Request ID: FOI-1326-2324 Date published: 11 August 2023
You asked
I would please like to request a review for the response to FOI-3550-2223.
To provide context, I initially submitted a TFL Customer Services enquiry on 14th February 2023 asking for information about the carriage of electric wheelchairs and other mobility aids on TfL services. This was passed on to the FOI team as request FOI-3089-2223.
In FOI-3089-2223 I learned TFL “explored” an ““exemption” scheme for users with accessibility needs who had chosen to use commercially available escooters, or other such devices, as their mobility aid rather than a TfL recognised mobility aid” in FOI-3089-2223.
I followed up with FOI-3550-2223 which requested:
“copies of all documents and reports regarding TFLs exploration of an “exemption” scheme regarding mobility aids not recognised by TF”L
The initial response I received was:
“TfL does not hold any such documents or reports…. An Equality Impact Assessment to reflect this conclusion is currently being drafted, but will not be finalised for a matter of weeks. A copy will be available at that time.”
I replied with:
“What is the due date for the Equality Impact Assessment, and may I please be sent an electronic copy?
Also, would the summaries and minutes of IDAG meetings be within the scope of this current FOI (FOI-3550-2223)?”
I was then only provided relevant minutes from the Independent Disability Advisory Group (IDAG) meeting on 31st May 2022.
I subsequently requested the minutes of IDAG meetings for the last 5 years “regarding discussions on electrically powered personal transporters” and the mentioned Equality Impact Assessment in FOI-0303-2324.
Upon reviewing the provided Equality Impact Assessment (EqIA form Document No F1457) and previous interactions, I noticed I still may not have received all the information regarding TFLs “exploration of an “exemption” scheme regarding mobility aids not recognised by TFL”.
Since the language used in my original request for FOI-3550-2223 may have caused some confusion I will provide some specificity. Please may I be provided with post 1/1/2020 information of:
1. The official guidance given to staff who operate the Mobility Aid Recognition Scheme and their feedback.
2. The official guidance given to TFL front line staff and partners to identify a “recognised” or “unrecognised” motorised1 or unmotorised mobility aid and their feedback.
3. All documents2 generated regarding accessibility or fire safety and the transportation or use of motorised mobility aids, unmotorised mobility aids and electrically powered transporters3 on TFL services4.
4. All documents regarding the effect the e-scooter ban has had on disabled passengers
1I define a motorised mobility aid as a legal Class 1 or Class 2 electrically powered Invalid Carriage, a motor vehicle specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and used solely by or for such a person. This definition does not include commercial electrically powered transporters adapted for use by a disabled person.
2I define documents as electronic records created to share information between TFL staff, its partners, customers and affiliates. These electronic records may include meeting minutes, consultation summaries, factsheets, staff guidance, feedback and conversation threads (emails, internal messages etc).
3I define electrically powered transporters as motorised devices designed to transport a person using electrical power supplied by a battery, which are only legal to use on private land with the permission of the landowner. It includes e-scooters, Segways, hoverboards, powered unicycles, and u-wheels but not electrically assisted pedal cycles (EAPCs) and motorised mobility aids.
4Services include Tube, Overground, Elizabeth line, DLR & Tram and Buses
We answered
TfL Ref: FOI-1326-2324
Thank you for your request of 19th July 2023 asking for information about mobility aids and e-scooters. Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked for the following information:
“Please may I be provided with post 1/1/2020 information of:
The official guidance given to staff who operate the Mobility Aid Recognition Scheme and their feedback.
The official guidance given to TFL front line staff and partners to identify a “recognised” or “unrecognised” motorised1 or unmotorised mobility aid and their feedback.
All documents2 generated regarding accessibility or fire safety and the transportation or use of motorised mobility aids, unmotorised mobility aids and electrically powered transporters3 on TFL services4.
All documents regarding the effect the e-scooter ban has had on disabled passengers”.
I am afraid that it is not possible to source all of the information that falls within the scope of your request within the costs limit for responding to FOI cases, as set out under section 12 of the Freedom of Information Act. Under section 12, TfL is not obliged to provide information if it would cost more than £450 to determine if the requested information is held, and to then locate, retrieve or extract it from elsewhere. This is calculated at rate of £25 per hour, equivalent to 18 hours work.
In this case the exemption applies because the information has not been collated before and there is no quick or efficient way of doing so. In particular, your questions 3 and 4 specify that you want “all documents generated...” and “all documents regarding...”. This will include a large number of email correspondence, both within TfL and with external parties, involving a number of different individuals and teams. Trying to find all of the information that falls within the scope of these questions would itself be an excessively convoluted task. This could only be achieved by running an automated search of TfL staff email accounts using various keywords that would likely be used in any such correspondence. However, it would be difficult to ensure all relevant material was captured, and difficult not to also capture material that was irrelevant. All search results would therefore need to be manually reviewed to determine what was and was not within the scope if the request. Sourcing all of the other material, both for these questions and for questions 1 and 2, would add to the costs further.
In order to bring your request within the costs limit you may wish to reframe it to narrow its scope and to focus on the information that is of most important to you. In doing so, you should focus the request on specific material rather than asking for “all documents”. The following guidance published on the Information Commissioner’s website provides further advice on how best to access information from public bodies:
“Where possible, ask for specific information or ask clear questions. Avoid vague or general statements.
Don’t submit catch-all requests such as “send me everything about x”. Public bodies can refuse requests that they think are too broad or burdensome.”
Notwithstanding the above, and as mentioned already in our response to you of 13th June 2023, you may it find it more helpful to raise you concerns directly with our Accessibility Team if you have not already done so. The following page of our website provides details of how to do this - along with advice about accessible travel on TfL services:
