Request ID: FOI-0646-2324 Date published: 28 June 2023
You asked
Please provide all signed documentation for the training received by XXX relating to the DfT’s statutory guidance quoted.
We answered
Our Ref: FOI-0646-2324
Thank you for your request received on 2 June 2023 asking for information about Transport for London’s licensing decision making, with specific reference to the DfT’s Statutory Taxi & Private Hire Vehicle Standards. Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. I can confirm that we do hold the information you require. However, in accordance with our obligations under Data Protection legislation we are withholding the requested information as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle of Article 5 of the UK General Data Protection Regulation 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 which would make the processing ‘fair’. This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption. Please note that Section 5.3 of the DfT’s Statutory Taxi & Private Hire Vehicle Standards, as you note yourself below, relates to “training for a member of a licensing committee”. Most licensing authorities outside of London use committees formed of councillors to adjudicate on some licensing matters. Transport for London has a full time licensing department and members of staff undergo comprehensive training and many of them have years, and in some cases decades, of experience as licensing decision makers. Licensing decisions that are likely to be novel, contentious or controversial are dealt with by senior staff with the appropriate delegated authority. Our comprehensive training package is continuously reviewed and has been enhanced to cover the topics specified in the Statutory Standards. Therefore, although TfL does not have a licensing committee structure, the principles in section 5.3 are applied to all staff involved in the decision-making process. Any new member of staff in TfL’s Taxi and Private Hire (TPH) team receive comprehensive training, which includes training on decision making. They are not permitted to make decisions until we are satisfied they have acquired sufficient knowledge and experience. This training is specific to TPH and so we track it locally within our teams. We also have mandatory TfL training which all team members, including managers, complete, which covers off health and safety, equality, disability awareness and related topics. The staff that manage the Reconsideration Hearing process are from the Compliance, Policing, Operations & Security (CPOS), Investigations, Appeals and Prosecutions (IAP) team. This is a separate directorate within TfL. TPH has provided the CPOS IAP team with responsibility for managing the taxi driver licensing appeals processes. The CPOS IAP team does not have any powers to make decisions regarding the fitness of any individual to hold a taxi driver licence. The responsibility for decision making rests solely for those within TPH that have these powers delegated to them under the relevant legislation. If this is not the information you are looking for please do not hesitate to contact me. 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
