Copy of IA 13744 Report submitted by TfL to the Croydon Tram Crash Investigations
Request ID: FOI-2156-1920
Date published: 16 December 2019
You asked
TfL's 'file copy' of IA 13744 (Competence and Fitness of Tram Operations Limited (TOL) Tram Operators dated 2 July 2014) released by the Mayor of London on 26 June 2018 in response to Question 2018/1314 (https://www.london.gov.uk/questions/2018/1314) is missing the report's final four pages (numbered 9-12). Please send me a copy of the version(s) of IA 13744 (and any related covering documentation) which TfL submitted to the Croydon Tram Crash Investigators (RAIB, SNC Lavalin), the British Transport Police and the Office of Rail and Road as part of their investigations into the Croydon Tram Crash.
We answered
Our Ref: FOI-2156-1920
Thank you for your request received on 18 October 2019 asking for a copy of the full text of IA Report 13744 and the related covering documentation.
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.
Please refer to the answer to an identically worded question to the Mayor 2019/20159 for a further information and a full copy of Internal Audit 13744:
https://www.london.gov.uk/questions/2019/20159
In accordance with section 21 of the FOI Act, TfL is not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.
Additionally, in accordance with the FOI Act, other information which TfL has provided to the RAIB, SNC Lavalin, ORR or the BTP for the purpose of their investigations would be exempt from disclosure, in accordance with the exemptions to the right of access to information under section 31(1)(g) of the FOI Act.
The exemption at section 31(1)(g) relates to information whose disclosure would be likely to prejudice the exercise by any public authority of its functions for any of the purposes listed in subsection 31(2) of the FOI Act. In this instance, the relevant purposes would be 31(2)(c) ‘the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise’; 2(e), ‘the purpose of ascertaining the cause of an accident’; 2(i) ‘the purpose of securing the health, safety and welfare of persons at work’ and 2(j) ‘the purpose of protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work’.
The use of these 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, but in this instance we consider that there is greater public interest in withholding the information to ensure no prejudice is caused to the investigations and any proceedings that may arise from them.
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]
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