Communications with Northern regarding compliance with their DPPP

The request was partially successful.

Dear Office of Rail and Road,

On 14 September you wrote to Northern about, inter alia, their DPPP, saying:

"We have discussed with you on a number of occasions issues related to your Disabled People’s Protection Policy. We are interested in understanding your progress more generally on a range of DPPP matters including your scooter trials and plans for providing greater clarity on both your policy and its communication."

Please provide copies of your communications with Northern on this issue, and their replies. Where such communication was by phone, video conference or in person, such that the actual conversation was not recorded, please provide details as to when, where and between whom the conversation was held and any notes made of the contents or results of that conversation.

Please supply Northern's reply to your letter of 14th September, and any ensuing correspondence.

Yours faithfully,

Doug Paulley

CCT Contact, Office of Rail and Road

2 Attachments

Dear Mr Paulley

 

Thank you for your email of today which I am handling under the terms of
the Freedom of Information Act 2000 (FoIA 2000).

 

We aim to respond to all such requests asap and within 20 working days of
receipt. A full response will be provided no later than 27^th November.

 

If you have any queries regarding your request please contact me.

 

Yours sincerely

 

Paul Wilkinson

 

 

[1]Description: [2]Description: Description: Paul Wilkinson
Description: cid:image005.jpg@01D08D89.87665150 Senior Executive
Office of Rail
and Road logo Customer Correspondence Team
0207 282 2018

[3][email address]

1 Kemble Street, London, WC2B
4AN

[4]http://orr.gov.uk/

Follow us on twitter
[5]@railandroad

ORR protects the interests of rail and road users; improving the safety,
value and performance of railways and roads, today and into the future.

 

Disclaimer

The information contained in this communication from the sender is
confidential. It is intended solely for use by the recipient and others
authorized to receive it. If you are not the recipient, you are hereby
notified that any disclosure, copying, distribution or taking action in
relation of the contents of this information is strictly prohibited and
may be unlawful.

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CCT Contact, Office of Rail and Road

2 Attachments

Dear Mr Paulley

 

Further to your request concerning  communications with Northern regarding
compliance with their DPPP, I would be grateful if you would clarify the
information you are seeking e.g.:

 

a)      Communications between ORR and Northern regarding scooter trials,
or

 

b)     Communications between ORR and Northern regarding compliance with
their DPPP.

 

Many thanks

 

Paul Wilkinson

 

 

[1]Description: [2]Description: Description: Paul Wilkinson
Description: cid:image005.jpg@01D08D89.87665150 Senior Executive
Office of Rail
and Road logo Customer Correspondence Team
0207 282 2018

[3][email address]

1 Kemble Street, London, WC2B
4AN

[4]http://orr.gov.uk/

Follow us on twitter
[5]@railandroad

ORR protects the interests of rail and road users; improving the safety,
value and performance of railways and roads, today and into the future.

 

 

 

 

 

 

 

 

From: Doug Paulley <[FOI #529422 email]>
Sent: 31 October 2018 10:30 AM
To: CCT Contact <[email address]>
Subject: Freedom of Information request - Communications with Northern
regarding compliance with their DPPP

 

Dear Office of Rail and Road,

On 14 September you wrote to Northern about, inter alia, their DPPP,
saying:

"We have discussed with you on a number of occasions issues related to
your Disabled People’s Protection Policy. We are interested in
understanding your progress more generally on a range of DPPP matters
including your scooter trials and plans for providing greater clarity on
both your policy and its communication."

Please provide copies of your communications with Northern on this issue,
and their replies. Where such communication was by phone, video conference
or in person, such that the actual conversation was not recorded, please
provide details as to when, where and between whom the conversation was
held and any notes made of the contents or results of that conversation.

Please supply Northern's reply to your letter of 14th September, and any
ensuing correspondence.

Yours faithfully,

Doug Paulley

-------------------------------------------------------------------

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show quoted sections

Dear CCT Contact,

Thank you for this.

I'm not intending on being intransigent or unhelpful, but I think the best way I can help clarify what particular information I am looking for. If I may restate.

In a recent letter you said:

"We have discussed with you on a number of occasions issues related to
your Disabled People’s Protection Policy. We are interested in
understanding your progress more generally on a range of DPPP matters
including your scooter trials and plans for providing greater clarity on
both your policy and its communication."

"Please provide copies of your communications with Northern on this issue,
and their replies."

