FOI request detail

fraud

Request ID: FOI-2296-1718
Date published: 15 December 2017

You asked

Thanks for this. Please can you also let me know the total number of tenders for the years 2015/16 and 2016/17, so I can compare this total to the number of investigations into fraud. Please can you also let me know the details (tender, company investigated and outcome, if possible) for the three investigations mentioned. Please can you also let me know (if this is in your remit) whether any investigations were undertaken during or after TfL procurement processes in 2015/16 and 2016/17 relating to corruption?

We answered

TfL Ref: FOI-2296-1718

Thank you for your request received by Transport for London (TfL) on 15 November 2017 asking for further information about tenders and fraud investigations.

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 asked:

Please can you also let me know the total number of tenders for the years 2015/16 and 2016/17, so I can compare this total to the number of investigations into fraud.

2015/16 : 942 tenders

2016/17 : 831 tenders

Please can you also let me know the details (tender, company investigated and outcome, if possible) for the three investigations mentioned.

As you are aware from our previous response (FOI-1947-1718), in 2015/16 and 2016/17 there were three reports made and investigated relating to procurement fraud, none of which resulted in police/judicial action being taken.

In accordance with the FOI Act, we are not obliged to provide information on the tenders or companies subject to these investigations as it is subject to a statutory exemption to the right of access to information under section 43(2). In this instance, the section 43(2) exemption has been applied to the names of any company which have been investigated after concerns were raised, as it would be likely to prejudice our commercial interests as well as the commercial interests of those companies involved.  Allegations of fraud or corruption are submitted privately and confidentially and only a handful of people are made aware of the nature of any allegations made.  To reveal this information would undermine our own fraud prevention strategy and, additionally, as anyone can make an allegation of fraud, bribery or corruption, until an investigation is concluded and the defendant is tried in court, the individuals and their company are not disclosed. As we have stated, in the three cases the allegations were unfounded and did not result in any law enforcement or court action; therefore it would be extremely commercially damaging for their names to be disclosed.  TfL publishes its own Audit and Assurance papers, which you can access using the following link: https://tfl.gov.uk/corporate/publications-and-reports/audit-and-assurance-committee. Again, the only time we publish the name of companies, individuals or employees is when they are tried and found guilty and sentenced in the courts. 

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, but in this instance the public interest in ensuring that we are able to obtain the best value for public money, maintain the confidence of our suppliers and potential contractors and operate an efficient fraud prevention strategy outweighs the general public interest in increasing transparency of our processes. Additionally, the harm caused to private companies by disclosure of allegations that have been investigated, and found not to warrant police or court action, would outweigh the public interest in the disclosure of unproven allegations.

Please can you also let me know (if this is in your remit) whether any investigations were undertaken during or after TfL procurement processes in 2015/16 and 2016/17 relating to corruption?

We do not separately record at what stage of a procurement fraud investigations were undertaken, therefore please see our response as above.

If this is not the information you are looking for, please feel free to contact me.

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

Yours sincerely

Sara Thomas

FOI Case Officer

FOI Case Management Team

General Counsel

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