FOI vs EIR: Edinburgh council guide - 20 working days

Housing and Building Standards Scotland 3 Minutes Read · published February 12, 2026 Flag of Scotland

Introduction

In Edinburgh, Scotland, requests for information from the city council are usually handled under either the Freedom of Information regime or the Environmental Information regime. Choosing between FOI and EIR affects timescales, exceptions and internal review routes, and both routes commonly use a 20 working day deadline for initial responses in Scottish public authorities[1][2].

Use FOI for general public authority records and EIR for environmental data.

When to Use FOI or EIR

Use FOI (Freedom of Information) for recorded information held by the City of Edinburgh Council that is not primarily environmental. Use EIR (Environmental Information Regulations) when the information is environmental in nature — for example, data about air, water, noise, land, planning decisions, permits, emissions or environmental impact. If in doubt, state the nature of the information in your request and the council will confirm the correct regime.

  • FOI covers general public authority records and policy documents.
  • EIR covers environmental information such as monitoring, permits, planning and pollution.
  • Both regimes generally use a 20 working day response period for Scottish public authorities.[2]

Penalties & Enforcement

Enforcement of FOI/EIR compliance for Edinburgh matters is carried out through the City of Edinburgh Councils FOI handling and, where necessary, by the Scottish Information Commissioner or other statutory oversight bodies. Specific monetary fine amounts for breaches are not specified on the cited council page and are addressed by statutory enforcement rather than fixed local fines[1][2].

If the council refuses or fails to respond you can ask for an internal review first.
  • Enforcer: City of Edinburgh Council FOI team for initial handling; Scottish Information Commissioner for appeals and enforcement.[1]
  • Appeals: request an internal review from the council, then appeal to the Scottish Information Commissioner if unresolved; time limit for application to the Commissioner is described by the Commissioners guidance.[2]
  • Monetary penalties and daily fines: not specified on the cited council page; statutory enforcement actions and notices are the available remedies.[1]
  • Non-monetary sanctions: enforcement notices, requirements to disclose, and formal decisions by the Commissioner; courts may be involved for compliance.[2]
  • Inspection/Complaint pathway: submit request to the council FOI team, ask for internal review if needed, then complain to the Scottish Information Commissioner via their official process.[1]

Common violations

  • Failure to respond within 20 working days (typical outcome: internal review then appeal).
  • Unjustified refusal to disclose information claimed under an exemption or exception.
  • Improper handling of environmental datasets under EIR leading to a Commissioner decision.

Applications & Forms

To make an FOI or EIR request to the City of Edinburgh Council you generally submit a written request describing the information you want; the council does not require a dedicated universal form for all requests on the cited page and accepts email, post or online submission as described on the councils FOI information page[1].

Keep requests clear and focused to speed processing.

How to Make a Request

State clearly whether your request concerns environmental information and give dates, file names or other identifiers if available. Provide a contact email or postal address and request an internal review if you are dissatisfied with the outcome.

  1. Draft a clear request describing the records you want.
  2. Send it to the City of Edinburgh Council FOI contact (see resources) and retain proof of delivery.
  3. If no satisfactory reply, ask the council for an internal review.
  4. If still unresolved, appeal to the Scottish Information Commissioner.
Record the date you submitted the request and the councils response deadline.

FAQ

Which law covers requests to the City of Edinburgh Council?
FOI requests to Scottish public authorities are generally under the Freedom of Information (Scotland) Act; environmental information is covered by the Environmental Information Regulations or their Scottish equivalent depending on context.
How long does the council have to respond?
The usual timescale for an initial response is 20 working days for Scottish public authorities, subject to any permitted extensions or exceptions.[2]
What if the council refuses my request?
You should request an internal review from the council and, if unsatisfied, you may apply to the Scottish Information Commissioner for a decision.

How-To

  1. Decide if the information is environmental in character; if yes, treat as EIR.
  2. Prepare a concise written request with identifying details and preferred format for disclosure.
  3. Send the request to the City of Edinburgh Council FOI contact and note the submission date.
  4. If refused or not answered, ask for an internal review from the council.
  5. If internal review is unsatisfactory, apply to the Scottish Information Commissioner with your case and council correspondence.

Key Takeaways

  • Use EIR for environmental data and FOI for other council records.
  • The typical response deadline is 20 working days for Scottish public authorities.
  • If unhappy with the councils outcome, request an internal review then appeal to the Scottish Information Commissioner.

Help and Support / Resources

  1. [1] City of Edinburgh Council - Freedom of Information
  2. [2] Scottish Information Commissioner

Categories

General Governance and Administration Public Safety Public Health and Welfare Land Use and Zoning Housing and Building Standards Transportation Environmental Protection Parks and Public Spaces Business and Consumer Protection Taxation and Finance Labor and Employment Education Civil Rights and Equity Elections and Campaign Finance Events and Special Uses Signs and Advertising Utilities and Infrastructure Technology and Data