Please could you provide me with details and copy communications between TFL and its contractor over the failure of its contractor to repair the damaged crash barrier on the A 3 London bound exit slip road. This was first reported to you in 2017.

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TfL Ref: FOI-3366-1819

Thank you for your email received by Transport for London (TfL) on 11 March 2019.

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:

Maintenance works on the A3 red route at Malden Junction

Please could you provide me with details and copy communications between TFL and its contractor over the failure of its contractor to repair the damaged crash barrier on the A 3 London bound exit slip road. This was first reported to you in 2017.

There has not been any failure in the handling of this renewal in 2017 of a report of damage to the safety barriers at Hook Rise. This was a localised fault and following a scheduled in depth inspection in Feb 2018 it was determined that due to multiple issues the barrier was unsafe and a replacement was ordered for manufacture.

We have not located any records of a damaged safety barrier reported to us in 2017 for this location. Attached are all emails we hold with our contractor relating to the safety barrier.

However in accordance with TfL’s obligations under Data Protection legislation some personal data has been removed, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the individuals have no expectation it would be disclosed and TfL has not satisfied one of the conditions which would make the processing ‘fair’.

This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.

Furthermore, section 43(2) exemption has been applied to financial information as disclosure would be likely to prejudice the commercial interests of the contractor. Prejudice would be likely to occur when they tender for similar opportunities in the future, as their competitive edge would inevitably be prejudiced by disclosure of a breakdown of their rates and prices.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities but in this instance the public interest in ensuring that TfL is able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.

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.

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

Eva Hextall

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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