Road safety audit details

Tim Lennon 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.

Transport for London did not have the information requested.

Dear Transport for London,

In relation this request - https://www.whatdotheyknow.com/request/c... - I would like to see the road safety audit for the changes which were made.

If it is available, I would also like to see the road safety audit which supported the original design.

If you are not able to supply these, I would like to see some evidence which shows what considerations were given to cycling usage of this junction in the audit.

Yours faithfully,

Tim Lennon.

FOI, Transport for London

 

Dear Mr Lennon

 

TfL Ref: 2212-1819

 

Thank you for your request received by Transport for London (TfL) on 21
November 2018 asking for information about road safety audits.

 

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 2000 and our information access policy.

 

A response will be sent to you by 20 December. 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

 

 

Sara Thomas

FOI Case Management Team

General Counsel

Transport for London

 

 

 

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FOI, Transport for London

2 Attachments

Dear Mr Lennon

 

TfL Ref: 2212-1819

 

Thank you for your request received by Transport for London (TfL) on 21
November 2018 asking for information about road safety audits.

 

Your request has been considered in accordance with the requirements of
the Environmental Information Regulations and our information access
policy. I can confirm we hold the information you require.  You asked: In
relation this request -
[1]https://www.whatdotheyknow.com/request/c... - I
would like to see the road safety audit for the changes which were made.
If it is available, I would also like to see the road safety audit which
supported the original design.

 

We are not obliged under the EIR to supply some of this information as it
is subject to a statutory exception to the right of access to information
under Regulation 12(4)(d) , which provides that a public authority may
refuse to disclose information to the extent that a request for it relates
to material which is in the course of completion, to unfinished documents
or to incomplete data. The current Road Safety Audit is still in a draft
form and we are still in the process of collating data which will form
part of the final document.   As a disclosure of information under EIR is
a ‘disclosure to the world at large’ providing information before its it
has been fully collated and its accuracy can be verified could mean that
TfL are disclosing misleading and out of context information into the
public domain and we have a responsibility to ensure this is not the case.
The release of incomplete information, before the public authority has
completed its analysis, would be likely to result in a disproportionate
burden being placed on the team involved particularly if the information
was subsequently found to be inaccurate or incomplete.   We expect this
Road Safety Audit to be complete in early 2019.

 

As with the other exceptions in the EIR, when regulation 12(4)(d) is
engaged, a public authority must still carry out the public interest test
in order to decide whether the information should be withheld. As outlined
above, it is of upmost importance that any information we disclosed into
the public domain is done so in an accurate and accessible manner.
Therefore when considering whether the public interest in applying the
exception outweighs the public interest in disclosure we consider that the
public interest favours finalisation of the safety audit, after all
relevant factors are taken into account, rather than the disclosure of
information that may be incorrect at a later date or incomplete data which
could distract public opinion away from any substantive and relevant
information.

 

Please find attached the Road Safety Audit on the original designs as
requested which is a completed document.

 

Please note that in accordance with TfL’s obligations under the Data
Protection legislation some personal data has been removed, as required by
Regulation 13 of the Environmental Information Regulations. This is
because disclosure of this personal data would be a breach of the
legislation, specifically the first principle of the legislation, 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 of Schedule 2 which would make the processing ‘fair’.

 

Please see the attached information sheet for details of your right to
appeal as well as information on copyright and what to do if you would
like to re-use any of the information we have disclosed.

 

Yours sincerely

 

Sara Thomas

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[2][TfL request email]

 

 

 

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Dear Transport for London,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Transport for London's handling of my FOI request 'Road safety audit details'.

Perhaps the original request wasn't clear enough, but it referred to the changes which have been made in the 4th quarter of 2018 (see https://www.whatdotheyknow.com/request/c... )

The safety audit you kindly shared is for earlier works - I'm interested to know what was looked at specifically relating to the re-work done in late 2018.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Tim Lennon

FOI, Transport for London

Thank you for your request for an internal review which was received on 18 December 2018.

You have stated that you are dissatisfied with the handling of your request for information under the Freedom of Information Act.

