I'd like to request a list of all the places on the LU-network where train drivers have to use the train whistle, e. g. whistleboards. I'd also like to request the IBus, London Overground and on platform announcements by Emma Higgnet to get send to me via E-mail, Onedrive or simelar as I'm unable to listen to CDs on my computer.

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TfL Ref: FOI-1491-2021

Thank you for your request received by Transport for London (TfL) on 30^th October 2020 asking for information about London Underground whistleboards and copies of London Overground announcements.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.

Specifically you asked:

“I'd like to request a list of all the places on the LU-network where train drivers have to use the train whistle, e. g. whistleboards. I'd also like to request the IBus, London Overground and on platform announcements by Emma Higgnet to get send to me via E-mail, Onedrive or simelar as I'm unable to listen to CDs on my computer.”

I can confirm that we hold some of the information you require. However, we are refusing your request under section 14(1) of the Freedom of Information Act. We consider that providing the requested information would place an unreasonable burden on us at this time. As you will be aware, it is essential for London, and in particular for all critical workers, that we continue to provide a safe transport network that enables them to make the journeys they need to and our staff are working hard to support them and protect all Londoners. We consider that answering this request would represent a disproportionate effort and would require the redirection of limited specialist resources and the attention of staff away from their core functions who could be supporting other essential activity.

We wish to clarify that whilst we consider that your request falls under section 14(1) of the FOI Act, this does not reflect a conclusion that it has been your intention to place an undue burden on our resources.

On the specific application of section 14(1) we have been steered by the ICO guidance on the use of that exemption that can be found on its website here: https://ico.org.uk/media/1198/dealing-with-vexatious-requests.pdf

To be clear, it is the current context in which the request has been made that is central to our decision to apply the exemption set out in section 14(1) in response to your request. In particular, we consider the following elements of s14 apply in this instance:

• The request is likely to cause a disproportionate or unjustified level of disruption, irritation or distress in the current circumstances
• Lacks sufficient purpose or value in the current circumstances
• Overly burdensome in the current circumstances

We have responded to several hundred requests for audio recordings over many years. However, due to alternative working arrangements aligned with the Government’s measures to tackle the coronavirus, the FOI Case Management Team do not currently have access to the necessary hardware to create audio announcements in response to FOI requests and we are unable to process these requests remotely. Whilst we have explored alternative technological solutions, it is an unavoidable consequence that processing requests of this nature would require critical employees to be diverted from their operational responsibilities and, in the current circumstances, we consider that our priority must remain on providing and maintaining an effective transport system to essential workers across the capital and that our limited resources are utilised as effectively as possible to ensure that happens. The request for whistleboard locations adds to the burden further. There is no single place where this information is collated, and to find out exactly what we hold would require an extensive trawl of  records. So far as I have been able to ascertain, we may not hold a record for all such locations in any case. I have been informed by colleagues in London Underground, however, that a Train Operator could be compelled to use their whistle anywhere on the system at any time for various operational reasons - as set out in Section 8 of Rule Book 6.

Given all of the above, we consider that processing your request would represent a disproportionate burden on our staff and we cannot justify the use of our resources in this way at present for a request that we do not consider to carry any wider public interest. Therefore we are refusing your request under s14 of the FOI Act.

If you are considering submitting a further FOI request please think carefully about whether the request is essential at this current time, as answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. Where requests are made, please note that our response time may be impacted by the current situation.

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,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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