Freedom of Information request - Office built for junior member of staff - Pier Walk
Request ID: FOI-2068-2223 Date published: 16 December 2022
You asked
Dear Transport for London,
I am writing to request information on the costs and rationale for the office built for a junior Band 3 employee on the 5th floor Green Zone at Pier Walk.
The has been built in the existing print hub and the decision to meet this request has unfairly impacted the space available to other staff and was previously rejected before a department move.
I would like to request email correspondence between senior members of T&D Payments, Technology Development, Facilities and Business Operations where this was discussed and approved.
I know it was rejected whilst this junior employee worked in Technology Development so would like to see the justification for it and the costs incurred. In addition to the build, please break down equipment currently installed in this office and costs to establish this.
We answered
Our ref: FOI-2068-2223/GH
Thank you for your request received by Transport for London (TfL) on 20 November 2022 asking for information about an office built for junior member of staff - Pier Walk.
Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold the information you require.
However, we have concluded that your request is vexatious and therefore, under section 14(1), we are not obliged to provide you with a response.
Vexatiousness is not defined under the FOI Act, but the Information Commissioner’s Office (ICO) has adopted a five point approach that is useful in determining whether or not a request is vexatious. In view of this, TfL considered the limbs of this test in determining whether your requests could legitimately be considered to be vexatious.
The elements of this test are as follows: · whether compliance would create a significant burden in terms of expense and distraction; · whether the request has the effect of harassing the public authority or its staff; · whether the request can fairly be characterised as obsessive; · whether the request has any serious purpose or value; and · whether the request is designed to cause disruption or annoyance.
TfL has determined that your requests can reasonably be described as vexatious on the basis that your correspondence has the effect of harassing staff, that your request lacks any serious purpose or value and that it appears to be designed to cause disruption or annoyance. We have been further guided towards this conclusion by the fact this request has been submitted on three separate occasions within a very short space of time (20 November, 21 November and 1 December) despite having received emails acknowledging your initial request. Additionally you have opted not to allow TfL the appropriate timeframe set out within the legislation to issue you with a response before you have decided to chase.
Please bear in mind that TfL receive around 3,000 FOI/EIR requests per year and these are all entirely handled by a small team of experts. Therefore, whilst we have an excellent record over several years of providing information to almost all of our requests within the statutory deadline, it may be the case that a requester does not receive an immediate response or as quickly as they would like due to the volume of cases we process at any one time. However we do not agree that there has been any delay to your response.
It is also apparent that, in processing your request, at least two or more exemptions would need to be considered in depth, including section 40(2) and section 43(2) but we do not consider that the diversion of our limited and specialist resource in fulfilling this request is either justified, appropriate or in the wider public interest given the indicating factors referenced above. We therefore consider that, on balance, your request should be appropriately refused under section 14 of the FOI Act.
Please also note that FOI requests and disclosures are considered to the public at large. Should a member of staff have any concerns about staff welfare there are several internal mechanisms available to them to raise this. We would also encourage you to review the helpful guidance provided by the ICO on their website regarding best practice on making FOI requests to ensure that you are able to make best use of the Act in submitting future requests.
If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.
Yours sincerely
Graham Hurt FOI Case Officer FOI Case Management Team General Counsel Transport for London