The review will be conducted by an internal review panel in accordance with TfL’s Internal Review Procedure, which is available via the following URL:

http://content.tfl.gov.uk/internal-revie...

Every effort will be made to provide you with a response by 21 January 2019. However, if the review will not be completed by this date, we will contact you and notify you of the revised response date as soon as possible.

Yours sincerely

Emma Flint
Principal Information Access Advisor
FOI Case Management Team
General Counsel

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FOI, Transport for London

Dear Mr Lennon

 

I am contacting you with regard to your request for an internal review
concerning information about Road Safety Audits (FOI-2212-1819).

 

Regulation 12(4)(d) provides an exception to the duty to make
environmental information available when the request relates to material
which is still in the course of completion, unfinished documents or
incomplete data. These terms are not defined in the Environment
Information Regulations (EIR), but an outline of what they mean is set out
below.

 

· Material which is still in the course of completion that includes
information created as part of the process of formulating and developing
policy, where the process is not complete.

· Draft documents which are unfinished even if the final version has been
produced.

· Data that is being used or relied on at the time of the request is not
incomplete, even if it may be modified later.

 

As with all EIR exceptions the public authority must carry out the public
interest test and information must be disclosed unless the public interest
in maintaining the exception outweighs the public interest in disclosure.

 

Material which is still in the course of completion

 

The fact that the exception refers to both material in the course of
completion and unfinished documents implies that these terms are not
necessarily synonymous. While a particular document may itself be
finished, it may be part of material which is still in the course of
completion.

 

Unfinished documents

 

A document may be unfinished because it is still being worked on at the
time of the request or because work on it ceased before it was finalized
and there is no intention to

finalize it. Furthermore, draft documents will engage the exception
because a draft of a document is by its nature an unfinished form of that
document.

 

Incomplete data

 

The exception also applies to incomplete data. Data that is incomplete
because a public authority is still collecting it will be covered by this.

 

In this instance at the time you made your request the RSA's relating to
works carried out in the 4th quarter of 2018 had yet to be finished and
the Surface Strategy and Network Development team were still in the
process of collating information ready for verification. As this was a
document that was still in the course of completion it fell within the
prescribed exception outlined above. The release of unfinished documents
and incomplete data that have yet to be affirmed and are still subject to
change would have a detrimental impact on TfL's ability to provide full
and accurate information to the public. The disclosure of drafts and
unfinished documents at an early stage would make it difficult to bring
the process to a proper and fair conclusion.

 

As a disclosure of information under EIR is a ‘disclosure to the world at
large’ providing information before its accuracy can be verified could
mean that TfL are disclosing misleading and out of context information
into the public domain and we have a responsibility to ensure this is not
the case. The release of incomplete information, before the public
authority has completed its analysis and allocated sufficient resources to
communicate the outcome, would be likely to result in a disproportionate
burden being placed on the team involved, particularly if the information
was subsequently found to be inaccurate or incomplete.

 

As with the other exceptions in the EIR, when regulation 12(4)(d) is
engaged, a public authority must still carry out the public interest test
in order to decide whether the information was correctly withheld at the
time you made your request. As outlined above, it is of upmost importance
that any information we disclosed into the public domain is done so in an
accurate and accessible manner. Therefore the review concluded that early
disclosure of the requested information at the time that you made your
request would have served no benefit to the public interest if it were
then discovered to be incorrect at a later date or if incomplete data
distracted public opinion away from any substantive and relevant
information.

 

The information that was disclosed to you in response to FOI-2212-1819 was
done so to try and assist you whilst the information you seek was still
being finalised. I would like to advise that although this review has
found that the exception was correctly engaged at the time you made your
request (21 November 2018), the team responsible for the RSA anticipate
that the 4th quarter information that you seek will be complete in the
next couple of weeks.

 

I hope the above information provides satisfactory clarification, however
if you are dissatisfied with the internal review actions to date you can
refer the matter to the independent authority responsible for enforcing
the Freedom of Information Act, at the following address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

A complaint form is also available on the ICO’s website
([1]www.ico.org.uk).

 

Yours sincerely

 

Emma Flint

Principal Information Access Adviser

FOI Case Management Team

Transport for London

[2][TfL request email]

 

 

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References

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