Our Ref:         FOI-3281-1819

Thank you for your request received on 5 March 2019 asking for information about the Sandilands Incident Review Board.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we hold some of the information you require. You asked for:

Following up on data provided by the Mayor of London on 27 December 2018 (part 4 of Question 2018/2658 https://www.london.gov.uk/questions/2018/2658), an email dated 04 July 2018 from the Secretariat Officer of the Safety, Sustainability and Human Resources (SSHR) Panel to TfL’s Director of Health Safety and Environment and General Council refers to a "Sandilands Incident Review Board."

• When was the Sandilands Incident Review Board created?

The Sandilands Review Board is an internal meeting to discuss non-operational issues related to the tram overturning at Sandilands, including claims and legal advice.  It began meeting shortly after 9 November 2016 and has met regularly since then. 

• Who served on the Sandilands Incident Review Board?

It comprised representatives from General Counsel, TfL Legal, TfL Group Insurance, Safety, London Trams, Media, Customer Strategy (Sarah Hope Line) and Corporate Affairs.

• What was the Sandilands Incident Review Board’s Terms of Reference?

There are no formal terms of reference. The purpose is to enable legal advice to be given and relevant information including updates on progress to be shared efficiently and to enable discussion and co-ordination of actions.

• What were the exact meeting dates of the Sandilands Incident Review Board?

Please see the attached list of dates.

• Please provide me with all Notes, Minutes and Action Lists produced by and in relation to decisions made by the Sandilands Incident Review Board

In accordance with the FOI Act, we are not obliged to supply some of the information as it is subject to a statutory exemption to the right of access to information under section 42. In this instance the exemption has been applied as the information 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 FOI 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.

If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free to contact me.

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

Yours sincerely

Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]

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