FOI or EIR: Which to Use for Edinburgh Requests

General Governance and Administration Scotland 4 Minutes Read ยท published February 12, 2026 Flag of Scotland

In Edinburgh, Scotland, requests for recorded information held by the City of Edinburgh Council or other public bodies are handled under two parallel regimes: the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information Regulations (EIR). FOISA covers general recorded information held by Scottish public authorities while EIR deals specifically with environmental information such as air, water, land, emissions, planning and environmental policies. Choosing the correct route speeds responses and clarifies appeal rights; this guide explains the differences, how the council processes requests and where to appeal in Edinburgh.[1]

When to Use FOI or EIR

Use FOI (FOISA) for most recorded information created or held by Scottish public authorities that is not environmental information. Use EIR when your request is for environmental information: for example, planning consultation reports, pollution monitoring, site contamination, environmental permits, policy documents on land use or emissions. If information clearly falls within EIR it should be handled under those regulations; otherwise use FOI.

If in doubt, describe the information you want and state you are asking under both regimes to avoid delay.

How Requests Are Processed

  • Make your request in writing to the City of Edinburgh Council or the specific public authority holding the records.
  • Response times vary by regime; EIR can require faster handling in practice and both regimes have internal review routes.
  • Include contact details and be as specific as possible to help locate records.

Penalties & Enforcement

Neither FOISA nor the EIR set routine monetary fines for failure to comply by a deadline in the same way as some regulatory regimes; enforcement is administered by the Scottish Information Commissioner and, ultimately, the courts. Where statutory remedies or sanctions exist they are described by the enforcing authority and in the legislation; fine amounts are not routinely specified on the primary legislation page and are therefore not specified on the cited page.[1]

  • Enforcer: Scottish Information Commissioner oversees FOISA enforcement and handling of complaints in Scotland; appeals beyond the Commissioner proceed to the Court of Session.
  • Escalation: complain to the authority first, request an internal review, then complain to the Scottish Information Commissioner; time limits for complaints are set by the Commissioner and vary by case and regime.
  • Monetary penalties: not specified on the cited page for routine breaches; criminal offences (where applicable) and court-ordered remedies are handled per statute and case law.
  • Non-monetary sanctions: orders to disclose information, enforcement notices, court injunctions and declaratory relief are used to secure compliance.
If a council refuses disclosure, request an internal review promptly to preserve appeal rights.

Applications & Forms

There is generally no prescribed national form required to make an FOI or EIR request; a clear written request is sufficient. Local authorities often provide online request forms or web pages to submit requests and contact details; check the City of Edinburgh Council web pages for forms and submission options. Where an official form exists, the council page will show submission method and any fees; otherwise no standard form is required and specific fees are not specified on the cited page.[1]

The simplest effective request states the information sought, date range, and preferred format.

Action Steps

  • Decide if the information is environmental; if yes, cite EIR in your request.
  • Send a clear written request to the City of Edinburgh Council records team or the relevant public authority, keeping a copy.
  • If refused, ask for an internal review within the council and note any internal review time limit shown on their website.
  • If still dissatisfied, submit a complaint to the Scottish Information Commissioner following their published guidance.

FAQ

What is the difference between FOI and EIR?
FOI covers general recorded information held by Scottish public authorities; EIR covers environmental information such as data on air, water, land, emissions, permits and environmental policies.
How long does the council have to reply?
Response times depend on the regime and case; check the City of Edinburgh Council guidance and seek an internal review if delays occur.
Can I appeal if my request is refused?
Yes; request an internal review from the council, then complain to the Scottish Information Commissioner and ultimately seek judicial review in the Court of Session if necessary.

How-To

  1. Identify whether the information you want is environmental in nature.
  2. Draft a written request describing the records, date range and preferred format.
  3. Submit the request to the City of Edinburgh Council or the relevant public authority using their published contact method or online form.
  4. If refused or not answered, request an internal review from the authority.
  5. If unresolved, complain to the Scottish Information Commissioner following their complaint process.

Key Takeaways

  • Choose EIR for environmental topics and FOI for other recorded information.
  • Keep written records of requests and deadlines for internal review and appeals.
  • Use the Scottish Information Commissioner for enforcement and appeals in Scotland.

Help and Support / Resources

  1. [1] Freedom of Information (Scotland) Act 2002 - legislation.gov.uk

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