Our Ref:         FOI-1000-1718

Thank you for your request received on 27 July 2017 asking for further information about trams speeding on the network.
 
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 some of the information you require. You asked:
 
Can I submit a new FOI asking for the data before the tram crash for the last year?
So between November 9 2015 and November 9 2016, on reports made by Tram Operations Limited about tram drivers speeding? Can this include speeding checks proactively done by Tram Operations Limited, complaints made by customers, and any other method trams speed can be monitored by?
How much was the tram speeding by and in what speed zone?
How many of the drivers were given warnings or what other disciplinary action, if any?
 
Speed monitoring before the tram derailment on 9 November 2016 was carried out once every four weeks, the results of which – including any disciplinary action, was not routinely reported to us. Therefore we do not hold the equivalent of the post-9 November dataset previously disclosed.
 
In regard to complaints about tram drivers speeding made by customers, this information is exempt from disclosure as it is subject to a statutory exemption to the right of access to information under Section 31(1)(g) of the FOI Act, which relates to information whose disclosure would be likely to prejudice the exercise by any public authority of its functions for any of the purposes listed in subsection 31(2) of the FOI Act. In this instance, the relevant purposes are 31(2)(c) ‘the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise’; 2(e), ‘the purpose of ascertaining the cause of an accident’; 2(i) ‘the purpose of securing the health, safety and welfare of persons at work’ and 2(j) ‘the purpose of protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work’. The public authorities concerned are the Office of Road and Rail (ORR) and ourselves, as we are still currently conducting investigations into the incident of 9 November.
 
The ORR are still investigating whether the safety risk system was adequate; disclosure of information about the complaints could prejudice the ORR’s task of establishing how the complaints were handled, and whether the system in place took account of them. The requested information will therefore be of relevance to their investigation and could be of relevance to the other investigations as they progress. The release of this information to the wider public at this time would be prejudicial to the investigators’ ability to gather, assess and validate information which they require in order to complete their work.
 
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 that there is considerable public interest in the safe operation of the tram network and, in particular, in the events of 9 November and the factors that may have contributed to the incident. We recognise that transparency and public access to information will help satisfy that interest. At the same time we consider that this public interest will be largely met by the RAIB, who will publish a report on completion of their investigation and have already published an interim report, as well as the final, public, outcome of the investigations by the ORR and British Transport Police (BTP).
 
There is also a considerable public interest in ensuring that the investigations underway are able to reach conclusions, and recommend appropriate actions, that take full account of all available material. The publication of information that is under consideration by the investigators, and which may contribute to speculation about the causes of the crash, would be likely to prejudice the timely conclusion of those investigations and any proceedings that may arise from them. On balance, and taking into account the fact that the current investigations remain live, we consider that the public interest supports the application of the exemption in this case.

Please see the attached information sheet for details of your right to appeal.
 
Yours sincerely

Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]