Taxi and PHV Driver Policy, Page 93, Appendix D - Taxi Reconsideration Hearing Procedure.
Request ID: FOI-3139-2223 Date published: 27 March 2023
You asked
Under the sub-heading of The Hearing Process, it says the officer conducting the hearing will be familiar with all relevant regulations. In the next paragraph it says the officer conducting the hearing has a discretion on who is allowed to speak other than the appellant.
Request :-
I would like to know if the officer conducting the hearing is required to have any legal qualifications.
I would also like to know if the appellant's legal representative is allowed by the officer conducting the hearing to address the hearing on behalf of the appellant.
We answered
Our ref: FOI-3139-2223/GH
Thank you for your request received on 28 February 2023 asking for information regarding our taxi reconsideration hearing procedure.
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: Re : Taxi and PHV Driver Policy, Page 93, Appendix D - Taxi Reconsideration Hearing Procedure. Under the sub-heading of The Hearing Process, it says the officer conducting the hearing will be familiar with all relevant regulations. In the next paragraph it says the officer conducting the hearing has a discretion on who is allowed to speak other than the appellant. Request :- I would like to know if the officer conducting the hearing is required to have any legal qualifications. I would also like to know if the appellant's legal representative is allowed by the officer conducting the hearing to address the hearing on behalf of the appellant. As per our published Taxi and Private Hire Driver Policy, “the officer conducting the hearing will be familiar with all relevant regulations, as well as policies and procedures relating to taxi drivers and vehicle owners that are followed by TfL.”
There is no requirement for the conducting officer to hold legal qualifications.
With regard to your second question, our policy further explains that “appellants may be accompanied by a legal or other representative, relative or friend. TfL must be advised in advance and the conduct of the hearing is managed by the officer conducting the hearing who has a discretion on who is allowed to speak other than the appellant and any conditions or requirements necessary.
The hearing is primarily an opportunity for the appellant to speak for himself and personally to bring to attention matters which he feels TfL should take into consideration in reviewing its decision. It is not conducive to an effective hearing for too many people to be present, but it can be helpful for a partner or friend to be present throughout and speak on behalf of the appellant. Even when represented the appellant should be encouraged to speak for himself/herself.”
As stated, “the conduct of the hearing is managed by the officer conducting the hearing..” however, it is ultimately the appellants choice as to who speaks on their behalf.
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.
If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.
Yours sincerely
Graham Hurt FOI Case Officer FOI Case Management Team General Counsel Transport for London
