FOI request detail

Number of personal injury claims for Sydenham, Forest Hill and Honor Oak Park Overground stations, if litigation claims were filed, the outcomes of such claims

Request ID: FOI-0976-1920
Date published: 19 July 2019

You asked

Dear TFL, I am requesting the following information under the Freedom of Information Act. I request that the information be provided in an excel spreadsheet format and emailed. The information requested for EACH question below pertains to SYDENHAM, FOREST HILL AND HONOR OAK PARK OVERGROUND STATIONS in 2017, 2018 & 2019 separately/ respectively. 1) How many people were injured/ reported injuries which occurred/ were sustained at each station respectively. 2) What is the number of litigation claims resulting from personal injury claims at each station respectively. 3) What were the outcomes of personal injury litigation claims at each station respectively. 4) What were the categories / types of personal injuries sustained at each station respectively. 5) What were the compensation payments, per category of outcomes at each station respectively; the values should reflect payments paid directly to claimants ONLY and should not include other associated costs or legal fees. 6) What are the number of staff members during peak and off-peak times, both week days and weekends at each station respectively. Under the Act I am entitled to a response within 20 working days of your receipt of this request. If my request is denied in whole or part please provide full disclosure of your reasons and justify all deletions with direct references to the specific exemptions of the Act.

We answered

TfL Ref: FOI-0976-1920

Thank you for your request received by Transport for London (TfL) on 3rd July 2019 asking for information about personal injury claims filed in relation to incidents at Sydenham, Forest Hill and Honor Oak Park stations.

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. Your questions are answered below, so far as we can:

1) How many people were injured/ reported injuries which occurred/ were sustained at each station respectively.

2) What is the number of litigation claims resulting from personal injury claims at each station respectively.

3) What were the outcomes of personal injury litigation claims at each station respectively.

4) What were the categories / types of personal injuries sustained at each station respectively.

5) What were the compensation payments, per category of outcomes at each station respectively; the values should reflect payments paid directly to claimants ONLY and should not include other associated costs or legal fees.

The three stations you require information about are London Overground stations and are operated and maintained by Arriva Rail London. Contrary to the general understanding of how Transport for London operates, we do not solely operate and maintain all aspects of London’s vast transport network and some modes of transport are outsourced and operated under contract by private operating companies. When a private operator is awarded a contract by TfL to run a service, apart from some contractual information that we require them to update and provide on an ad-hoc basis, TfL has no other involvement in how the service is operated and maintained by the private operator. TfL has no direct access to the information held by a private operator, it is not gathered or held on TfL’s behalf and the private operators are not subject to the FOI Act. This is the position concerning Arriva Rail London.

TfL awarded a Concession Agreement to Arriva Rail London to operate TfL Rail services in 2016. The Concession Agreement is published here:

http://content.tfl.gov.uk/london-overground-concession-agreement.pdf

This contract is let on the basis that once a contract is awarded, how the successful private operator maintains and runs that route and/or service is at their discretion and within their own jurisdiction - including how they manage 3rd party compensation claims. Therefore the information that you seek concerning claims is neither held by TfL nor held on behalf of TfL.

6) What are the number of staff members during peak and off-peak times, both week days and weekends at each station respectively.

Stations are staffed by a minimum of one member of staff at each station 15 minutes before the first train and 15 minutes after the last train.

Please see the attached information sheet for your right to appeal.

Yours sincerely,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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