I'm after the information that is caught by your paragraph above, so the comms which you were referring to in the paragraph. The ORR were clearly referring to some communications with Northern about their DPPP, and some of those communications were about scooter trials and policy etc. I'm after the whole lot, i.e. all comms you've had with Northern from the "number of occasions issues related to (their) DPPP". I'm particularly interested in the scooter stuff but I am wanting all the comms in general, because I am v interested in all comms on such because as you know I have a great interest in accessibility, trains, rail accessibility and in particular DPPPs and compliance with it.

Thank you

Yours sincerely,

Doug Paulley

CCT Contact, Office of Rail and Road

Dear Mr Paulley

 

Noted and thanks for the clarification.

 

Kind regards

 

Paul Wilkinson

 

From: Doug Paulley <[FOI #529422 email]>
Sent: 13 November 2018 4:33 PM
To: CCT Contact <[email address]>
Subject: RE: Freedom of Information request - Communications with Northern
regarding compliance with their DPPP Our Ref FoI 0478

 

Dear CCT Contact,

Thank you for this.

I'm not intending on being intransigent or unhelpful, but I think the best
way I can help clarify what particular information I am looking for. If I
may restate.

In a recent letter you said:

"We have discussed with you on a number of occasions issues related to
your Disabled People’s Protection Policy. We are interested in
understanding your progress more generally on a range of DPPP matters
including your scooter trials and plans for providing greater clarity on
both your policy and its communication."

"Please provide copies of your communications with Northern on this issue,
and their replies."

I'm after the information that is caught by your paragraph above, so the
comms which you were referring to in the paragraph. The ORR were clearly
referring to some communications with Northern about their DPPP, and some
of those communications were about scooter trials and policy etc. I'm
after the whole lot, i.e. all comms you've had with Northern from the
"number of occasions issues related to (their) DPPP". I'm particularly
interested in the scooter stuff but I am wanting all the comms in general,
because I am v interested in all comms on such because as you know I have
a great interest in accessibility, trains, rail accessibility and in
particular DPPPs and compliance with it.

Thank you

Yours sincerely,

Doug Paulley

show quoted sections

Wilkinson, Paul, Office of Rail and Road

2 Attachments

Dear Mr Paulley

 

I write further to your request for information regarding communications
with Northern regarding compliance with their DPPP.

 

I am handling your request under the terms of the Freedom of Information
Act 2000 (FoIA 2000).

 

Although FoIA 2000 normally requires us to send a response within 20
working days, it is sometimes necessary to extend this limit in certain
circumstances, especially if a qualified exemption is being considered.

 

In this case we will need to extend the response deadline, because the
information you have asked for needs to be considered under an FoIA
exemption where a public interest test applies. This means that we need to
assess whether the public interest in disclosing the information outweighs
the public interest in withholding it, and extra time can be allowed for
this deliberation.

 

The exemption which we are considering is:

 

o s.43 (2) - commercial interests.

 

I will write again  no later than Monday 24^th December with  the outcome
of the public interest test.

 

Please accept my apologies for any inconvenience this delay may cause.

 

Should you have any queries about your request please contact me.

 

Your rights of appeal under FoIA 2000

 

If you are not satisfied in any way with how your request has been
handled, you have the right to ask for an internal review. Internal review
requests should be submitted within two months of the date of this email,
and should be addressed to the Board Secretariat at:

 

Office of Rail and Road

One Kemble Street

London

WC2B 4AN

 

Email [1][email address]

 

If you are not content with the outcome of the internal review, you may
apply directly to the Information Commissioner (IC) for a decision.
Generally the IC cannot make a decision unless you have exhausted the
complaints procedure provided by ORR. The IC can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 0303 123 1113

Email:  [2][email address]

Website: [3]http://www.informationcommissioner.gov.uk

 

Yours sincerely

 

Paul Wilkinson

 

 

[4]Description: [5]Description: Description: Paul Wilkinson
Description: cid:image005.jpg@01D08D89.87665150 Senior Executive
Office of Rail
and Road logo Customer Correspondence Team
0207 282 2018

[6][email address]

1 Kemble Street, London, WC2B
4AN

[7]http://orr.gov.uk/

Follow us on twitter
[8]@railandroad

ORR protects the interests of rail and road users; improving the safety,
value and performance of railways and roads, today and into the future.

