FOI request detail

Section 12 refusal requests as a percentage of total received

Request ID: FOI-2025-2425
Date published: 15 October 2024

You asked

By way of a Freedom of Information request, please provide data for the number of TfL Foi requests rejected as you believe the time taken and the costs involved is too great. Basically when you reply using this form of words: "However, to provide the information you have requested would exceed the ‘appropriate limit’ of £450 set by the Freedom of Information (Appropriate Limit and Fees) Regulations 2004. Under section 12 of the FOI Act, we are not obliged to comply with a request if we estimate that the cost of determining whether we hold the information, locating and retrieving it and extracting it from other information would exceed the appropriate limit. This is calculated at £25 per hour for every hour spent on the activities described." Ideally I would like this information to cover the whole period this facility has been in operation but anticipate you'll be rejecting such a request based on time & cost! So how about you choose the most recent period that fits in with your own time & cost restraints. Maybe a year or two but I expect I'll be lucky to get 6 months of data. Please provide the total Foi requests made for a given period and the number rejected for time & cost reasons. Be interesting to know what percentage you reject/refuse based on the above criteria. Look forward to receiving this much needed information asap.

We answered

TfL Ref: 2025-2425

 

Thank you for your request received by Transport for London (TfL) on 23 September 2024 asking for information about the number of requests refused under Section 12 of the Freedom of Information Act 2000.

 

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.  I can confirm that we hold the information you require. You specifically asked:

 

TfL’s overall performance in managing Freedom of Information (FOI) and Environmental Information Regulations (EIR) requests can be found at the following link: https://tfl.gov.uk/corporate/transparency/freedom-of-information/foi-performance

 

Over the 2023/24 financial year, 67 per cent of the 4,540 FOI and EIR requests received were responded to in full, with 12 per cent relying on a partial exemption and 21 per cent being refused in full due to an applicable exemption.

 

Section 12 of the FOI Act provides that a request for the disclosure of information can be refused where the authority estimates that the cost of complying with a request would exceed the appropriate limit. The appropriate limit is set out in Regulation 3 of the Fees Regulations and, for TfL, is set at £450. Regulation 4(4) states that the cost of the time which you expect to spend dealing with a request must be estimated at a rate of £25 per hour. This means a request would exceed the appropriate limit if complying would take more than 18 hours. More information on this can be found at the following link: https://ico.org.uk/for-organisations/foi/freedom-of-information-and-environmental-information-regulations/section-12-requests-where-the-cost-of-compliance-exceeds-the-appropriate-limit/

 

The number of FOI requests processed, the number of section 12 refusals and this figure presented as a proportion of the total FOI requests processed since 2021/22 can be seen below.

 

 

FOI requests processed

FOI requests in which s12 has applied

Proportion of cases resulting in s12

2021/22

2578

193

7.4%

2022/23

3099

265

8.5%

2023/24

3659

297

8.1%

2024/25* (as at 10 October 2024)

1579

122

7.7%

 

 

If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.

 

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

 

 

Sara Thomas

FOI Case Management Team

General Counsel

Transport for London

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