Croydon Tram Crash Compensation

The request was refused by Transport for London.

Dear Transport for London,

I wish to see the details of all compensation provided to victims of the Croydon Tram Crash at Sandilands, in November 2016.

Can you let me know how many claims have been made, and for each one :
- How much was the request for?
- How much was paid, and when?
- If the full amount was not met, why?

How many claims are unpaid or still outstanding, and why?

What is the total amount paid by TfL in compensation?

I wish to be informed in writing whether you have such information and, if so, I seek the disclosure of that information. If the information is covered by any exemptions, please disclose such information as is not covered by the exemptions.

If you are considering charging for the disclosure of this information, please inform me before any work that would be liable to a charge is carried out.

Yours faithfully,

Rachael Venables

FOI, Transport for London

Dear Ms Venables

 

Our Ref:         FOI-1879-1819

 

Thank you for your request received on 18 October 2018 asking for
information about compensation provided to the victims of the Croydon Tram
crash at Sandilands.

 

Your request will be processed by TfL, the Greater London Authority and
its subsidiaries to provide you with a response in accordance with the
Freedom of Information Act and our information access policy.

 

A response will be sent to you by 15 November 2018. 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 Ms Venables

 

Our Ref:          FOI-1879-1819

 

Thank you for your request received on 18 October 2018 asking for
information about compensation provided to the victims of the Croydon Tram
crash at Sandilands.

 

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. You asked:

 

Can you let me know how many claims have been made:

 

93 claims have been made arising from the incident. To date 34 claims have
been closed.

 

And for each one :

o   How much was the request for?

o   How much was paid, and when?

o   If the full amount was not met, why?

 

How many claims are unpaid or still outstanding, and why?

 

TfL and FirstGroup are working with claims handlers and insurer to deal
with all claims. There are 59 claims which are not yet closed although
interim payments have been made in most cases. We consider that further
detail on these claims is exempt from disclosure under section 40(2) of
the FOI Act, as disclosure of this personal data would be a breach of Data
Protection legislation, specifically the first principle of the DPA which
requires all processing of personal data to be fair and lawful. It would
not be fair to disclose this personal information when the bereaved or
injured individuals have no expectation it would be disclosed and TfL has
not satisfied one of the conditions which would make the processing
‘fair’.

 

This exemption to the right of access to information is an absolute
exemption and not subject to an assessment of whether the public interest
favours use of the exemption.

 

In addition to section 40(2), this information is also exempt from
disclosure as it is subject to a statutory exemption to the right of
access to information under section 43(2) of the FOI Act.

 

In this instance the exemption has been applied as disclosure of the
information you have requested would be likely to prejudice our commercial
interests, because providing details of individual claims would prejudice
the discussion and negotiation of the remaining claims and could adversely
affect the settlement of any claims made against the insurance policy.

 

The use of this 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,
particularly where the expenditure of public money is concerned and in
light of such a tragic incident, but in this instance the public interest
in ensuring that any claims proceedings are not unduly prejudiced,
outweighs the general public interest in increasing transparency of our
processes.

 

What is the total amount paid by TfL in compensation?

 

To date, more than £5 million has been paid for counselling,
rehabilitation, compensation and other activities to support those
affected. This amount includes payments on closed claims and on claims
which are still open.

 

Further information is available on our website:

 

[1]https://tfl.gov.uk/modes/trams/croydon-t...

 

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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