Request ID: FOI-0257-2122 Date published: 27 May 2021
You asked
1. What provision, if any, do TfL have for monitoring bus route contractors (such as Arriva, Abellio, Go Ahead, etc.)
a. For services not being provided, or provided late, on scheduled routes?
b. For discrimination/unfavourable treatment by bus companies against passengers?
c. For discrimination/unfavourable treatment by bus companies against drivers/staff?
2. Do these provisions include penalties/fines for failing to provide bus services, in which case:
a. What are the contractual clauses regarding such penalties/fines?
b. In the period from 1 January 2018 to 31 December 2019 how many such penalties/fines were levied?
c. Against which companies were they levied?
d. For which services were they levied?
3. Do these provisions include penalties/fines for bus services being late, in which case:
a. What are the contractual clauses regarding such penalties/fines?
b. In the period from 1 January 2018 to 31 December 2019 how many such penalties/fines were levied?
c. Against which companies were they levied?
d. For which services were they levied?
4. Do these contracts have provisions preventing discrimination/unfavourable treatment for those with protected characteristics (as per the Equality Act 2010), in which case?
a. Do the provisions apply to protect passengers?
i. If they protect passengers do they have penalties/fines for defaults?
ii. In which case what are the provisions?
iii. Against which companies have such penalties been levied?
iv. How many times?
v. Which companies?
vi. For which routes?
b. Do the provisions protect drivers/staff?
i. If they protect drivers/staff do they have provision for penalties/fines for defaults?
ii. In which case what are the provisions?
iii. Against which companies have such penalties been levied?
iv. How many times?
v. Which companies?
vi. For which routes/garages?
If TfL have a large amount of data about these matters (e.g. lots of penalties/fines are levied) then they may contact me about the possibility of reducing the scope of the requests, though unless agreed to in writing, the scope remains as set out above
We answered
TfL Ref 0257-2021/22
Thank you for your request received by Transport for London (TfL) on 6 May 2021 asking for information about monitoring of bus operators.
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 hold some of the information you require. You asked: 1. What provision, if any, do TfL have for monitoring bus route contractors (such as Arriva, Abellio, Go Ahead, etc.)
a. For services not being provided, or provided late, on scheduled routes?
b. For discrimination/unfavourable treatment by bus companies against passengers?
c. For discrimination/unfavourable treatment by bus companies against drivers/staff?
In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere. Customers can provide feedback using the following contact form on our website https://tfl.gov.uk/help-and-contact/contact-us-about-bus-staff or by telephone on 0343 222 1234. These comments will then be sent to our buses team who will raise with the bus operating company in question for investigation. Bus operators carry out disciplinary interviews in confidence, in line with their employment and HR policy. We are not informed of the full outcome and we or the operator will not be able to share with the customer any specific action taken. We can however assure you that all complaints are taken very seriously, and the operator will take the action they deem necessary against the driver. Our operators manage and enhance drivers’ behaviour in several ways. A driver can be paired with a mentor, take part in conflict avoidance classes or customer service training. Quality Incentive Contracts help deliver improvements to bus services and bus operators are regularly assessed on customer care.
Regarding accident claims, the customer must first contact us using the details mentioned above, we will then raise the complaint with the relevant bus operator. Please note that accident claims are dealt with solely by the bus operating company or its claims handlers. This is because the driver is employed by them, the vehicle is registered to them and the CCTV footage is owned by them. Once we have recorded the incident on our system, customers will then be advised to contact the bus operating company directly to submit their claim. All operators have staff conduct requirements covering equal treatment of customers and colleagues, and expect their staff to conduct themselves professionally. We monitor our bus operators through the handling of customer complaints and also by separately surveying a sample of our disabled customers to see how satisfied they are with their overall bus service. Our data shows disabled customers are generally more satisfied than non-disabled customers. Our Customer Experience team shares complaint information with the bus operators to ensure they have visibility of complaints made, and so that they can investigate a claim if made. Legislation covers the fair and equal treatment of people and as UK courts provide a place of recourse if provisions are allegedly breached, it is not something we include in commercial contracts. The law is clear and universally applied, and has a much broader remit than just bus services.
2. Do these provisions include penalties/fines for failing to provide bus services, in which case:
a. What are the contractual clauses regarding such penalties/fines?
b. In the period from 1 January 2018 to 31 December 2019 how many such penalties/fines were levied?
c. Against which companies were they levied?
d. For which services were they levied?
3. Do these provisions include penalties/fines for bus services being late, in which case:
a. What are the contractual clauses regarding such penalties/fines?
b. In the period from 1 January 2018 to 31 December 2019 how many such penalties/fines were levied?
c. Against which companies were they levied?
d. For which services were they levied?
2. and 3. We don’t fine or penalise operators for poor performance. Operators are incentivised to provide as reliable a service as possible. If they aren’t able to provide the level of service and reliability to the standard required, the contract income they could have earned with better performance is not paid, on a pro rata basis. Please see the links provided above for more information on the monitoring of bus operators’ performance.
4. Do these contracts have provisions preventing discrimination/unfavourable treatment for those with protected characteristics (as per the Equality Act 2010), in which case?
a. Do the provisions apply to protect passengers?
i. If they protect passengers do they have penalties/fines for defaults?
ii. In which case what are the provisions?
iii. Against which companies have such penalties been levied?
iv. How many times?
v. Which companies?
vi. For which routes?
b. Do the provisions protect drivers/staff?
i. If they protect drivers/staff do they have provision for penalties/fines for defaults?
ii. In which case what are the provisions?
iii. Against which companies have such penalties been levied?
iv. How many times?
v. Which companies?
vi. For which routes/garages?
If TfL have a large amount of data about these matters (e.g. lots of penalties/fines are levied) then they may contact me about the possibility of reducing the scope of the requests, though unless agreed to in writing, the scope remains as set out above 4. As stated in our answer to point 1, legislation covers the fair and equal treatment of people and as UK courts provide a place of recourse if provisions are allegedly breached, it is not something we include in commercial contracts. The law is clear and universally applied, and has a much broader remit than just bus services. All operators have comprehensive staff conduct requirements covering equal treatment of customers and colleagues, and expect their staff to conduct themselves professionally at all times.
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.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
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 Management Team General Counsel Transport for London
