Department for Transport

The complainant has requested the written advice from the Association of Train Operating Companies (ATOC) to the DfT on the impact of fare-splitting on rail ticket revenues, and correspondence between ATOC and DfT officials and between DfT officials regarding that advice during 2011. The DfT disclosed some information but refused to provide the remaining information under section 35(1)(a), section 41, section 42 section 43(2) and section 44 FOIA. During the course of the Commissioner’s investigation the DfT also applied section 36 FOIA. The Commissioner’s decision is that the DfT has correctly applied section 44(1)(a) FOIA to the withheld information.  The Commissioner requires no steps to be taken.