Public liability and compensation
Dear Transport for London,
Can I please ask for the following:
1. The total number of incidents involving death or injury of a member of the public where TFL has accepted liability in 2018, 2019, 2020, 2021 and 2022. Please breakdown by year and by death or injury.
2. The total number of incidents involving death or injury of a member of the TFL where TFL has accepted liability in 2018, 2019, 2020, 2021 and 2022. Please breakdown by year and by death or injury.
3. The amount paid out for incidents involving death or injury of a member of the public where TFL has accepted liability in 2018, 2019, 2020, 2021 and 2022. Please breakdown by year and cite the highest single payment per year.
4. The amount paid out for incidents involving death or injury of a member of TFL where TFL has accepted liability in 2018, 2019, 2020, 2021 and 2022. Please breakdown by year and cite the highest single payment per year.
Thank you,
Yours faithfully,
Iain Overton
Dear Mr Overton
Our Ref: FOI-2649-2223
Thank you for your request received on 19 January 2023 asking for
information about public liability and compensation.
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 16 February 2023. 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]
Dear Mr Overton
Our Ref: FOI-2649-2223
Thank you for your request received on 19 January 2023 asking for
information about liability and compensation claims made against TfL.
Your request has been 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.
The safety of our staff and customers is always our top priority and
London Underground is recognised as one of the safest metros around the
world. However, we are never complacent, and continuously strive to reduce
injuries.
Slips, trips and falls are the biggest cause of accidents on escalators,
and we have been trialling and implementing a variety of ways to minimise
these incidents and highlight risks and encourage safe use of
escalators. These include encouraging customers to hold the handrail; walk
or stand safely; be aware of the step or landing interface; and, where
available, to use lifts when mobility impaired.
Further initiatives to minimise slips, trips and falls include blue
footprints on the steps, hand prints on the handrails, contrasting colours
to highlight the ‘comb’ between the moving steps and the landings, wording
on step risers, new electronic displays, under-step lighting, escalator
and lift floor signs, projections of staff members giving safety messages
near escalators and frequent public address announcements.
Additionally, TfL's safety campaigns, which run throughout the year, use
posters in lifts, stations, as well as advertisements on the escalators
across the network, to remind our customers of the risks of running on
stairs and escalators. We continually monitor the effectiveness of our
measures and campaigns in reducing accidents and adjust our approach
accordingly.
We offer comprehensive help and support to people involved in, or affected
by, a life-changing incident on the TfL network via The Sarah Hope Line:
[1]https://tfl.gov.uk/campaign/incident-sup....
Unfortunately, to provide the information you have requested would exceed
the ‘appropriate limit’ of £450 set by the Freedom of Information
(Appropriate Limit and Fees) Regulations 2004.
Under section 12 of the FOI Act, we are not obliged to comply with a
request if we estimate that the cost of determining whether we hold the
information, locating and retrieving it and extracting it from other
information would exceed the appropriate limit. This is calculated at £25
per hour for every hour spent on the activities described.
We have estimated that it would cost over £450 to provide a response to
your current request. This is because it is estimated that it would take
in excess of 18 working hours to retrieve and compile the information you
have requested.
We are unable to report on whether a formal admission or acceptance of
liability has been made due to the way that this information is recorded.
We have received almost 5,000 claims during the time period requested. In
order to collate the information you have requested we would need to
manually review all of the claims we have received in order to determine
whether such an admission or acceptance was made.
To help bring the cost of responding to your request within the £450
limit, you may wish to consider narrowing its scope so that we can more
easily locate, retrieve and extract the information you are seeking. If
you want to refine your request or make a Freedom of Information Act
request in future, please bear in mind that the Freedom of Information Act
allows you to request recorded information held by us. You might consider
limiting your request to a smaller period of time.
Although your request can take the form of a question, rather than a
request for specific documents, we do not have to answer your question if
it would require the creation of new information or the provision of a
judgement, explanation, advice or opinion that was not already recorded at
the time of your request.
Please note that we will not be taking further action until we receive
your revised request.
In the meantime, if you have any queries or would like to discuss your
request, please do not hesitate 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]
Dear Transport for London,
In response to your refusal can I please ask
1. The total number of incidents involving death or injury of a member of the public where TFL has accepted liability in 2022. Please breakdown by death or injury.
2. The amount paid out for incidents involving death or injury of a member of the public where TFL has accepted liability in 2022. Please cite the highest single payment per year.
Yours faithfully,
Iain Overton
Dear Mr Overton
Our Ref: FOI-2930-2223
Thank you for your revised request received on 9 February 2023 asking for
information about public liability and compensation.
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 9 March 2023. 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]
Dear Mr Overton
Our Ref: FOI-2930-2223
Thank you for your request received on 9 February 2023 asking for
information about public liability and compensation.
Your request has been considered in accordance with the requirements of
the Freedom of Information (FOI) Act and our information access policy.
Unfortunately, from the description provided, we are unable to identify
the information you require. To enable us to assist with your request, if
you could please confirm whether you require information on incidents
where liability was accepted in 2022 or incidents that occurred in 2022.
If you could also confirm whether the request is for the 2022 calendar
year or if you require information for the financial year, please note the
2022/23 is not yet complete. In addition to these clarification points,
can you please advise whether the claims you are requesting information
for are linked to motor incidents, Crossrail, or any other projects.
The FOI Act allows you to request recorded information held by Transport
for London (TfL). There are limits on the time that TfL are required to
spend determining whether TfL holds the information you are requesting and
the time spent locating, retrieving and extracting it. Therefore you
should identify the information that you want as clearly and concisely as
you can, specifying the types of document that you are looking for. You
might also consider limiting your request to a particular period of time,
geographical area or specific departments of TfL.
