Congestion Charging residents discount
Request ID: FOI-2783-2021
Date published: 04 May 2021
. I specifically want to know the legal authority with which TfL have made this arbitrary decision, why it wasn't consulted, and I also want to make a freedom of information request for meeting minutes and legal advice relating to TfL's decision to do this to the citizens of the congestion zone.
TfL Ref: FOI-2721-2021
Thank you again for your email which we received on 6 April 2021 asking for minutes of meetings between TfL and the DfT and legal advice relating to the removal of the Congestion Charge resident’s discount.
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy.
Before addressing your questions, note that The Mayoral Decision document found via the following link explains the rationale behind the changes to the residents discount:
The appendices to the Decision document provide additional information that will be of note. They can be found here:
These documents explain the process followed and the considerations given in making the decision. The changes will be kept under review by TfL to ensure their continued effectiveness in light of the changing response to the pandemic.
Unfortunately we do not hold any minutes of meetings between TfL and DfT with regard to the changes to the Congestion Charge residents’ discount.
We do hold legal advice on the changes to the residents’ discount, however we are not obliged to supply it as it is subject to a statutory exemption to the right of access to information under section 42 – Legal Professional Privilege. In this instance the exemption has been applied as some of the correspondence you have requested relates directly to the seeking, provision, and result of legal advice.
Section 42 of the Freedom of Information Act exempts legally privileged information, including legal advice, from disclosure under the Freedom of Information Act. There is a very strong element of public interest inbuilt into the concept of Legal Professional Privilege and this has long been recognised, by the Information Commissioner, the Information Tribunal and the courts, and it reflects the importance of legal advice being sought, and given, in confidence as a fundamental condition on which the administration of justice rests. There is an inherent public interest in TfL being able to obtain full and frank legal advice, and this is consistent with TfL’s responsibility to analyse and address legal risks and issues.
Please see the attached information sheet for details of your right to appeal.
FOI Case Officer
FOI Case Management Team
Transport for London
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