 

Disclaimer

The information contained in this communication from the sender is
confidential. It is intended solely for use by the recipient and others
authorized to receive it. If you are not the recipient, you are hereby
notified that any disclosure, copying, distribution or taking action in
relation of the contents of this information is strictly prohibited and
may be unlawful.

This email has been scanned for viruses and malware, and may have been
automatically archived by Mimecast Ltd.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.informationcommissioner.gov.uk/
4. http://orr.gov.uk/
6. mailto:[email address]
7. http://orr.gov.uk/
8. https://twitter.com/railregulation

Wilkinson, Paul, Office of Rail and Road

3 Attachments

Dear Mr Paulley

 

I write further to my email of 27^th November with the outcome of the
public interest test.

 

Public Interest Test

Factors considered in favour of release:

·       The promotion of transparency in decision-making and policy
formulation by ORR.

Balanced against these factors for maintaining the exemption:

·       Disclosure would make it less likely that train
operating companies such as Northern  would provide ORR with such
information in the future and undermine the ability of ORR to fulfil our
duties.

·       Release of some of the information could materially damage  the
commercial interests of Northern.

Decision

For the information covered by s.43 (2),  I consider that the public
interest is best served by maintaining the exemption. Some of the
information exempted is subject to ongoing discussions within Northern.
Disclosure could prejudice these discussions and also damage the
commercial interests of the company during ongoing negotiations with
suppliers. 

I  also consider that some of the information was provided in confidence
and is covered by s.41 (1) (a), this is an absolute exemption. The rest of
the information not subject to the exemptions identified, I consider can
be disclosed but with personal information redacted under s.40 (2) (b).
This information is attached.

Caveats

·        The email dated 9^th May 2018 from Northern to ORR regarding the
provision of information during a strike day – the discussions held
related to specific issues Northern experienced at that time, these have
since been resolved.

·        The email of 11^th October 2018 providing a summary of a meeting
held the same day, is an ORR internal minute and not any agreed minutes of
the discussions with Northern.

Copyright

The  ORR information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You may re-use (not including
logos) free of charge in any format or medium under the terms of the Open
Government Licence. To view this licence, visit
[1]http://www.nationalarchives.gov.uk/doc/o...
or write to the Information Policy Team, The National Archives, Kew,
London TW9 4DU, or email [2][email address].

You will have to seek the permission of Northern to reproduce any of their
information.

Should you have any queries regarding your request please contact me.

Your rights of appeal under FoIA 2000. 

 

If you are not satisfied with in any way in which your request has been
handled, you have the right to ask for an internal review. Internal review
requests should be submitted within two months of the date of this email,
and should be addressed to the Board Secretariat at: 

 

Office of Rail and Road 

One Kemble Street 

London 

WC2B 4AN 

 

Email: [3][email address

 

If you are not content with the outcome of the internal review, you may
apply directly to the Information Commissioner (IC) for a decision.
Generally the IC cannot make a decision unless you have exhausted the
complaints procedure provided by ORR. The IC can be contacted at: 

 

The Information Commissioner’s Office 

Wycliffe House 

Water Lane 

Wilmslow 

Cheshire 

SK9 5AF 

 

Tel: 0303 123 1113 

Email: [4][email address

Website:  [5]https://ico.org.uk/ 

 

Yours sincerely

Paul Wilkinson

 

 

[6]Description: [7]Description: Description: Paul Wilkinson
Description: cid:image005.jpg@01D08D89.87665150 Senior Executive
Office of Rail
and Road logo Customer Correspondence Team
0207 282 2018

[8][email address]

1 Kemble Street, London, WC2B
4AN

[9]http://orr.gov.uk/

Follow us on twitter
[10]@railandroad

ORR protects the interests of rail and road users; improving the safety,
value and performance of railways and roads, today and into the future.

 

 

 

 

Disclaimer

The information contained in this communication from the sender is
confidential. It is intended solely for use by the recipient and others
authorized to receive it. If you are not the recipient, you are hereby
notified that any disclosure, copying, distribution or taking action in
relation of the contents of this information is strictly prohibited and
may be unlawful.

This email has been scanned for viruses and malware, and may have been
automatically archived by Mimecast Ltd.

References

Visible links
1. http://www.nationalarchives.gov.uk/doc/o...
2. mailto:[email address]
3. mailto:[email address]
4. mailto:[email address]
5. https://ico.org.uk/
6. http://orr.gov.uk/
8. mailto:[email address]
9. http://orr.gov.uk/
10. https://twitter.com/railregulation