Although your request can take the form of a question, rather than a
request for specific documents, TfL does not have to answer your question
if it would require the creation of new information or the provision of a
judgement, explanation, advice or opinion that was not already recorded at
the time of your request.
Please note that the 20 working day deadline for responding to your
request will depend on when we receive satisfactory additional information
to help clarify your request.
If we hear nothing further from you by 6 March 2023 your response will be
treated as a new request.
In the meantime, if you have any queries or would like to discuss your
request, please feel free to contact me.
Yours sincerely
Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London
[1][TfL request email]
Dear FOI,
In reply,
- I require information on incidents where liability was accepted in 2022;
- the request is for whatever you capture the information in (i.e. if you do 2022 calendar year then that, if you do financial year, then that - ideally the former)
- the claims you i am requesting information for are linked to all events captured that would fall under FOI and accessible under FOI
Yours sincerely,
Iain Overton
Dear Mr Overton
Our Ref: FOI-2930-2223
Thank you for clarifying your request asking for information about public
liability and compensation.
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 14 March 2023.
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
[1][TfL request email]
Dear Mr Overton
Our Ref: FOI-2930-2223
Thank you for your request received on 9 February 2023 asking for
information about public liability and compensation.
Your request has been 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.
Unfortunately, to provide the information you have requested would still
exceed the ‘appropriate limit’ of £450 set by the Freedom of Information
(Appropriate Limit and Fees) Regulations 2004.
Under section 12 of the FOI Act, we are not obliged to comply with a
request if we estimate that the cost of determining whether we hold the
information, locating and retrieving it and extracting it from other
information would exceed the appropriate limit. This is calculated at £25
per hour for every hour spent on the activities described.
We have estimated that it would cost over £450 to provide a response to
your current request. This is because it is estimated that it would take
in excess of 18 working hours to retrieve and compile the information you
have requested.
As previously advised, we are unable to report on whether a formal
admission or acceptance of liability has been made due to the way that
this information is recorded. We estimate that there are approximately
1,500 files that are captured by your narrowed request and these would all
need to be manually reviewed to determine whether such an admission or
acceptance was made. Please note that most claims are successfully
defended, and those that we are required to settle are, more often than
not, settled on a “without prejudice to liability” basis.
Any future requests that ask for information on cases were liability was
admitted or accepted is likely to raise concerns about the appropriate
limit being reached to answer it. Therefore you may instead wish to
request information on how many claims had compensation payments made in
2022, and what the overall cost of these were. Please note however that we
would not be able to provide information in relation to Docklands Light
Railway, Crossrail or incidents involving buses as such incidents are not
managed by TfL or their contracted claims handlers.
Although your request can take the form of a question, rather than a
request for specific documents, we do not have to answer your question if
it would require the creation of new information or the provision of a
judgement, explanation, advice or opinion that was not already recorded at
the time of your request.
Please note that we will not be taking further action until we receive
your revised request.
In the meantime, if you have any queries or would like to discuss your
request, please do not hesitate 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]
Dear FOI,
I feel that you have not been helpful in this request. You could have offered me more ways to get the information you clearly know I am seeking.
Perhaps you can just tell me how many incidents has the TFL, within the limits listed above (dates, jurisdiction etc.) where you paid out compensation to passengers for death and for injury in 2022. And how much was paid out in total for each category (death and injury).
FOI is designed for public scrutiny. Please can you try to engage with me in a way that helps that endeavour and not through rejection without assistance.
Yours sincerely,
Iain Overton
Dear Mr Overton
Our Ref: FOI-3401-2223
Thank you for your request received on 17 March 2023 asking for
information about passenger compensation claims.
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 18 April 2023. 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]
Dear Mr Overton
Our Ref: FOI-3401-2223
Thank you for your request received on 17 March 2023 asking for
information about passenger compensation claims.
Your request has been considered in accordance with the requirements of
the Freedom of Information Act and our information access policy. I can
confirm that we do hold the information you require.
The safety of our staff and customers is always our top priority and
London Underground is recognised as one of the safest metros around the
world. However, we are never complacent, and continuously strive to reduce
injuries.
Slips, trips and falls are the biggest cause of accidents on escalators,
and we have been trialling and implementing a variety of ways to minimise
these incidents and highlight risks and encourage safe use of escalators.
These include encouraging customers to hold the handrail; walk or stand
safely; be aware of the step or landing interface; and, where available,
to use lifts when mobility impaired.
Further initiatives to minimise slips, trips and falls include blue
footprints on the steps, hand prints on the handrails, contrasting colours
to highlight the ‘comb’ between the moving steps and the landings, wording
on step risers, new electronic displays, under-step lighting, escalator
and lift floor signs, projections of staff members giving safety messages
near escalators and frequent public address announcements.
Additionally, TfL's safety campaigns, which run throughout the year, use
posters in lifts, stations, as well as advertisements on the escalators
across the network, to remind our customers of the risks of running on
stairs and escalators. We continually monitor the effectiveness of our
measures and campaigns in reducing accidents and adjust our approach
accordingly.
We offer comprehensive help and support to people involved in, or affected
by, a life-changing incident on the TfL network via The Sarah Hope Line:
[1]https://tfl.gov.uk/campaign/incident-sup....
There were 27 claims for injury from passengers that had compensation
payments made against them during 2022. By “compensation” please note that
we are referring to any payment made to a Third Party for injury, or legal
fees to a Third Party’s appointed legal adviser, or a payment to either
the Compensation Recovery Unit or the NHS.
There were no compensation payments made during 2022 linked to fatal
injuries.
The total compensation paid against the 27 claims was £472,343.72.
If this is not the information you are looking please do not hesitate 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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