FOI request detail

information on outcome of complaint

Request ID: FOI-2422-2122
Date published: 15 February 2022

You asked

I have asked Go Ahead buses for the outcome of a complaint about a driver, their reply was that it has been dealt with but refuse to tell me what the outcome was, only that he had been interviewed and appropriate action taken. Was the complaint up held or was there no fault found? (REDACTED) Go Ahead's data protection advisor also refused to answer several requests asking if this is GO Ahead policy, to refuse to be transparent in their complaint procedure and keep complainants in dark? ref is LBX/21/0291

We answered

TfL Ref: FOI-2422-2122

Thank you for your request received by Transport for London (TfL) on 24 January 2022, asking for information about the outcome of a complaint about a Go Ahead bus driver.

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.

All complaints reported to us about bus drivers are passed on to the private operators who employ them so that they can be followed up such as with fact-finding interviews and further investigation where necessary. If drivers are found to have acted with gross misconduct, they will be dismissed. As with any investigation, the complaint must also be proven for action to be taken against drivers. We also undertake independent monitoring of driver performance to assure ourselves that the standard of technical driving remains high. From the customer perspective, we also conduct Mystery Traveller and Customer Experience surveys to assure ourselves that the service given is to the standard expected. Where significant issues are found, these are referred to the bus operators for investigation.

In accordance with our obligations under Data Protection legislation, information on the outcome of the complaint or any subsequent action against the driver has been withheld, 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 individual has 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.

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

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