Request ID: FOI-1378-2223 Date published: 21 September 2022
You asked
Do London Buses consult with the police and local authority for bus frequency changes, journey removals (i.e. AM journeys remaining but PM journeys being removed), and for the removal of routes from bus stops?
Please could you provide any criteria documents, guidance or principles used by London Buses to decide for which changes a public consultation is necessary?
We answered
TfL Ref: FOI-1378-2223
Thank you for your request received by Transport for London (TfL) on 6 September 2022.
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 / hold some of the information you require. You asked:
Do London Buses consult with the police and local authority for bus frequency changes, journey removals (i.e. AM journeys remaining but PM journeys being removed), and for the removal of routes from bus stops?
Consultation helps us to make better-informed decisions and makes us accountable to the public.
We do not consult with the Police on frequency changes or single journey removals. However, if a route is removed from a bus stop this would count as a change of route so would require consultation. The Met Police and affected London Boroughs would be part of the stakeholder list of those invited to comment on proposals.
This is referenced in paragraph 3 of the GLA Act 1999, please see the relevant section below which states which elements we must consult on.
Please could you provide any criteria documents, guidance or principles used by London Buses to decide for which changes a public consultation is necessary?
(2)Transport for London shall before making a decision about the proposal consult— (a)the commissioner or commissioners of police affected, (b)the London authorities affected, (c)the London Transport Users’ Committee, and (d)any other person whom Transport for London considers it appropriate to consult, about the matters specified in subsection (3) below relating to the proposed new service or the service as proposed to be altered.
(3)The matters mentioned in subsection (2) above are— (a)the route, (b)the terminal points, (c)the points at which passengers may or may not be taken up and set down, and (d)the place at which, or street by the use of which, vehicles used for the service may turn at a terminal point.
(4)For the purposes of this section, the London authorities affected by a proposal are the London authorities in whose area there is situated— (a)any part of the route in question, or (b)any of the places mentioned in subsection (3)(b) to (d) above.
(5)Where a place or street mentioned in paragraph (d) of subsection (3) above is situated in the area of a local authority other than a London authority, Transport for London is also required under subsection (2) above to consult that local authority about the matter specified in that paragraph.
(6)For the purposes of this section a commissioner of police is affected by a proposal if he is— (a)the Commissioner of Police of the Metropolis, or (b)the Commissioner of Police of the City of London, and any part of the route in question, or any of the places mentioned in subsection (3)(b) to (d) above, is situated in the police area for which he is the Commissioner.
(7)For the purposes of this Chapter a London authority is any London borough council or the Common Council.
We will comply with our statutory obligations to consult, including duties to consult on best value reviews, private hire licensing, applications for Transport & Works Act orders, changes to local bus routes, granting of London service permits and traffic orders.
Furthermore, when consulting - we will adhere to the following principles;
Principle 1: Focused and timely We should only consult if we have a clear purpose and an open mind. It is a legal requirement to consult when proposals are at a formative stage and can be influenced by the consultation process.
We will set specific objectives for each consultation exercise, considering alternative or additional approaches such as market research. Where practicable, we will seek public input into the design of options as well as consulting on specific proposals.
Principle 2: Accessible and targeted People directly affected by a proposal have a right to know about it and should be given an opportunity to have their say. Failure to do this is likely to be unfair. If we fail to target our audience and develop appropriate communication materials and techniques we risk swamping familiar stakeholders, while leaving the ‘silent majority’ and socially excluded groups without a voice. We must also have regard to any particular requirements of consultees with protected characteristics under the Equality Act 2010.
· We will identify our target audiences and appropriate communication channels when setting consultation objectives.
· We will seek to explain why the issue is important and why we are proposing to take action.
· We will use appropriate and accessible language and formats.
· We will give consultees the name of someone they can talk to.
Principle 3: Informative and accountable If we tell the public everything they need to know, they are more likely to feel we are accountable to them and their responses should be more helpful. We must provide consultees with enough information to understand what we are proposing so that they can respond on an informed basis.
· We will provide full explanations of options and proposals in plain language.
· We will set out clearly the previous stages in the process and what decisions have already been taken.
· We will provide feedback on the consultation, explaining what we have decided and why, and saying what happens next.
Principle 4: Timed appropriately A common criticism of public consultations is that stakeholder groups are not given enough time to co-ordinate the views of their members before they respond. In our experience, the general public are generally happy with shorter timescales. Our starting position when deciding how long to consult for will be as follows, bearing in mind that the requirements of fairness may dictate different periods depending on the particular circumstances. We will give consultees a minimum of six weeks to respond to major consultations.
· On more minor local ones we will give consultees between four and six weeks to respond.
· In general, where a consultee requests flexibility to respond after the formal close of consultation, we will exercise our discretion to accept late responses where this would not have an adverse effect on timelines for the scheme.
Principle 5: Honest and fair When we consult, we must be prepared to take into account the feedback received and use it to decide on the way forward, making changes to our original proposals if that is justified. The public will be justly critical of us if we appear to favour particular options and interests without good reason or to be withholding key information in any consultation process. At worst we may lay ourselves open to costly legal action. Consultation materials should be transparent in setting out what factors are being taken into account in our decision-making.
· We will ensure that what we say in our proposals and feedback is accurate and balanced, explaining how it fits with the objectives in the Mayor’s Transport Strategy.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
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.
Yours sincerely
Eva Hextall FOI Case Management Team General Counsel Transport for London
