Croydon Tram Crash Investigation: Communication between Director of HSE & MD Surface Transport (9 November 2016 to present)

The request was partially successful.

Dear Transport for London,

For the period 9 November 2016 to the present, please provide copies of all correspondence between TfL's Director of Health Safety Environment and TfL's Managing Director of Surface Transport on the subject of the Sandilands Tram Crash.

Yours faithfully,

Tom Kearney

FOI, Transport for London

Dear Mr Kearney

 

Our Ref:         FOI-0401-1920

 

Thank you for your request received on 7 May 2019 asking for a copy of
communication between the Director of HSE and MD Surface Transport.

 

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 5 June 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]

 

 

 

-----Original Message-----
From: Tom Kearney [mailto:[FOI #574717 email]]
Sent: 07 May 2019 11:44
To: FOI
Subject: Croydon Tram Crash: Communication between Director of HSE and MD
Surface Transport (9 Nov 2016 to present)

 

Dear Transport for London,

 

For the period 9 November 2016 to the present, please provide copies of
all correspondence between TfL's Director of Health Safety Environment and
TfL's Managing Director of Surface Transport on the subject of the
Sandilands Tram Crash.

 

Yours faithfully,

 

Tom Kearney

 

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

 

Please use this email address for all replies to this request:

[FOI #574717 email]

 

Is [TfL request email] the wrong address for Freedom of Information requests to
Transport for London? If so, please contact us using this form:

https://www.whatdotheyknow.com/change_re...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

 

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

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you have received this email in error, please notify us immediately at
[email address] and remove it from your system. If received in
error, please do not use, disseminate, forward, print or copy this email
or its content. Transport for London excludes any warranty and any
liability as to the quality or accuracy of the contents of this email and
any attached files.

 

Transport for London is a statutory corporation whose principal office is
at 55 Broadway, London, SW1H 0DB. Further information about Transport for
London’s subsidiary companies can be found on the following link:
[4]http://www.tfl.gov.uk/corporate/about-tfl/

 

Although TfL have scanned this email (including attachments) for viruses,
recipients are advised to carry out their own virus check before opening
any attachments, as TfL accepts no liability for any loss, or damage which
may be caused by viruses.

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References

Visible links
1. http://www.tfl.gov.uk/corporate/transpar...
2. http://www.tfl.gov.uk/
3. mailto:[TfL request email]
4. http://www.tfl.gov.uk/corporate/about-tfl/

hide quoted sections

FOI, Transport for London

1 Attachment

Dear Mr Kearney

 

Our Ref:         FOI-0401-1920

 

Thank you for your request received on 7 May 2019 asking for a copy of
communication between the Director of HSE and MD Surface Transport.

 

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 requested information and have
not yet reached a conclusion. The exemption under consideration is section
42 – legal privilege. It is estimated that a decision will be reached by 3
July 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]

 

 

 

-----Original Message-----
From: Tom Kearney [mailto:[FOI #574717 email]]
Sent: 07 May 2019 11:44
To: FOI
Subject: Croydon Tram Crash: Communication between Director of HSE and MD
Surface Transport (9 Nov 2016 to present)

 

Dear Transport for London,

 

For the period 9 November 2016 to the present, please provide copies of
all correspondence between TfL's Director of Health Safety Environment and
TfL's Managing Director of Surface Transport on the subject of the
Sandilands Tram Crash.

 

Yours faithfully,

 

Tom Kearney

 

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

 

Please use this email address for all replies to this request:

[FOI #574717 email]

 

Is [TfL request email] the wrong address for Freedom of Information requests to
Transport for London? If so, please contact us using this form:

https://www.whatdotheyknow.com/change_re...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

 

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

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

 

 

***********************************************************************************

The contents of this e-mail and any attached files are confidential. If
you have received this email in error, please notify us immediately at
[email address] and remove it from your system. If received in
error, please do not use, disseminate, forward, print or copy this email
or its content. Transport for London excludes any warranty and any
liability as to the quality or accuracy of the contents of this email and
any attached files.

 

Transport for London is a statutory corporation whose principal office is
at 55 Broadway, London, SW1H 0DB. Further information about Transport for
London’s subsidiary companies can be found on the following link:
[2]http://www.tfl.gov.uk/corporate/about-tfl/

 

Although TfL have scanned this email (including attachments) for viruses,
recipients are advised to carry out their own virus check before opening
any attachments, as TfL accepts no liability for any loss, or damage which
may be caused by viruses.

***********************************************************************************

 

References

Visible links
1. mailto:[TfL request email]
2. http://www.tfl.gov.uk/corporate/about-tfl/

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FOI, Transport for London

1 Attachment

Dear Mr Kearney

 

Our Ref:         FOI-0401-1920

 

Thank you once again for your request received on 7 May 2019 asking for a
copy of communication between the Director of HSE and MD Surface
Transport.

 

We are still considering the balance of the public interest in relation to
a qualified exemption that applies to the requested information and have
not yet reached a conclusion. I apologise for this delay and any
inconvenience caused. We expect to be able to provide a response in the
next few weeks.

 

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]

 

 

 

-----Original Message-----
From: Tom Kearney [mailto:[FOI #574717 email]]
Sent: 07 May 2019 11:44
To: FOI
Subject: Croydon Tram Crash: Communication between Director of HSE and MD
Surface Transport (9 Nov 2016 to present)

 

Dear Transport for London,

 

For the period 9 November 2016 to the present, please provide copies of
all correspondence between TfL's Director of Health Safety Environment and
TfL's Managing Director of Surface Transport on the subject of the
Sandilands Tram Crash.

