Aldgate incident 19th January 2010

Our Ref : 1005854909

Date : 04.03.2010

Mr M Ereira

[FOI #27454 email]

Dear Mr Ereira

Thank you for your email received by London Underground on 21 January.
You asked for information about the incident at Aldgate on 19 January
2010/

Your request has been considered under the requirements of the Freedom of
Information. I can confirm that the investigation into this incident is
not yet complete and therefore the report you have requested is not
available. We hope to have the investigation completed by the middle of
April but at present the no report exists.

I will let you know when the investigation has been completed and
therefore a report is available. If you would like to discuss your
request with please do not hesitate to contact me on 0845 3309880.

Please see the attached information sheet for details of your right to
appeal as well as information on copyright and what to do if you would
like to re-use any of the information we have disclosed.

Yours sincerely

Shirley Xavier

Your right to appeal

If you are dissatisfied with the way TfL has handled your information
request, you can ask us to conduct an internal review of our decision. The
internal review will be conducted by someone who was not involved in the
processing of your original request, in accordance with the complaints
procedure published on our website at www.tfl.gov.uk/foi

Requests for internal review should be addressed to:

Head of Information Access and Compliance

Floor 5, Windsor House

42-50 Victoria Street

London

SW1H 0TL

E-mail: [email address]

Complaints to the Information Commissioner

If, following theinternal review, you remain dissatisfied with the way TfL
has handled your request, then you can take your complaint to:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

A complaint form is available on the Information Commissioner’s Office
website at

[1]www.ico.gov.uk

Copyright

Any copyright in the material provided with this response is owned by TfL
or one of its subsidiary companies unless otherwise stated. The disclosure
of information does not give the person or organisation who receives it an
automatic right to re-use it in a way that would otherwise infringe
copyright (for example, by making copies, publishing it, or issuing copies
to the public). Brief extracts of the material may be reproduced under the
fair dealing provisions of the Copyright, Designs and Patents Act 1998
(sections 29 and 30) for the purposes of research for non-commercial
purposes, private study, criticism, review and news reporting. In respect
of use for criticism, review and news reporting, any reproduction must be
accompanied by an acknowledgement that TfL or one of its subsidiary
companies is the copyright owner.

Re-use

If you would like to re-use the information supplied with this response
please contact TfL using the details provided in the attached letter.
Requests for re-use will be considered in accordance with the Re-use of
Public Sector Information Regulations 2005.

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Thank you for your comments. Your email has been successfully delivered.

We will deal with this matter as quickly as we can and aim to send you a
reply within 10 days.

Depending on the nature of the matter however, it may take longer than 10
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you updated until we are able to respond fully, once the investigation has
been done. If you need to contact us in the meantime, you can call us on
0845 330 9880. We are open 7 days a week from 8am to 8pm.

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22 June 2010  

Our ref: IRV-026-1011

Dear Mr Ereira

Request for internal review

Thank you for your email in which you requested an internal review of
TfL’s response to your FOI request.

I can confirm that an internal review will be undertaken in accordance
with the attached procedure and a response will be provided to you by 20
July 2010.

In the meantime, if you would like to discuss this matter further, please
do not hesitate to contact me on the number given below.

Kind regards

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

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Our ref: 1005854909

Date: 01.07.2010

Dear Mr Ereira

Thank you for your e-mail received by London Underground (“LUL”) on 6
May 2010. You asked for a copy of the report detailing the causes of the
problems in the Aldgate area on 19^th January 2010 that caused severe
problems on the Circle and Metropolitan Lines and for confirmation as to
whether there will be a more detailed report of the incident and its
planned publication date.

Your request has been dealt with under the Freedom of Information Act
2000. I can confirm that LU does hold the information you have requested.
However, LUL is not obliged to supply any of the information you have
requested, as it is subject to the following statutory exemption to the
right of access to information:

· Section 43 Commercial Interests

TfL is applying this exemption because LUL is considering its legal
position in respect of the incident. Disclosure of the information
requested would or would be likely to prejudice the commercial interests
of LUL.

The use of this exemption is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. It is
acknowledged that there is a public interest in understanding the events
concerning the incident at Aldgate Station on 19^th January 2009. However,
on balance it is considered that the public interest is better served by
the non-disclosure of the exempt information in order that LUL may
consider its legal position.

I confirm that at this stage LUL does not intend to publish any reports
relating to the incident at Aldgate on 19 January 2009.

Please see the attached information sheet for details of your right to
appeal.

Yours sincerely

Yours sincerely,

Shirley Xavier
Customer Service Centre

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Original Text

From: [FOI #27454 email]
To: [email address] <[email address]>
CC:
Sent: 06.05.10 01:31:58
Subject: RE: Freedom of Information request - Aldgate incident 19th
January 2010

Dear Transport for London,

Following my foi request can you please advise if the report is now
available as it way overdue.

If it is still not available please advise when it is likely to be
published

Yours faithfully,

Michael Ereira

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08 July 2010

Dear Mr Ereira

Further to my email of 08 July 2010 I understand that you have received a response to your request.

The review as it stands will consider the delay in responding. If you would like it to consider the actual response please let me know.

Kind regards

Matthew Towey | Compliance Adviser 
Information Access & Compliance Team | Corporate Governance | Transport for London
5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

22 June 2010

Our ref: IRV-026-1011

Dear Mr Ereira

Request for internal review

Thank you for your email in which you requested an internal review of
TfL’s response to your FOI request.

I can confirm that an internal review will be undertaken in accordance
with the attached procedure and a response will be provided to you by 20
July 2010.

In the meantime, if you would like to discuss this matter further, please
do not hesitate to contact me on the number given below.

Kind regards

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

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13 July 2010

Dear Mr Ereira

The internal review of your Freedom of Information request has been
completed. The internal review was carried out by an internal review panel
(‘the Panel’) in accordance with TfLs’s internal review procedure.

The review considered the correspondence associated with the request you
first submitted on 21 January, to which TfL responded on 04 March, and
resubmitted on 06 May, to which TfL responded on 01 July. The Panel noted
that in both cases LU failed to comply in accordance with the statutory
deadline.

The Panel agreed that the delay in responding to the request you submitted
on 21 January was due to Customer Services failing to allocate the request
to the appropriate department until 25 February 2010, by which time the
deadline had already passed.

The delay in responding to the follow-up request you submitted on 06 May
was due to the fact that it was not until your request was nearing the
deadline that those dealing with the request were informed that LU was
considering its legal position in respect of the incident. There were then
discussions as to whether disclosure of the report would prejudice LU’s
commercial interests. Following these discussions a formal exemption under
section 43 of the Act was sought. This exemption was approved on 16 June
and a response should have been sent shortly thereafter. Unfortunately, it
took a further two weeks to draft and approve a response.

On behalf of TfL please accept my apologies for the time taken to respond.
The issues identified by the Panel will be taken up with Customer
Services.

I hope this information is of assistance. Please note that the Panel did
not look at whether it was appropriate to withhold the report under
section 43. If you would like the application of this exemption reviewed,
please let me know.

If you are dissatisfied with the outcome of this internal review, you can
refer the matter to the independent authority responsible for enforcing
the Freedom of Information Act at the following address.

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

A complaint form is available on the ICO’s website (www.ico.gov.uk).

Yours sincerely

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

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