FOI request detail

Information request for s91 Environmental Protection Act notices/actions

Request ID: FOI-0015-1920
Date published: 30 April 2019

You asked

I’m writing to see if Transport for London might be able to provide some information and data that could help inform any future discussions within government around the time it can take Duty Bodies to deal with complaints under section 91 of the Environmental Protection Act, which requires Duty Bodies to investigate and, if necessary, deal with complaints about litter where they are responsible. We believe Transport for London has had some experience with this. We have prepared a questionnaire, but since I cannot attach it to the FoI,I have written the questions below. We realise you may not be able to answer all the questions but any feedback and intelligence in respect of those questions where you might have some information will be very helpful. As too would any other general feedback I would be grateful for a response to this request by close this Friday 5th April 2019 if possible. Question 1 Per annum, roughly how many written notices of intention to make a complaint against you as a duty body have been received over the last 5 years? Question 2 Of those at Q1, how many resulted in a formal application being made to the magistrates’ court? Question 3 Of those at Q2, how many were (i) Settled out of court? (ii) Resulted in court proceedings? Question 4 Of the cases at Q 2 and 3, how many actually resulted in a Litter Abatement Order (LAO) being made? Q 5 Of the LAO at Q4, were there any which the Duty Body did not meet? Q 6 What have been the average costs per complaint to the Duty Body of defending each complaint? Q 7 Of this, how much on average was recovered from the complainant if the duty body won the case? Q 8 What is the average reimbursement to the complainant for each complaint, for expenses in bringing the case? Q 9 How much staff time per annum on average has your Duty Body spent on these cases (in full time equivalents), including those that didn’t lead to any action being required of the Duty Body, for whatever reason? Q 10 On average, and per complaint, how much external legal time (in full time equivalents) has been spent on these cases, split between legal time commissioned by duty bodies, and by complainants?. Q 11 What types of evidence did the duty body present as part of its case? Q12 Was there any evidence they would have liked to have submitted but couldn’t? Q13 What is the average cost of clearing up an affected area following a complaint? Q 14 Any other information that you think might be relevant?

We answered

Our ref: FOI-0015-1920/GH

Thank you for your clarification received on 4 April 2019 asking for information about s91 Environmental Protection Act notices/actions.

Your request has been considered under the requirements of the Environmental Information Regulations and our information access policy.

I can advise that TfL has not received any written notices of intention to make a complaint in last five years.

If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.

Yours sincerely

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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