Request ID: FOI-2681-2223 Date published: 17 February 2023
You asked
Dear Transport for London,
On 22nd January 2023 a trespasser accessed the roof of Barons Court station which resulted in the part suspension of the Piccadilly and District lines. I would like to make a FOI request, and ask for the following information:
1. What is the total number of lost customer hours (LCH) as a result of this incident?
2. What is the total cost incurred by TfL as a direct result of this incident? (E.g. LCH; dispatch of ERU/NIRM; overtime; fixing any damage caused to the roof; any additional costs, etc.). If the total cost is not yet available, then please provide a rough estimate, and if possible, a breakdown of these costs.
3. Are TfL making active steps to recover any of the above costs? If not, then why not? If yes, then what steps are you taking?
We answered
TfL Ref: FOI-2681-2223
Thank you for your request received by Transport for London (TfL) on 22nd January 2023 asking for information about a trespasser at Barons Court station on 22nd January.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“On 22nd January 2023 a trespasser accessed the roof of Barons Court station which resulted in the part suspension of the Piccadilly and District lines. I would like to make a FOI request, and ask for the following information:
1. What is the total number of lost customer hours (LCH) as a result of this incident? 2. What is the total cost incurred by TfL as a direct result of this incident? (E.g. LCH; dispatch of ERU/NIRM; overtime; fixing any damage caused to the roof; any additional costs, etc.). If the total cost is not yet available, then please provide a rough estimate, and if possible, a breakdown of these costs. 3. Are TfL making active steps to recover any of the above costs? If not, then why not? If yes, then what steps are you taking?”
I can confirm that we hold the information you require. However, the information is exempt from disclosure under section 31(1)(a) of the Freedom of Information Act, the exemption that protects against the release of information that would, or would be likely to, prejudice the prevention or detection of crime. In reaching this conclusion we have been steered by the Information Commissioner’s guidance on the application of this exemption that can be found online here:
As you can see, paragraph 19 of the guidance states the following:
“The exemption also covers information held by public authorities without any specific law enforcement responsibilities. It could be used by a public authority to withhold copies of information it had provided to a law enforcement agency as part of an investigation. It could also be used to withhold information that would make anyone, including the public authority itself, more vulnerable to crime.....”
In this case, both aspects are relevant. This incident is subject to an ongoing investigation by the British Transport Police and we have supplied information to them on the damage caused, lost customer hours and estimated costs. We are unable to release any information into the public domain (noting that release of information under FOI is considered to be the world at large rather than to the individual applicant) that would prejudice that investigation. It is also the case that release of the information may encourage similar incidents on the network.
This exemption is qualified, meaning we have to consider whether the greater public interest rests in the exemption applying and the information being withheld, or in releasing it in any case. We appreciate the need for openness and transparency in the operation of our business, and the fact that you have requested the information is in itself an argument in favour of release. However, in this instance we do not consider that there are any further public interest grounds in favour of disclosing this precise information. As the guidance referenced above states at paragraph 88: “There is a very strong public interest in protecting the ability of public authorities to enforce the law.” In this case, we believe there is a very strong public interest in maximising the ability of the police to investigate the matter without prejudice, and in preventing similar incidents from happening on the network again. It would be strongly against the public interest to release any information that would undermine either aspect. For those reasons, we believe the exemption rightly applies.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
