FOI vs EIR: Cardiff Guide - 20 Working Days
In Cardiff, Wales you can request recorded information from the council under the Freedom of Information Act 2000 (FOIA) or request environmental information under the Environmental Information Regulations 2004 (EIR). This guide explains when to use each regime, the statutory 20 working day response deadline, how enforcement and appeals work, and practical steps to make, chase or appeal a request with Cardiff Council and the Information Commissioner. Use FOI for recorded public authority information that is not primarily environmental; use EIR for information about the environment, pollution, planning decisions affecting the environment and similar matters.
When to Use FOI or EIR
Choose the regime based on the subject matter and the type of information you need. EIR applies where the requested information is "environmental information" as defined in the Regulations; FOI applies more broadly to recorded information held by the council. If in doubt, requestors can state both FOI and EIR in the same request so the council can apply the correct regime.
- FOI: requests for policy documents, spending, contracts and non-environmental council records.
- EIR: information on air, water, land, biodiversity, planning decisions with environmental impact, and permits affecting the environment.
- Both regimes normally require a response within 20 working days from the council receiving the request.[2][3]
Penalties & Enforcement
Statutory response times are central to enforcement. Under FOIA the statutory compliance period is 20 working days; under the EIR the council must respond "as soon as possible and no later than 20 working days" unless a valid extension applies.[2][3]
- Fines/financial penalties: not specified on the cited Cardiff or legislation pages for routine FOI/EIR failures; the Information Commissioner issues decision notices and remedies rather than fixed council fines (see Help and Support links).
- Escalation: initial internal review or internal review request to the council, followed by complaint to the Information Commissioner if unresolved; specific escalation fines or daily penalties are not specified on the cited pages.
- Non-monetary sanctions: the ICO may issue decision notices, require disclosure, or apply enforcement notices; courts can enforce compliance in some cases.
- Enforcer and complaints: the Information Commissioner enforces FOI and EIR; Cardiff Council handles internal reviews and initial complaints - see council contact pages for the appointed officer.[1]
- Appeals and time limits: request an internal review with Cardiff Council first (time limits not specified on the cited council page), then complain to the ICO; ICO complaint time limits and procedures are set out on the ICO site (see Resources).
- Defences/discretion: exemptions under FOI and exceptions under EIR can justify withholding information (for example, commercial confidentiality or personal data); public interest tests apply where stated in the legislation.
Applications & Forms
Cardiff Council provides guidance on how to make a request and contact details for its FOI/EIR team; some councils offer an online request form or accept email/letter requests. Fees for FOI are generally only charged where cost limits apply; EIR allows charging in limited circumstances—specific fee amounts or published forms are not specified on the cited Cardiff page.[1]
How to Make a Request
- Be clear and specific about the information, include dates, locations and file references where possible.
- Send the request by the method the council publishes (email, online form or post) and keep a copy.
- Note the date received by the council to calculate the 20 working day deadline.
- If refused, ask for an internal review within the council; if unsatisfied, complain to the Information Commissioner.
Common Violations
- Late responses beyond 20 working days without a published extension or valid reason.
- Unjustified refusal to disclose held recorded information.
- Failure to conduct or publish an internal review when requested.
FAQ
- Which regime should I use for planning reports about river pollution?
- Use EIR for information relating to the environment such as river pollution and planning decisions with environmental impact; if the council applies FOI instead, ask them to confirm and state the EIR claim in your request.
- How long will Cardiff Council take to respond?
- Both FOI and EIR normally require a response within 20 working days from receipt of your request; EIR also requires a response "as soon as possible" where applicable.[2][3]
- What can I do if my request is refused?
- Request an internal review from Cardiff Council; if you remain dissatisfied, complain to the Information Commissioner who can issue decision notices and require disclosure.
How-To
- Identify whether your request is FOI or EIR by checking if the information is environmental in nature.
- Draft a clear request with specific time frames, file references and preferred format for the response.
- Submit the request via the council's published method and note the date received.
- If refused, ask for an internal review from Cardiff Council within their stated internal review period.
- If internal review is unsatisfactory, submit a complaint to the Information Commissioner using ICO guidance and forms.
Key Takeaways
- FOI covers general recorded council information; EIR covers environmental information.
- Both regimes use a 20 working day response standard in most cases.
- If refused, pursue an internal review then complain to the ICO.
Help and Support / Resources
- Cardiff Council - Freedom of Information and data protection
- Information Commissioner's Office (ICO) - guidance and complaint forms
- Public Services Ombudsman for Wales