Our Ref:          FOI-1879-1819

Thank you for your request received on 18 October 2018 asking for information about compensation provided to the victims of the Croydon Tram crash at Sandilands.

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. You asked:

Can you let me know how many claims have been made:

93 claims have been made arising from the incident. To date 34 claims have been closed.

And for each one :
o How much was the request for?
o How much was paid, and when?
o If the full amount was not met, why?

How many claims are unpaid or still outstanding, and why?
 
TfL and FirstGroup are working with claims handlers and insurer to deal with all claims. There are 59 claims which are not yet closed although interim payments have been made in most cases. We consider that further detail on these claims is exempt from disclosure under section 40(2) of the FOI Act, as disclosure of this personal data would be a breach of Data Protection legislation, specifically the first principle of the DPA which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the bereaved or injured individuals have no expectation it would be disclosed and TfL has not satisfied one of the conditions which would make the processing ‘fair’.

This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.

In addition to section 40(2), this information is also exempt from disclosure as it is subject to a statutory exemption to the right of access to information under section 43(2) of the FOI Act.
 
In this instance the exemption has been applied as disclosure of the information you have requested would be likely to prejudice our commercial interests, because providing details of individual claims would prejudice the discussion and negotiation of the remaining claims and could adversely affect the settlement of any claims made against the insurance policy.

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 the need for openness and transparency by public authorities, particularly where the expenditure of public money is concerned and in light of such a tragic incident, but in this instance the public interest in ensuring that any claims proceedings are not unduly prejudiced, outweighs the general public interest in increasing transparency of our processes.

What is the total amount paid by TfL in compensation?
 
To date, more than £5 million has been paid for counselling, rehabilitation, compensation and other activities to support those affected. This amount includes payments on closed claims and on claims which are still open.

Further information is available on our website:

https://tfl.gov.uk/modes/trams/croydon-tram-derailment
 
If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free to contact me.

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

Yours sincerely

Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]