When you receive a request, it is good practice to send the requestor an acknowledgement. You should then consider the following questions.
Is it a request under the Environmental Information Regulations?
If the information requested falls under the definition of environmental information then you must handle it in accordance with the Environmental Information Regulations. Some requests may cover both environmental and non-environmental information. Our flowchart shows how to handle such hybrid requests.
Unlike freedom of information requests, requests for environmental information do not have to be in writing. An environmental information request can be made verbally, and it is important to log such requests. Our verbal request log sheet shows the details that you should record in these cases.
Like the Freedom of Information Act, the Environmental Information Regulations are, in general, applicant and motive blind. In other words it does not matter who the requestor is or why they want the information. Indeed under the Environmental Information Regulations requestors (who are referred to as ‘applicants’ under EIR) are not specifically required to give their name. For further information on this general principle, and the circumstances in which the identity of the applicant may be relevant, read our guidance on consideration of requests without reference to their identity or reasons.
Do I understand the request?
If a request is phrased in too general a manner, you must ask the applicant to clarify it and help them to do so. If you have done this and the request is still too general for you to answer it, you can refuse it on that basis.
For further advice on this, read our guidance on interpreting a request.
You have a duty to provide reasonable advice and assistance to applicants and potential applicants where necessary. For further information see our FAQs on advice and assistance and our guidance note on providing advice and assistance.
The Environmental Information Regulations Code of Practice provides further guidance on giving advice and assistance.
Do I hold the information? If not, should I transfer the request?
The criteria for whether your hold the information is broader under the Environmental Information Regulations than under the Freedom of Information Act. Environmental information is held by a public authority if it is in your possession and has been produced or received by your authority or is held by anyone else on behalf of your authority.
As with the Freedom of Information Act, the question may arise as to whether answering the request would involve compiling the answer from existing information or creating new information. Our guidance note Do I have to create information to answer a request explains the difference.
If you do not hold the requested information but know that another authority does hold it, you can either refer the requestor to the other authority or transfer the request to the other authority yourself. Section VI of the EIR Code of Practice provides further guidance on what to do in these cases.
Has the applicant specified how they want to receive the information?
When they submit a request, an applicant can ask to receive a copy of the information in a particular file or format, for example electronically or on paper. You must make the information available to the applicant in this way, unless it is already publicly available in another form or format, or it is reasonable to provide it in another way. Our guidance on means of communication explains this point further.
Is it a questionnaire and round robin request?
Our guidance on circular (or round robin) requests gives advice on how to handle these types of requests.