubt, ask the authority which regime they will apply.

How long will it take to get a response?

Both regimes require responses within 20 working days in most cases: FOIA s.10 and EIR reg.5 set these timeframes FOIA s.10^[1] EIR reg.5^[2].

Can I appeal a refusal?

First ask the public authority for an internal review; if unsatisfied, complain to the Information Commissioner using the ICO complaint process ICO guidance^[3].

How-To

1. Identify whether your request is for environmental information (EIR) or other recorded information (FOI).
2. Find the public authority's FOI/EIR page and follow its published submission method (webform, email or postal address).
3. Make a clear, reasonably specific request and keep a copy of your correspondence and the date sent.
4. If refused or late, ask for an internal review within the authority, then complain to the ICO if unresolved.
5. Where costs or disbursements are cited, request a clear breakdown and the statutory basis for charges.

Key Takeaways

• FOI and EIR have the same practical 20 working day response expectation in most cases.
• Start with the authority's internal review; escalate to the ICO if necessary.
• Keep records and be reasonably specific to speed up disclosure.

Help and Support / Resources

• City of London Corporation FOI pages
• Greater London Authority FOI information
• Information Commissioner Office - make a complaint

1. [1] Freedom of Information Act 2000, section 10
2. [2] Environmental Information Regulations 2004, regulation 5
3. [3] ICO guidance on responses and complaint routes