DWP Implied Licence, an explanation please!

Pat James (Account suspended) made this Freedom of Information request to Department for Work and Pensions

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Response to this request is long overdue. By law, under all circumstances, Department for Work and Pensions should have responded by now (details). You can complain by requesting an internal review.

Pat James (Account suspended)

Dear Department for Work and Pensions, in response to a previous freedom of information request (Foi 4019) which remains unresolved, you made the following statement:

"I would like to explain that members of the public need to be aware that they do not have an unfettered right to access DWP offices and do so under what is referred to as an implied licence (an agreement giving permission for a person to do something). This licence can be revoked if members of the public do not abide by the rules set by the DWP to protect its employees and the personal data of other members of the public. It is also important to bear in mind that the rules also exist to ensure the smooth running of the DWP and activities which undermine this need to be curbed where possible."

Over recent weeks I have visited DWP offices in the area only to find that staff have no knowledge or awareness of of such an implied licence or its implications nor were there any notices regarding the subject.

As you do not seem disposed to providing an adequate response to my previous unresolved request, I make the following further request in order to gain clarification regarding your lack of explanation:

Please provide me with documentary evidence that an implied licence related to public access into a public building actually exists. Please also provide a complete list of all rules, regulations, codes or other caveats that you may invoke on members of the public under this alleged implied licence, which are absent from any DWP office which I have recently visited.

Please also confirm that this alleged implied licence does not negate or otherwise impinge on the individual rights of any member of the public.

Should this request be treated as anything other than a freedom of information request submitted in order to determine fact, it will be evident that no such implied licence exists. It is also of supreme public interest.

Yours faithfully,

Pat James

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John Slater left an annotation ()

Pat,
You might find the following interesting:
http://www.bitsoflaw.org/land/ownership/...

http://www.inbrief.co.uk/property-law/pr...

I'm no fan of the DWP but I believe what it told you about an implied license is correct. As the license is implied it means that it is not written down. JCP premises are not public spaces as compared to a street.

Pat James (Account suspended) left an annotation ()

John Slater, I urge yo to research the meaning of licence, then perhaps you will realize that an implied licence is a contradiction in terms, therefore has no meaning, rendering it unenforceable.

Operations FOI Requests, Department for Work and Pensions

1 Attachment

 
 
Dear Pat James
 
Please find attached our response to your recent Freedom of Information
request.
 
 
Yours sincerely
 
DWP Central Freedom of Information Team
 
 
 
 

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trace newton left an annotation ()

Councils often cite similar, non-existent licences. They can then make up dates when the licences supposedly start and end, depending on what they want to argue in court. They can also make up the content of the 'licences'. London councils have utilised these for many years with regard to housing. They use them to side-step regulations and avoid legal responsibilities. Judges don't question these non-existent 'licences' in court, they are automatically accepted.

Pat James (Account suspended) left an annotation ()

Your postulation regarding judicial acceptance of an implied licence would fly in the face of the requirement for facts and evidence. In short the judge would be accepting an untruth which is a miscarriage of justice. Remember the maim of law, if it cannot be proved, it cannot exist.

Frank Zola left an annotation ()

Implied license "unwritten"
An implied license is an unwritten license which permits a party (the licensee) to do something that would normally require the express permission of another ...
https://en.wikipedia.org/wiki/Implied_li...

Pat James (Account suspended) left an annotation ()

Frank Zola, Wikipedia has as mush credibility as your foolish statements.

Frank Zola left an annotation ()

implied
adj
Of something that is inferred, rather than plainly expressed.
http://www.yourdictionary.com/implied#law

Broadly, what is not specifically stated, but demonstrated by the parties' actions
http://www.oxfordreference.com/search?q=...

if something is implied, it is understood to be true or to exist, although it is not stated directly or in a legal agreement
http://dictionary.cambridge.org/dictiona...

Suggested but not directly expressed; implicit.
https://en.oxforddictionaries.com/defini...

Pat James (Account suspended)

Dear Operations FOI Requests, I am not requesting that you create any new information, All I am requesting is the information you cite in your responses.

I you cannot provide evidence that these records exists, then they are uneforceable, and you are being less than honest.

Yours sincerely,

Pat James

Operations FOI Requests, Department for Work and Pensions

This is an automated confirmation that your request for information has been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally expect a response within 20 working days.
  
For further information on making Freedom of Information requests please click on the link below.

https://www.gov.uk/make-a-freedom-of-inf...

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Pat James (Account suspended)

Dear Operations FOI Requests, your response in no way answers my freedom of information request, of which you seem to have ignored the majority of its contents.

Yours sincerely,

Pat James

Operations FOI Requests, Department for Work and Pensions

This is an automated confirmation that your request for information has been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally expect a response within 20 working days.
  
For further information on making Freedom of Information requests please click on the link below.

https://www.gov.uk/make-a-freedom-of-inf...

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John Freedman left an annotation ()

Pat James, when will you be making a complaint to the Information Commissioner? Is a request for an "explanation" a valid request for information that existed at the time of your request?

Operations FOI Requests, Department for Work and Pensions

1 Attachment

 
 
 
Mr James
 
Please see copy of your FoI request attached
 
 
 
 

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