How do I know whether to use FOI or EIR?

Identify whether the request concerns environmental information such as air, water, land, emissions, waste, noise or energy; use EIR for environmental topics and FOI for other council records.

Can I appeal if Cardiff Council refuses my request?

Request an internal review from Cardiff Council first; if you remain dissatisfied you can complain to the Information Commissioner’s Office.

Are there fees for FOI or EIR requests to the council?

Fees may apply in certain circumstances and EIR fee handling can differ; consult Cardiff Council’s guidance for current charging policies.

FOI or EIR for Cardiff: Accessing City Information

Civil Rights and Equity Wales 3 Minutes Read · published February 12, 2026

In Cardiff, Wales, knowing whether to use the Freedom of Information (FOI) Act or the Environmental Information Regulations (EIR) matters for how you request council records and how quickly you receive them. This guide explains the practical differences, when Cardiff Council typically applies EIR rather than FOI, and how to submit or appeal a request to the local authority. For official submission details see the council’s guidance and contact points.^[1]

When to Use FOI vs EIR

Use FOI for general recorded information held by public authorities unless the information is environmental in scope. EIR covers environmental information about air, water, land, emissions, waste, noise, energy and similar subjects; EIR tends to be more applicant-friendly on exceptions and has different exceptions and fees rules.^[3]

EIR often applies where the subject matter is scientific, environmental monitoring or site-specific pollution data.

Penalties & Enforcement

Cardiff Council and other public authorities must respond to FOI and EIR requests within statutory timeframes; enforcement and remedies are handled by the Information Commissioner’s Office (ICO) and by courts where applicable. Specific financial penalty amounts for non-compliance are not given on the cited pages and should be checked with the ICO guidance.^[2]

Statutory deadlines: public authorities should comply within the legal time limit applicable to FOI or EIR.
Decision and enforcement: the ICO issues decision notices and can require disclosure or issue enforcement actions.
Non-monetary sanctions: enforcement notices, decision notices and recommendations are common remedies; courts may order compliance.
Fines and penalties: specific amounts are not specified on the cited page and depend on the statutory route and circumstances.
Appeals and review: internal review with the council followed by complaint to the ICO; exact time limits for complaint are set out by the ICO guidance and are not specified on the cited page.
Enforcer and contact: the ICO enforces FOI/EIR compliance and accepts complaints; councils also have complaint routes and contact pages.

If you disagree with a council refusal, request an internal review before contacting the ICO.

Applications & Forms

Cardiff Council provides official guidance on how to make FOI or EIR requests, including preferred submission channels and contact addresses; check the council page for the current online form or email address and any charging information.^[1]

Typical submission methods: online form, email or post as specified by the council.
Fees: EIR fee rules differ from FOI; see the council guidance for any charges, otherwise not specified on the cited page.
Deadlines for internal reviews or responses: follow the council timescales on the submission page.

Common Violations and Practical Tips

Unlawful refusal to disclose information where no valid exception applies.
Failure to acknowledge or respond within statutory time limits.
Charging incorrectly under EIR or FOI.
Poor signposting of internal review and complaint routes.

FAQ

How do I know whether to use FOI or EIR?: Start by identifying whether the request concerns environmental information (air, water, land, emissions, waste, noise, energy). If so, EIR is likely appropriate; otherwise use FOI.
Can I appeal if Cardiff Council refuses my request?: Yes; request an internal review from the council, then complain to the ICO if you remain dissatisfied.
Are there fees for UK FOI or EIR requests to the council?: Fees may apply in certain circumstances and under EIR the approach can differ; consult the council’s guidance for current charging policies.

How-To

Identify the information: confirm whether it is environmental in nature (use EIR) or general council information (use FOI).
Check Cardiff Council’s request page for the correct form or email and submit your request with clear scope.
Note the council’s response deadline and wait for acknowledgement; ask for an internal review if refused.
If unsatisfied after internal review, complain to the ICO following their published steps.

Key Takeaways

Use EIR for environmental topics and FOI for other recorded council information.
Follow Cardiff Council’s published submission routes to avoid delays.
Use internal review first, then the ICO if required.