Request ID: FOI-0205-2122 Date published: 01 June 2021
You asked
I am writing to you under the Freedom of Information Act 2000 to request the following information from Transport for London. Please may you provide me with:
The number of fines issued to passengers on the rail network for non-compliance with COVID guidelines, including the date of the offence, the age of the passenger, the total amount of money charged and (if available) the service or station the passenger was charged on, from the earliest data available until the latest date available.
If that's not possible (or too expensive), could I please request the total sum of money in fines issued to passengers on the TfL rail network for non-compliance with COVID guidelines, per month, from the earliest possible date until the latest date available.
We answered
Our Ref: FOI-0205-2122 Thank you for your request received on 3 May 2021 asking for information about compliance on the rail network with COVID guidelines. 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 hold the information you require.
The attached spreadsheet shows the fixed penalty notices (FPN) issued and includes the offence date, FPN offence type, offender age, the mode the offence took place on, and the FPN amount.
It should also be noted that offenders can absolve themselves of any further legal enforcement by paying the fixed penalty amount within the specified time scale. Any fines issued against an individual by the court service will always be dependent on the individuals means and mitigation put forward.
With regard to the location data, this information is subject to a statutory exemption to the right of access to information under section 31(1)(b) and Section 31(1)(g), which exempt from disclosure information which would, or would be likely to prejudice the apprehension or prosecution of offenders or the exercise of functions for the purpose of ascertaining whether any person has failed to comply with the law.
In this instance the exemption has been applied as to provide the information on where fines have been issued would give details of where our enforcement operations are being focused which would give potential offenders the opportunity to avoid these particular locations to avoid receiving a fine for not wearing a face mask. The purpose of enforcement is to deter passengers from contravening restrictions that are in place and fines are issued accordingly. Disclosing information which reveals deployment locations of our enforcement operations would be likely to lead to a decrease in compliance at other locations, which would adversely affect the health, safety and comfort of other passengers travelling on the network and impact on our Network Management Duty. This would also lead to a need to increase enforcement at those locations, which would mean increasing enforcement expenditure which would need to be paid for from public funds.
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, but in this instance feel that balance lies in favour of withholding the information to ensure that we are able to continue to comply with our Network Management Duty and the safety of the travelling public on our network while making the best use of public funds.
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.
If you are considering submitting a further FOI request please think carefully about whether the request is essential at this current time, as answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. Where requests are made, please note that our response time may be impacted by the current situation.
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 [email protected]
