Request ID: FOI-1748-2122 Date published: 25 November 2021
You asked
F/O from 1452-2122
All documents (including but not limited to incident reports), photographs, and video surveillance concerning graffiti applied to the exterior of London Underground trains for the period November 29 and 30 2019 (Piccadilly Line) and December 3 and 4 2019 (Jubilee Line).
We answered
TfL Ref: 1748-2122
Thank you for your refined request received by Transport for London (TfL) on 5 November 2021 asking for information about graffiti on London Underground trains.
Your request has been processed in accordance with the requirements of the Freedom of Information Act and TfL’s information access policy. I can confirm that we do hold the information you require. You asked for: All documents (including but not limited to incident reports), photographs, and video surveillance concerning graffiti applied to the exterior of London Underground trains for the period November 29 and 30 2019 (Piccadilly Line) and December 3 and 4 2019 (Jubilee Line).
However, in accordance with the FOI Act, we are not obliged to supply the information requested as it is subject to a statutory exemption to the right of access to information under sections 31 and 38(1)(b) of the Act. We do not generally release information on graffiti incidents, as we are very cautious about encouraging copycat vandalism in this manner by releasing any information that makes TfL assets a more attractive target for graffiti. There is a real and ongoing interest in TfL services as a target for this criminal activity and this will only increase if we release information on the prevalence and impact of these incidents and particularly in a way that would enable copycat incidents. In our view provision of the information requested would serve only to publicise the methodology utilised to gain access and graffiti our services which, in turn, would be likely to lead to copycat incidents.
Disclosure of this information has to be regarded as a disclosure to ‘the public at large’ and, having considered the information subject to your request, in this instance the exemption has been applied as disclosure of the information requested would be likely to adversely affect the safety and security of TfL employees and members of the general public (section 38(1)(b)). Further, the information itself would be held only for the purposes of an investigation into potentially criminal activity and therefore we confirm that we also consider section 31(1)(a) and (b) to be sufficiently engaged. Provision of this information would provide detail of our CCTV capability and coverage which would also be likely to hinder future investigations by creating an awareness of our operations that individuals could use to exploit for criminal activities, making crime prevention and detection more difficult.
The practice of applying graffiti is an act of criminal damage which, from a transport perspective, also generally involves trespassing onto unsafe areas of track or depots. There is a significant risk of serious harm or death for anybody who accesses these areas without authorisation and this is evident from the tragic fatalities at Loughborough Junction in 2018: https://www.bbc.co.uk/news/uk-england-london-47404529.
We consider that if we were to provide the information you have asked for, the increase in visibility of any graffiti would make our trains a more attractive target and would encourage graffiti. The inevitable consequence of this would be more instances of people endangering their own lives by trespassing onto tracks and in depots, as well as the lives of staff and security personnel who would need to investigate any trespassing incidents which would involve accessing tracks and other dangerous locations to identify, apprehend and stop any trespassers damaging property and putting themselves in danger.
The use of these exemptions are subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, but in this instance the public interest in applying the exemption, in order to minimise risks to operational resilience, safe operation of the London Underground network and the wellbeing of staff, enforcement personnel and members of the general public, outweighs the public interest in disclosure.
We wish to make it clear that these exemptions apply to the requested information regardless of the length of the time period covered by this request.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Sara Thomas FOI Case Officer FOI Case Management Team General Counsel Transport for London
