FOI or EIR for Edinburgh Council - 20 working days

Civil Rights and Equity Scotland 4 Minutes Read · published February 12, 2026 Flag of Scotland

Intro

In Edinburgh, Scotland, requests for council-held information are commonly handled under two regimes: Freedom of Information (FOI/FOISA) and the Environmental Information Regulations (EIR). Which route you use affects scope, exceptions and timescales. This guide explains when to choose FOI or EIR for City of Edinburgh Council information, highlights the statutory 20 working day limit for environmental information, and sets out practical steps to request, appeal or complain.

Use EIR when a request is principally about environmental data, otherwise use FOI/FOISA for wider council records.

FOI vs EIR - when to use which

FOI (in Scotland, FOISA 2002) covers a broad range of recorded information held by public authorities, while EIR specifically covers environmental information such as air, water, land, waste, emissions and associated policies. The City of Edinburgh Council explains how to make a request and the internal process for handling FOI requests and reviews City of Edinburgh Council FOI information[1]. Use EIR if the substance of your request is environmental; authorities must consider EIR even if you label a request as FOI.

Response times and the 20 working day rule

Environmental information requests are subject to a 20 working day statutory timescale under the Environmental Information (Scotland) Regulations 2004; that period starts on receipt of a valid request and can be extended in specified circumstances Environmental Information (Scotland) Regulations 2004[2].

  • Standard EIR deadline: 20 working days from receipt.
  • Time extensions may apply when third-party interests or consultation are required; check the text of the Regulations.
  • Requests should be clear and reasonably described to be valid; ask for clarification if needed.
If your request mixes administrative and environmental issues, ask the council which regime will be applied.

Penalties & Enforcement

City of Edinburgh Council and the Scottish Information Commissioner provide enforcement and review routes rather than routine monetary fines on a per-request basis for FOI/EIR non-compliance; specific fine amounts are not specified on the cited City page and the Regulations text should be consulted for enforcement powers City of Edinburgh Council FOI information[1] and Scottish Information Commissioner[3].

  • Monetary fines: not specified on the cited City page.
  • Escalation: internal review first, then application to the Scottish Information Commissioner for a decision; penalty ranges for breaches are not specified on the cited City page.
  • Non-monetary sanctions: enforcement notices, orders to release information, and formal decisions by the Commissioner are the usual remedies.
  • Enforcer and appeal: the Scottish Information Commissioner handles appeals and enforcement for Scottish public authorities; contact and complaint pathways are available through the Commissioner and the Council.
  • Inspection and complaint: submit an internal review to the Council, then apply to the Scottish Information Commissioner if unresolved; see the Council and Commissioner pages for contact details.
If the Council refuses information, request a review promptly and note statutory appeal routes.

Applications & Forms

The City provides guidance and a route to submit FOI requests via its online pages and contact channels; the same Council pages explain how to request an internal review or complain about handling City of Edinburgh Council FOI information[1]. For EIR requests the statutory Regulations set the timescale and procedures; there is no separate universal EIR form published by the Council on the cited page.

  • Council FOI request route: use the online guidance and contact form on the Council FOI page.
  • Fees: any charge or reasonable copying costs should be detailed by the Council; not specified on the cited City FOI page.
  • Deadlines: EIR 20 working days; FOI/FOISA timescales and internal review deadlines are set out by the Council and Commissioner guidance.
No single EIR-specific Council request form is published on the cited page; use the general FOI guidance to submit environmental information requests.

Action steps

  • Identify whether your question is environmental in substance before submitting.
  • Submit the request to City of Edinburgh Council via the FOI guidance page and keep a copy of the request.
  • If refused, request an internal review from the Council, then apply to the Scottish Information Commissioner if necessary.

FAQ

What is the main difference between FOI and EIR?
FOI/FOISA covers general recorded information held by public authorities; EIR applies specifically to information about the environment and related policies and data.
How long does the Council have to respond to an EIR request?
Environmental information requests must be answered within 20 working days under the Environmental Information (Scotland) Regulations 2004.
What if my request is refused or delayed?
Ask the Council for an internal review, and if still unresolved, you can apply to the Scottish Information Commissioner for a decision.

How-To

  1. Decide whether the information is environmental in subject or broader council information.
  2. Prepare a clear written request stating what information you want and include contact details.
  3. Submit the request via City of Edinburgh Council’s FOI guidance and retain proof of submission.
  4. If you receive a refusal or consider the response inadequate, ask for an internal review from the Council.
  5. If the internal review does not resolve the issue, apply to the Scottish Information Commissioner for a decision.

Key Takeaways

  • Use EIR for environmental matters and FOI/FOISA for other council records.
  • EIR responses are required within 20 working days.
  • Start with a Council internal review, then appeal to the Scottish Information Commissioner if needed.

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