FOI request detail

A PHO's lawful requirement to TfL

Request ID: FOI-0858-2122
Date published: 18 August 2021

You asked

Can you please publish TfL policy document(s) which shows a lawfully requirement for a private hire operator to inform Transport for London that an employee/private hire driver has told their employer "in confidence" that they are having suicidal thoughts? I am aware that all private hire operators who employ DVLA class 2 drivers have a legal obligation to inform the DVLA that an employee has told them they are having suicidal thoughts, as shown in the DVLA link.. https://www.gov.uk/guidance/general-information-assessing-fitness-to-drive But I cannot see any requirement in TfL's private hire licencing literature where there is a legal requirement for a private hire operator to inform TfL that an employee/private hire driver has told their employer "in confidence" that they are having suicidal thoughts. As stated; I would appreciate TfL's publication/policy of the lawful requirement for a private hire operator to inform TfL that a private hire driver has told their employer in confidence that they are having suicidal thoughts. If there is no lawful requirement for a private hire operator to inform TfL of this "in confidence" disclosure by an employee then can you please make this clear? For the avoidance of doubt; this FOI request only applies to the sharing of information between the private hire operator and TfL.

We answered

Our Ref:         FOI-0858-2122

Thank you for your request received on 29 July 2021 asking for information about the lawful requirements of private hire operators (PHO).

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 we hold the information you require. You asked for:

Can you please publish TfL policy document(s) which shows a lawfully requirement for a private hire operator to inform Transport for London that an employee/private hire driver has told their employer "in confidence" that they are having suicidal thoughts?

I am aware that all private hire operators who employ DVLA class 2 drivers have a legal obligation to inform the DVLA that an employee has told them they are having suicidal thoughts, as shown in the DVLA link..

https://www.gov.uk/guidance/general-information-assessing-fitness-to-drive

But I cannot see any requirement in TfL's private hire licencing literature where there is a legal requirement for a private hire operator to inform TfL that an employee/private hire driver has told their employer "in confidence" that they are having suicidal thoughts.

As stated; I would appreciate TfL's publication/policy of the lawful requirement for a private hire operator to inform TfL that a private hire driver has told their employer in confidence that they are having suicidal thoughts.

If there is no lawful requirement for a private hire operator to inform TfL of this "in confidence" disclosure by an employee then can you please make this clear?

For the avoidance of doubt; this FOI request only applies to the sharing of information between the private hire operator and TfL.

As the licensing and regulatory body for taxi and private hire, our primary concern is to ensure the safety of the public. All taxi and private hire driver licensees must meet a range of criteria to ensure they are 'fit and proper' prior to becoming licensed or re-licensed, which includes meeting the DVLA's group 2 medical standards.

While we understand drivers might be reluctant to seek help, once licensed, drivers are obliged to tell us of any changes to their medical circumstances. Any change in these circumstances will then be assessed against DVLA group 2 medical guidelines to ensure drivers are safe to continue to carry out their duties as a professional driver.

Mental health illnesses, including depression and anxiety, are serious conditions that require treatment. We would urge any taxi or private hire driver to seek help and support at the earliest opportunity if they are experiencing symptoms of depression or anxiety so they can receive appropriate treatment and support. We have published a range of health and wellbeing information to assist taxi and private hire licensees at the following location: www.tfl.gov.uk/info-for/taxis-and-private-hire/licensing/health-and-wellbeing.

Our guidance issued to private hire operators in the 'PHV Operator's Handbook', and on our website (https://content.tfl.gov.uk/guidance-on-reporting-crime.pdf), advises operators to notify us immediately if there is any concern that a licensed driver might be a risk to public safety.

We provide form PHV/105 for this purpose, however, licensed private hire operators are also welcome to contact us at the following email address for any further information or guidance: [email protected].

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.

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]
 

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