Incident involving Train Manager on 12/02/2022

I Madder made this Rhyddid Gwybodaeth request to London North Eastern Railway Limited

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Roedd y cais yn llwyddiannus.

Dear London North Eastern Railway Limited,

I wish to request the following information under the terms of the Freedom of Information Act 2000 'The Act'.

In order to assist you with this request, I am outlining my query as specifically as possible. As you will understand, this may not be a definitive list of relevant information.

You should also be aware that it is a requirement of the act to respond within 20 working days and I am fully aware of my rights to escalate this if you fail to follow this law.

You also should be aware the act provides a duty on yourselves to assist requesters I.E. me.

I am aware of a serious complaint having been made against a Train Manager based at KGX who was involved in a incident on the 12 February 2022. I am deliberately withholding the train times and headcode involved so as not to identify the personal individual on a public forum however this information can be provided.

1. Please provide a redacted copy of the original complaint Email that was sent in regards to the complaint raised against this Train Manager.
2. Please provide any internal emails that have been sent in regards to this complaint. e.g. from this Train Managers Line Manager to any Higher Managers e.g. Customer Experience Manager or Customer Relations Manager or Senior Customer Relations Manager.
2.1 Please be aware that Senior Managers have no reasonable expectation of privacy in regards to company email addresses and as such these should not be redacted and in any case these would already be in the public domain, e.g. Customer Experience Manager or Customer Relations Manager or Senior Customer Relations Manager.
ICO guidance states “The more senior an employee is and the more responsibility they have for decision making and expenditure of public money, the greater their expectation should be that you disclose their names.” Also see Cox v Information Commissioner and Home Office [2018] UKUT 119 (AAC).
3. Please confirm what action has been taken, if any, in regards to the complaint raised.
3.1. If any action has been taken please provide a list or actions carried out (please also see 4 below).
4. Please provide a redacted copy of any investigation, interviews, coaching, retraining, disciplinary (obviously redacting sanction taken) if anything has actually been done in regards to the complaint.
5. Please provide a copy of LNERs internal disciplinary policy/procedure.
6. Please provide a copy of LNERs standards/conduct in employment.
7. Please provide a copy of LNERs Job Description for a Train Manager such as the one at KGX.

In accordance with S.11 of the FOIA I require all documents to either be in .doc, .xls or .pdf format.

Yours faithfully,
I Madder

FOI, London North Eastern Railway Limited

Dear I Madder

Our complaints system assigns a case number, but not a category or subject matter. If I look at the system for the 12th February there are 700 requests which I would need to read in order to identify a request that may fulfil your parameters.

I would appreciate some additional direction to be sent to myself. Foi {!at} lner dot co dot uk. Hopefully that makes it through the WDTK filter. If not our FOI email address is listed on our website.

Kind regards

Abigail

dangos adrannau a ddyfynnir

Dear Abigail Coates

Please add the following to my request:
3.2 If any compensation or Gestures of goodwill been paid out, please confirm what, if anything, has been paid.

As requested the details to further narrow down the information I am after is as follows:

You are required under S16 of the act to assist me in my request before engaging ANY exemptions. Additionally I again draw your attention to 2.1 of my previous correspondence.

The train concerned is
[material removed from public view on WhatDoTheyKnow - information which could lead to potentially unfair identification of an individual] YRK-KGX
I also apologise but my original correspondence had the wrong date on it and the correct date is 13 February 2022.

I suggest you speak with Adam Davies and Mike Ross to obtain the relevant case reference number and follow the email chain. This as I understand has already been via multiple managers including line managers (name redacted) and the names as above. These names have been released as by virtue of their positions being pretty senior they have no reasonable expectation of privacy as per Cox v Information Commissioner and Home Office [2018] UKUT 119 (AAC). The Train Managers name I am aware of [potentially personally identifiable information removed] but not posting in full for reasons previously stated.
Additionally as the information is already known certain Data Protection Exemptions cannot be engaged.

As per S11 of FOIA this is to be provided in .pdf format.
Additionally I am fully aware of my rights under S17.

Yours sincerely,

I Madder

Dear FOI,

I note that you have not yet replied to my last message clarifying the information.
Please can you kindly confirm that said information has been received and is being processed

Yours sincerely,

I Madder

FOI, London North Eastern Railway Limited

Dear Mr Maddee
I have received your clarification 
Regards
Abigail 

══════════════════════════════════════════════════════════════════════════

From: I Madder <[FOI #844574 email]>
Sent: Thursday, April 7, 2022 8:33:23 PM
To: FOI <[email address]>
Subject: RE: Freedom of Information request - Incident involving Train
Manager on 12/02/2022
 
Dear FOI,

I note that you have not yet replied to my last message clarifying the
information.
Please can you kindly confirm that said information has been received and
is being processed

Yours sincerely,

I Madder

dangos adrannau a ddyfynnir

Dear FOI,

This request is now overdue, please kindly confirm when the request will be answered.
Remember FOIA requests are not a matter of choice as to if you decide to respond but are law. It is a legal requirement for you to reply.

Yours sincerely,

I Madder

Dear London North Eastern Railway Limited,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of London North Eastern Railway Limited's handling of my FOI request 'Incident involving Train Manager on 12/02/2022' due to the fact you have failed, once again, to comply with the request and release the information required within the required legal timescale.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,

I Madder

Dear FOI,

As it is now apparent that you are now ignoring my correspondence, further proven by your ignoring my other request, it is now obvious I will need to involve the ICO.
Obviously I will make it clear to the ICO you have also failed to respond to other FOI requests on WDTK and thus you need the ICO to monitor you more heavily.

Yours sincerely,

I Madder

Gadawodd I Madder anodiad ()

This has now been logged as a formal complaint to the ICO.

FOI, London North Eastern Railway Limited

5 Atodiad

Dear Ian

Please see attached

Regards

Abigail

dangos adrannau a ddyfynnir