FOI request detail

Night Overground

Request ID: FOI-2670-1617
Date published: 18 May 2017

You asked

From the Concession Agreement with Arriva Rail London posted on your website, and tweets sent from TfL Twitter accounts, there appears to be a clear intention to start a 'Night Overground' service in the near future. I expect that by this point you have developed a detailed plan of what this will involve, including proposed or potential timetables. Please provide all information held relating to the operation of a Night Overground service, including any proposed: Working timetable Public timetable Train utilisation plans Commencement dates As well as: Forecasted passenger usage Forecasted income/expenditure

We answered

Our ref: FOI-2670-1617


Thank you for your request received by Transport for London (TfL) on 29 March 2017 asking for information about the operation of a Night Overground service.


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 some of the information you require, however these are emerging plans which are still being drawn up and they currently have not been finalised.


Once plans have been finalised information on the operation of the service will be made available to the public. Therefore in accordance with the FOI Act, we are not obliged to supply you with this information at this time as it is subject to a statutory exemption to the right of access to information, under Section 22 of the Act. In this instance the exemption has been applied as the information you have requested is intended for future publication.


This exemption is subject to a public interest test, which requires us to assess whether the public interest in applying the exemption outweighs the public interest in disclosure. In this instance, it is considered that the public interest favours the publication of this information, once approved, in context and according to the pre-determined schedule, rather than in response to your request. The information currently held has not been finalised and is subject to change, and therefore release at this stage could be misleading and potentially cause issues for some along the route.


Furthermore, we are not obliged to provide you with the income /expenditure forecasts as this information 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 as negotiations are ongoing and disclosure would be likely to prejudice our commercial interests. Disclosure of the forecasts could hinder our ability to negotiate the best value for money.


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 outweighs the general public interest in increasing transparency of our processes.


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

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