FOI request detail

Cockfosters/Arnos Grove EqIA Correspondence

Request ID: FOI-2015-2021
Date published: 03 February 2021

You asked

Please provide any emails which contain an attachment which has both the words “Cockfosters” and “EQIA” in any order and in any combination (and regardless of capitalisation etc.). Please also provide any email containing the words “Cockfosters” and “EQIA” sent to/from any email address ending with the domain @enfield.gov.uk. Likewise, please provide any emails which contain an attachment which has both the words “Arnos Grove” and “EQIA” in any order and in any combination (and regardless of capitalisation etc.) and any email containing the words “Arnos Grove” and “EQIA” sent to/from any email address ending with the domain @enfield.gov.uk.

We answered

Our Ref:         FOI-2015-2021

Thank you for your request received on 7 January 2021 asking for correspondence regarding Equality Impact Assessments (EqIAs) for Cockfosters and Arnos Grove.

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.

We have carried out a search based on the criteria in your request. As written your request covered over 1,000 pages due to including information on Local Implementation Plans (LIPs). From a brief review we do not believe this information is relevant to the focus of your request and have removed it from the attached correspondence. However, if you would like us to provide the LIP information then please let me know.

In accordance with the FOI Act, we are not obliged to supply some of the information contained within the attached correspondence as it is subject to a statutory exemption to the right of access to information under section 42. In this instance the exemption has been applied as some of the information you have requested relates directly to the seeking, provision, and result of legal advice.

Section 42 of the Freedom of Information Act exempts legally privileged information, including legal advice, from disclosure under the Freedom of Information Act. There is a very strong element of public interest inbuilt into the concept of Legal Professional Privilege and this has long been recognised, by the Information Commissioner, the Information Tribunal and the courts, and it reflects the importance of legal advice being sought, and given, in confidence as a fundamental condition on which the administration of justice rests. There is an inherent public interest in authorities being able to obtain full and frank legal advice, and this is consistent with their responsibility to analyse and address legal risks and issues.

In addition, in accordance with our obligations under Data Protection legislation some personal data has been removed, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle of Article 5 of the General Data Protection Regulation which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the 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.

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.

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.

Yours sincerely

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

[email protected]

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