A recent social media post on Uber drivers forum (see attachment) came to the clubs attention, a subsequent FOI indeed revealed TFL had accepted DBS disclosures by Uber agents Onfido Were TFL aware of a previous statement by Andrew Byrne regarding Uber's attitude to DBS checks ? (Please see 2nd attachment) Between which dates were applicants permitted to submit DBS via Onfido ? How many current licence holders presented DBS disclosures via the Uber agents ? Did the Southend drivers that had previously been revoked by Southend licensing, then licensed by TFL (with criminal convictions) submit Onfido DBS disclosures ? Will TFL require existing licence holders who have previously submitted DBS disclosures via Onfido to resubmit using TFLs preferred DBS agents ?

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TfL Ref: FOI-1054-1718

Thank you for your email received on 27 July asking about Disclosure and Barring Service (DBS) checks.

Your request has been considered in accordance with the requirements of the Freedom of Information Act (FOIA) and our Information Access Policy. I can confirm that we hold some of the information you require. I have answered your questions in the order you have raised them.

“Were TFL aware of a previous statement by Andrew Byrne regarding Uber's attitude to DBS checks?”

We do not hold this information. Although your request can take the form of a question, rather than a request for specific documents, we do not have to answer your question if it would require the creation of new information or the provision of a judgement, explanation, advice or opinion that was not already recorded at the time of your request.

Between which dates were applicants permitted to submit DBS via Onfido?

The DBS is solely responsible for processing criminal record checks and issuing a DBS certificate. The police will provide information to the DBS irrespective of which company conducted the administration of the request.

Under portability considerations we have historically accepted enhanced disclosures processed by third party registered bodies as long as they met strict criteria. More information on portability and why it is permitted is available at https://www.gov.uk/guidance/dbs-check-requests-guidance-for-employers#accepting-a-previously-issued-dbs-check.

Following recent discussions with the DBS and consideration of our policy on DBS checks, we are advised that only licensing authorities or those authorised to act on their behalf (in our case, GB Group) are permitted to request a check to assess the suitability of an applicant for a taxi and private hire licence.  We stopped accepting certificates processed by third parties from 23 January 2017.

When assessing the suitability of an applicant for a taxi or private hire driver licence, we will only accept enhanced criminal record checks which have been obtained via our service provider GBGroup, acting on our behalf. As an exception to this, we will accept disclosures where we consider it appropriate to do so under our portability policy, which provides that disclosures issued as part of an application for a taxi or private hire driver’s licence, where the registered body is another licensing authority, will be accepted (provided the certificate meets certain specified criteria).

How many current licence holders presented DBS disclosures via the Uber agents ?

We do not record the details of the registered body who processed a disclosure application provided to us and so we are unable to provide a total figure. 

Did the Southend drivers that had previously been revoked by Southend licensing, then licensed by TFL (with criminal convictions) submit Onfido DBS disclosures?

Please note that in, accordance with TfL’s obligations under the Data Protection Act 1998 (DPA), we will not provide details of individual driver applications, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the DPA, specifically the first principle of the DPA 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 of Schedule 2 of the Data Protection Act which would make the processing ‘fair’.

Will TFL require existing licence holders who have previously submitted DBS disclosures via Onfido to resubmit using TFLs preferred DBS agents?”

We are in the process of writing to all drivers who provided a disclosure from a third party registered body, including Onfido, to request that they provide a new disclosure via our service provider GBGroup.

May I also ask why I haven't received answers to emails of 06/05/17 & 13/05/17 titled Uber Britannia, Uber BV PCW respectively

This is not a request for recorded information. I have asked our Taxi and Private Hire Department to address this part of your request separately.

Further details can be found by visiting our website www.tfl.gov.uk/tph.

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.

If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.

Yours sincerely

Lee Hill
Senior FOI Case Officer

FOI Case Management Team
General Counsel
Transport for London

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