FOI request detail

PHV105 forms

Request ID: FOI-1454-1718
Date published: 29 September 2017

You asked

As an additional request can I please apply for all PHV 105 attachments to the deactivated drivers under a FOI.

We answered

TfL Ref: FOI-1454-1718

Thank you for your request received by Transport for London (TfL) on 13 September 2017 asking for PHV105 forms.

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 do hold the information you require.

However, in accordance with the FOI Act, we are not obliged to supply the information requested; it is subject to a statutory exemption to the right of access to information under section 30(2)(iii), as the information is held in accordance with our responsibility for regulating the private hire trade in London. This information contains details which otherwise would not have been made immediately available to TfL and the exemption applies to protect our ability to clarify and confirm details on specific issues.

There is a likelihood that disclosure of this information would lead to an assumption that these forms would be routinely placed into the public domain which is likely to inhibit the free and frank exchange of information at this earliest opportunity and therefore affect our ability as a regulator to ensure swift action is taken where appropriate. If these forms are sent to us with less detail, which is a likely consequence of a decision to release this information under FOI, it is likely that operators will in future complete the forms with a view to them being a matter of public record. It is likely that we would need to apply further resources to obtaining the additional information required for us to consider what, if any, action should be taken. This would clearly lead to delays in our ability to ensure safety standards are maintained.

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 significant public interest in this matter, however we feel the balance of the public interest supports the exemption in order to enable the effective and timely sharing of information between ourselves and the taxi and private hire trade. This benefits the public as it enables us to exercise greater oversight and scrutiny ensuring that safety standards are maintained.

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

Yours sincerely

Lee Hill

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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