FOI vs EIR - Requesting Information in Cardiff

Housing and Building Standards Wales 4 Minutes Read ยท published February 12, 2026 Flag of Wales

In Cardiff, Wales you may need to choose between a Freedom of Information (FOI) request and an Environmental Information Regulations (EIR) request depending on the subject matter of the information and the way the authority records it. This guide explains the practical differences, statutory timescales, where to send requests to Cardiff Council, and what to expect if a request is refused or needs review. Use the steps below to decide the correct route and follow the official contacts and complaint options to secure access or appeal a refusal.

When to use FOI or EIR

FOI covers information held by public authorities about their services, decisions and functions, while EIR applies specifically to environmental information such as air, water, land, waste, emissions, policies and activities affecting the environment. If information clearly concerns environmental matters, start with an EIR request; otherwise, use FOI. For Council-specific submission guidance see the Cardiff Council information rights page[1].

If in doubt, describe the information and ask the Council which route they prefer.

How the two routes differ

  • Timescale: FOI requests are normally answered within 20 working days; the same 20 working-day norm generally applies to EIR requests but with different exception rules.[2]
  • Formality: Both routes accept written requests by email or post; EIR can allow a shorter internal review period in some circumstances.
  • Fees: Councils may charge reasonable costs for duplication or environmental information reproduction where permitted; check the Council page for current charging practice.[1]

Penalties & Enforcement

Enforcement and review for FOI and EIR in the UK are overseen by the Information Commissioner and by the courts or tribunals where appeals progress beyond the Commissioner. Cardiff Council maintains internal review and complaint routes as the first step; more formal complaints and enforcement are handled by the Information Commissioner for statutory remedies and, ultimately, by the First-tier Tribunal (Information Rights). For statutory detail and enforcement powers see ICO guidance on FOI and EIR.[2][3]

If you disagree with a Council refusal, request an internal review before contacting the ICO.
  • Fine amounts: not specified on the cited page for local Council penalties; check the ICO notices for any monetary penalty policy.[2]
  • Escalation: internal review with the Council, then ICO complaint, then Tribunal appeal; specific time limits for appeals are given by the ICO and Tribunal rules.[2]
  • Non-monetary sanctions: decision notices, enforcement notices and formal orders by the ICO or Tribunal; the Council may be required to disclose information or to correct procedures.
  • Enforcer and contact: Information Commissioner Office (ICO) handles enforcement; Cardiff Council Information Governance handles initial complaints - see Council contact pages for details.[1]
  • Appeal/review routes and time limits: request an internal review from Cardiff Council, complain to the ICO if unsatisfied, then appeal to the First-tier Tribunal where permitted; exact statutory appeal time limits are provided by the ICO guidance.[2]
  • Defences/discretion: exemptions and exceptions (for FOI and EIR respectively) such as commercial sensitivity or ongoing negotiations may lawfully be applied; the Council must state the legal basis for refusal and any public interest balancing under FOI.

Applications & Forms

Cardiff Council accepts written FOI and EIR requests; an online or email request route is provided on the Council information rights pages. The Council page lists contact methods and any request form or email address to use; if a specific form is not published there, a plain written request is acceptable.[1]

Action Steps

  • Step 1: Identify whether the information is environmental (use EIR) or general public body information (use FOI).
  • Step 2: Prepare a clear written request with dates, subject and format desired.
  • Step 3: Submit to Cardiff Council via the contact details on their information rights page[1].
  • Step 4: If refused, ask for an internal review, then escalate to the ICO and, if necessary, the First-tier Tribunal.[2]
Keep copies of correspondence and note dates to preserve appeal rights.

FAQ

Which route should I use if my request covers environmental and non-environmental information?
Where information is mixed, you can request it and the Council will decide which regime applies to each part; clarify in your request if you believe specific parts are environmental.
How long will the Council take to respond?
Cardiff Council normally follows the 20 working-day response standard; check the ICO guidance for counting and exceptions.[2]
Can I appeal a refusal?
Yes, request an internal review from the Council, then complain to the ICO and, where available, appeal to the First-tier Tribunal.

How-To

  1. Decide whether the request is for environmental information (air, land, water, emissions, policies affecting environment) or general council information.
  2. Draft a clear written request with subject, date range and preferred format for disclosure.
  3. Send the request to Cardiff Council using the contact method on their information rights page[1].
  4. If refused, ask the Council for an internal review, then submit a complaint to the ICO following their guidance.[2]

Key Takeaways

  • Use EIR for environmental subjects and FOI for other council information.
  • Expect a 20 working-day response in most cases.
  • Start with Cardiff Council internal review before escalating to the ICO.

Help and Support / Resources

  1. [1] Cardiff Council Freedom of Information
  2. [2] Information Commissioner Office - Guide to FOI
  3. [3] Information Commissioner Office - Guide to EIR

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