 

Yours faithfully,

 

Tom Kearney

 

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

 

Please use this email address for all replies to this request:

[FOI #574717 email]

 

Is [TfL request email] the wrong address for Freedom of Information requests to
Transport for London? If so, please contact us using this form:

https://www.whatdotheyknow.com/change_re...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

 

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

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

 

 

***********************************************************************************

The contents of this e-mail and any attached files are confidential. If
you have received this email in error, please notify us immediately at
[email address] and remove it from your system. If received in
error, please do not use, disseminate, forward, print or copy this email
or its content. Transport for London excludes any warranty and any
liability as to the quality or accuracy of the contents of this email and
any attached files.

 

Transport for London is a statutory corporation whose principal office is
at 55 Broadway, London, SW1H 0DB. Further information about Transport for
London’s subsidiary companies can be found on the following link:
[2]http://www.tfl.gov.uk/corporate/about-tfl/

 

Although TfL have scanned this email (including attachments) for viruses,
recipients are advised to carry out their own virus check before opening
any attachments, as TfL accepts no liability for any loss, or damage which
may be caused by viruses.

***********************************************************************************

 

References

Visible links
1. mailto:[TfL request email]
2. http://www.tfl.gov.uk/corporate/about-tfl/

hide quoted sections

FOI, Transport for London

2 Attachments

Dear Mr Kearney

 

Our Ref:         FOI-0401-1920

 

Thank you for your request received on 7 May 2019 asking for a copy of
communications between the Director of Health, Safety & Environment (HSE)
and MD Surface Transport on the subject of the tram overturning at
Sandilands in November 2016. I apologise for the delay in my response.

 

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 find attached correspondence between Jill Collis, Director of HSE,
and Leon Daniels, who was MD Surface Transport until December 2017.

 

In accordance with the FOI Act, we are not obliged to supply some of the
information as it is subject to a statutory exemption to the right of
access to information under sections 42 and 44(1)(a) . In this instance
section 42 has been applied as some of the information you have requested
relates directly to the seeking, provision, and result of legal advice.
Section 44(1)(a) has been applied as some information is prohibited from
disclosure under another enactment, in this case Reg 10(3) of the Railways
(Accident Investigation and Reporting) Regulations 2005.

 

Section 42 of the Freedom of Information Act exempts legally privileged
information, including legal advice, from disclosure under the Freedom of
Information Act. There is a very strong element of public interest inbuilt
into the concept of Legal Professional Privilege and this has long been
recognised, by the Information Commissioner, the Information Tribunal and
the courts, and it reflects the importance of legal advice being sought,
and given, in confidence as a fundamental condition on which the
administration of justice rests. There is an inherent public interest in
TfL being able to obtain full and frank legal advice, and this is
consistent with TfL’s responsibility to analyse and address legal risks
and issues.

 

The RAIB’s (Rail Accident Investigation Branch) response to TfL’s comments
on the first interim report was part of the review of a working document
of the RAIB, these documents are protected from disclosure under Reg
10(3)(e) of the Railways (Accident Investigation and Reporting)
Regulations 2005:

 

(3) Except by order of a relevant court and subject to paragraph (7), the
Branch shall not be required to disclose to anyone -

(e) working documents of the Branch.

 

We, and the RAIB, believe that the RAIB’s comments fit this description
and is therefore exempt in accordance with section 44(1)(a) of the FOI
Act. As section 44 is an absolute exemption we have not gone on to
consider the public interest test.

 

In accordance with our obligations under Data Protection legislation some
information has been withheld from the attached correspondence, as
required by section 40(2) of the FOI Act. This is because disclosure of
this personal data would be a breach of the legislation, specifically the
first principle of Article 5 of the General Data Protection Regulation
which requires all processing of personal data to be fair and lawful. It
would not be fair to disclose this personal information when the
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.

 

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

 

[1][TfL request email]

 

 

 

-----Original Message-----
From: Tom Kearney [mailto:[FOI #574717 email]]
Sent: 07 May 2019 11:44
To: FOI
Subject: Croydon Tram Crash: Communication between Director of HSE and MD
Surface Transport (9 Nov 2016 to present)

 

Dear Transport for London,

 

For the period 9 November 2016 to the present, please provide copies of
all correspondence between TfL's Director of Health Safety Environment and
TfL's Managing Director of Surface Transport on the subject of the
Sandilands Tram Crash.

 

Yours faithfully,

 

Tom Kearney

 

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

 

Please use this email address for all replies to this request:

[FOI #574717 email]

 

Is [TfL request email] the wrong address for Freedom of Information requests to
Transport for London? If so, please contact us using this form:

https://www.whatdotheyknow.com/change_re...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

 

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

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

 

 

***********************************************************************************

The contents of this e-mail and any attached files are confidential. If
you have received this email in error, please notify us immediately at
[email address] and remove it from your system. If received in
error, please do not use, disseminate, forward, print or copy this email
or its content. Transport for London excludes any warranty and any
liability as to the quality or accuracy of the contents of this email and
any attached files.

 

Transport for London is a statutory corporation whose principal office is
at 55 Broadway, London, SW1H 0DB. Further information about Transport for
London’s subsidiary companies can be found on the following link:
[2]http://www.tfl.gov.uk/corporate/about-tfl/

 

Although TfL have scanned this email (including attachments) for viruses,
recipients are advised to carry out their own virus check before opening
any attachments, as TfL accepts no liability for any loss, or damage which
may be caused by viruses.

***********************************************************************************

 

References

Visible links
1. mailto:[TfL request email]
2. http://www.tfl.gov.uk/corporate/about-tfl/

hide quoted sections