Sandilands Incident Review Board - Approval of TfL Documents submitted to Croydon Tram Crash Investigators
Dear Transport for London,
Further to your response to FOI-3281-1819, did the Sandilands Incident Review Board review, edit or approve any documents ahead of their submission by TfL to the RAIB, SNC Lavalin, ORR or British Transport Police investigations of the Croydon Tram Crash? If so, which documents did it approve and on which dates were these documents approved and/or submitted?
Yours faithfully,
Tom Kearney
Dear Mr Kearney
Our Ref: FOI-0400-1920
Thank you for your request received on 7 May 2019 asking for information
about documents reviewed by the Sandilands Incident Review Board.
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]
Dear Mr Kearney
Our Ref: FOI-0400-1920
Thank you for your request received on 7 May 2019 asking for information
about documents reviewed by the Sandilands Incident Review Board.
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]
Dear Mr Kearney
Our Ref: FOI-0400-1920
Thank you once again for your request received on 7 May 2019 asking for
information about documents reviewed by the Sandilands Incident Review
Board.
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]
Dear Mr Kearney
Our Ref: FOI-0400-1920
Thank you for your request received on 7 May 2019 asking for information
about documents reviewed by the ‘Sandilands Incident Review Board’. I
apologise for the delay in my response.
Your request has been considered in accordance with the requirements of
the Freedom of Information (FOI) Act and TfL’s information access policy.
I can confirm that we do hold the information you have requested.
Our thoughts are with everyone affected by the tragic tram overturning
which occurred on 9 November 2016, and we continue to work to ensure that
we offer support to those affected.
You asked:
Did the Sandilands Incident Review Board review, edit or approve any
documents ahead of their submission by TfL to the RAIB, SNC Lavalin, ORR
or British Transport Police investigations of the Croydon Tram Crash? If
so, which documents did it approve and on which dates were these documents
approved and/or submitted.
The Sandilands Review Steering Group is an internal working meeting to
discuss non-operational issues related to the tragedy at Sandilands,
including claims and legal advice. The purpose is to enable legal advice
to be given and relevant information including updates on progress with
the handling of personal injury claims, to be considered and discussed.
Documents submitted by TfL to RAIB, SNC Lavalin, ORR or the British
Transport Police (BTP) were not prepared, edited or approved at the
Sandilands Review Steering Group meetings. Comments were separately sought
from some members of the Group at various points, but this was not done at
the meetings.
It is likely that information relating to the documents which TfL 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 sections 30(1) and
31(1)(g) of the FOI Act.
The exemption at section 30(1) relates to information that has been held
for the purpose of any investigation, and 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 requested information is of relevance to the investigations and was
created and held for the purposes of these investigations.
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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