FOI vs EIR in Cardiff - 20 Working Days Rule

Public Health and Welfare Wales 3 Minutes Read ยท published February 12, 2026 Flag of Wales

In Cardiff, Wales public information requests are usually handled under the Freedom of Information Act 2000 (FOI) or the Environmental Information Regulations 2004 (EIR). Which regime applies depends on the subject matter of the request and whether the information is primarily environmental in nature. Both regimes set short statutory deadlines for responses; understanding which to use will help you get a valid request to Cardiff Council and, if necessary, a timely review or appeal.

When to use FOI or EIR

Use FOI for general recorded information held by public authorities and use EIR when the request is for environmental information such as air, water, land, emissions, policies or reports that affect the environment. If in doubt, state clearly whether you consider the request to be for environmental information and the Council will decide which regime applies; the 20 working days time limit still governs responses under either statute.

If your request concerns environmental monitoring, label it as an EIR request to help the Council process it correctly.

Key deadlines and timing

The FOI Act requires a response not later than the twentieth working day following the date of receipt; see the statutory provision for the FOI timescale Freedom of Information Act 2000 s10[1]. The EIR require that requests are dealt with as soon as possible and in any event no later than 20 working days from receipt; see the regulation text for EIR timing EIR 2004 Regulation 5[2].

Penalties & Enforcement

Local enforcement and sanctions for failures to comply with FOI/EIR are handled through statutory review and appeal routes rather than fixed local bylaw fines; specific monetary fines for late FOI/EIR responses are not specified on the cited pages. Enforcement options and remedies include decisions or enforcement action by the Information Commissioner's Office and potential court enforcement of notices.

  • Enforcer: Information Commissioner and courts; local point of contact is Cardiff Council's FOI team for initial complaints.
  • Fine amounts: not specified on the cited page; enforcement typically involves decision notices or orders rather than prescribed local fines.
  • Escalation: internal review request to the Council, then appeal to the ICO, then court enforcement if necessary.
  • Non-monetary sanctions: decision notices, enforcement notices, and orders to disclose withheld information.
  • Inspection/complaint pathway: contact Cardiff Council FOI team and, if unresolved, complain to the ICO.
Monetary penalties for FOI/EIR non-compliance are not laid out as local fixed fines on the Council or legislation pages.

Applications & Forms

Cardiff Council publishes guidance and an online request route for FOI/EIR requests; there is no separate universal national form required to make a request but councils often provide a web form or email contact for submissions Cardiff Council FOI[3]. If the Council offers a named form, its page will state any fees or specific submission instructions; otherwise a clear emailed request is sufficient.

Action steps

  • Prepare a clear written request stating whether you seek FOI or EIR information and include contact details and a preferred format for the response.
  • Submit via the Council's web form or the published FOI email address; keep a copy and note the date of receipt.
  • If you do not receive a response within 20 working days, request an internal review from Cardiff Council.
  • If internal review does not resolve the issue, appeal to the Information Commissioner's Office.
Ask the Council to confirm which regime they are applying if it is not clear in their acknowledgment.

FAQ

What is the 20 working days rule?
The 20 working days rule means public authorities should respond to FOI and EIR requests within 20 working days from the date they receive the request, subject to valid extensions where the law permits.
Can Cardiff charge for providing information?
Cardiff Council may charge for costs of copying or reproduction where the law allows; any specific fee or charging schedule will be listed on the Council's FOI guidance page.
What if Cardiff refuses my request?
If the Council refuses, it must state the reasons and your right to an internal review; after review you can complain to the Information Commissioner.

How-To

  1. Identify whether your request is FOI or EIR and gather precise details about the information needed.
  2. Submit the request using Cardiff Council's published FOI web form or email address and record the date of submission.
  3. Wait for a response within 20 working days; if the Council needs more time they must explain why and cite legal grounds.
  4. If unsatisfied, ask for an internal review, then appeal to the ICO if the review does not resolve the matter.

Key Takeaways

  • FOI and EIR both use a 20 working days response standard for requests.
  • Label environmental requests as EIR to ensure correct handling.
  • Use the Council's FOI route first and the ICO for appeals.

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