FOI or EIR in Cardiff - 20 Working Days
Introduction
In Cardiff, Wales, knowing whether to use the Freedom of Information Act (FOIA) or the Environmental Information Regulations (EIR) helps you get the right council records in the correct timescale. This guide explains the practical differences, the statutory 20 working-day response period, who enforces requests, how to make clear applications to Cardiff Council, and what to do if you are refused or charged. It is written for residents, journalists, businesses and community groups dealing with city bylaws, planning, environmental data and administrative records.
Which to Use: FOI or EIR
FOI covers recorded information held by public authorities about their activities; EIR covers environmental information such as air quality, planning applications with environmental assessments, site contamination, pollution and related datasets. If your request is mainly environmental in nature, use EIR; otherwise use FOI. Cardiff Council's guidance explains how to submit requests and which route the council will follow when it holds relevant information Cardiff Council FOI & EIR[1]. For practical guidance on both regimes see the Information Commissioner’s Office guidance ICO FOI guidance[2]. The legal basis for FOI is the Freedom of Information Act 2000 Freedom of Information Act 2000[3].
How long does the council have to respond
Both FOI and EIR normally require a response within 20 working days from receipt of the request. If the council requires an internal review or needs clarification, timescales can change; see the council page and ICO guidance for examples and exceptions.[2]
Penalties & Enforcement
Cardiff Council must follow FOI and EIR when handling requests; enforcement and remedies are available from the Information Commissioner if the council fails to comply.
- Fine amounts: not specified on the cited Cardiff Council page; ICO enforcement powers and remedies are set out on the ICO site, but specific fixed fines for FOI are not specified on the cited pages.
- Escalation: first refusal or partial refusal should be explained in writing; repeat or continuing breaches may lead to ICO action - specific escalation fines or bands are not specified on the cited pages.
- Non-monetary sanctions: enforcement notices, requirements to disclose information, and orders from the ICO or court action are the usual non-monetary routes.
- Enforcer and inspection: the Information Commissioner enforces FOI/EIR compliance; local complaints and initial contact are with Cardiff Council's FOI/EIR team Cardiff Council FOI & EIR[1].
- Appeals/review routes: request an internal review from the council first; if dissatisfied, complain to the ICO. Time limits for internal review and ICO complaint are not specified on the cited Cardiff page.
- Defences/discretion: exemptions under FOI (e.g., commercial sensitivity, legal professional privilege) and exceptions under EIR may lawfully withhold or redact information; the council must cite the exact exemption/exception when doing so.
Applications & Forms
How to apply: submit a clear written request to Cardiff Council's FOI/EIR contact points; the council page lists contact details and methods of submission Cardiff Council FOI & EIR[1]. There is no standard national form required; some local authorities provide an online form. Fees: charges may apply if the council calculates cost under FOI fees provisions (where work exceeds the appropriate limit) — specific fee schedules are not provided on the cited Cardiff page; refer to ICO guidance for charging principles ICO FOI guidance[2].
Action steps
- Prepare a short, specific written request identifying the records you want, the date ranges and any formats required.
- Send the request to Cardiff Council's FOI/EIR contact (use the council's web contact or postal address).
- If refused, ask for an internal review in writing within the council's published timescale or promptly.
- If unsatisfied after internal review, lodge a complaint with the ICO referring to your request and the council's review outcome.
FAQ
- Which should I use for planning or pollution records?
- Use EIR if the request is about environmental information such as pollution, planning with environmental statements, or monitoring data; otherwise use FOI.
- How long will the council take to reply?
- Usually 20 working days from receipt for both FOI and EIR, subject to exceptions and clarifications.
- Can I remain anonymous?
- Yes, you can request information without giving your name but the council may need contact details for clarification and to confirm identity for certain records.
How-To
- Identify whether your request is environmental in nature (EIR) or general council information (FOI).
- Draft a concise written request describing the records, date range and desired format.
- Send the request to Cardiff Council via the published FOI/EIR contact route on the council website.
- Wait up to 20 working days; if refused ask for an internal review, then complain to the ICO if needed.
Key Takeaways
- Use EIR for environmental records and FOI for other council information.
- Both regimes normally require a response within 20 working days.
- If refused, request an internal review from Cardiff Council then contact the ICO.
Help and Support / Resources
- Cardiff Council FOI & EIR contact page
- Information Commissioner's Office - FOI guidance
- Freedom of Information Act 2000 (legislation.gov.uk)
- Environmental Information Regulations 2004 (legislation.gov.uk)