Copy of IA 13744 Report submitted by TfL to the Croydon Tram Crash Investigations

Tom Kearney made this Freedom of Information request to Transport for London

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Transport for London.

Dear Transport for London,

TfL's 'file copy' of IA 13744 (Competence and Fitness of Tram Operations Limited (TOL) Tram Operators dated 2 July 2014) released by the Mayor of London on 26 June 2018 in response to Question 2018/1314 (https://www.london.gov.uk/questions/2018...) is missing the report's final four pages (numbered 9-12). Please send me a copy of the version(s) of IA 13744 (and any related covering documentation) which TfL submitted to the Croydon Tram Crash Investigators (RAIB, SNC Lavalin), the British Transport Police and the Office of Rail and Road as part of their investigations into the Croydon Tram Crash.

Yours faithfully,

Tom Kearney

FOI, Transport for London

Dear Mr Kearney

 

Our Ref:         FOI-2156-1920

 

Thank you for your request received on 18 October 2019 asking for a copy
of the IA 13744 Report.

 

Your request will be processed in accordance with the requirements of the
Freedom of Information Act and our information access policy.

 

A response will be sent to you by 15 November 2019. We publish a
substantial range of information on our website on subjects including
operational performance, contracts, expenditure, journey data, governance
and our financial performance. This includes data which is frequently
asked for in FOI requests or other public queries. Please check
[1]http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

 

We will publish anonymised versions of requests and responses on the
[2]www.tfl.gov.uk website. We will not publish your name and we will send
a copy of the response to you before it is published on our website.

 

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

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[3][TfL request email]

 

 

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FOI, Transport for London

1 Attachment

Dear Mr Kearney

 

Our Ref:         FOI-2156-1920

 

Thank you for your request received on 18 October 2019 asking for a copy
of the IA 13744 Report and the related covering documentation.

 

Your request is being considered in accordance with the requirements of
the Freedom of Information (FOI) Act and our information access policy. I
can confirm we do hold the information you require.

 

However, in accordance with Section 17 of the Freedom of Information Act
we are still considering the balance of the public interest in relation to
a qualified exemption that applies to the covering documentation and have
not yet reached a conclusion. The exemptions under consideration are
section 30 - investigations and proceedings conducted by public
authorities and section 31 – law enforcement. It is estimated that a
decision will be reached by 16 December 2019 and I will write again to
inform you of that decision.

 

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

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

 

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FOI, Transport for London

1 Attachment

Dear Mr Kearney

 

Our Ref:         FOI-2156-1920

 

Thank you for your request received on 18 October 2019 asking for a copy
of the full text of IA Report 13744 and the related covering
documentation.

 

Your request has been considered in accordance with the requirements of
the Freedom of Information Act and our information access policy. I can
confirm we do hold the information you require.

 

Please refer to the answer to an identically worded question to the Mayor
2019/20159 for a further information and a full copy of Internal Audit
13744:

 

[1]https://www.london.gov.uk/questions/2019...

 

In accordance with section 21 of the FOI Act, TfL is not obliged to supply
you with a copy of the requested information as it is already accessible
to you elsewhere.

 

Additionally, in accordance with the FOI Act, other information which TfL
has provided to the RAIB, SNC Lavalin, ORR or the BTP for the purpose of
their investigations would be exempt from disclosure, in accordance with
the exemptions to the right of access to information under section
31(1)(g) of the FOI Act.

 

The exemption at section 31(1)(g) relates to information whose disclosure
would be likely to prejudice the exercise by any public authority of its
functions for any of the purposes listed in subsection 31(2) of the FOI
Act. In this instance, the relevant purposes would be 31(2)(c) ‘the
purpose of ascertaining whether circumstances which would justify
regulatory action in pursuance of any enactment exist or may arise’; 2(e),
‘the purpose of ascertaining the cause of an accident’; 2(i) ‘the purpose
of securing the health, safety and welfare of persons at work’ and 2(j)
‘the purpose of protecting persons other than persons at work against risk
to health or safety arising out of or in connection with the actions of
persons at work’.

 

The use of these exemption is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. We
recognise the need for openness and transparency by public authorities,
but in this instance we consider that there is greater public interest in
withholding the information to ensure no prejudice is caused to the
investigations and any proceedings that may arise from them.

 

If this is not the information you are looking for, or if you are unable
to access it for some reason, please feel free to contact me.

 

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

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[2][TfL request email]

 

 

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