Opt-out process for Licence Fee enforcement

The request was successful.

Dear British Broadcasting Corporation,

In RFI20110690, you stated that citizens had no obligation to co-operate with BBC-TV Licensing enforcement processes - ie. no obligation to respond to letters and no obligation to agree to interview or home searches.

Please can you therefore tell me:-

1. By reference to staff training documentation, policy documents etc., how would a member of the public signify to BBC-TV Licensing their intention to withdraw from the enforcement process, such that BBC/TV-Licensing would respect their instuctions? (For clarity: so that no further letters would be sent by you and no "visits" attempted).

2. By reference to staff training documentation, policy documents, Intranet content, etc., what is the entire list of types of actions that you accept can be taken by members of the public that will result in your "investigation" being cancelled/withdrawn/curtailled. (For clarity: so that no further letters would be sent by you and no "visits" attempted).

3. By reference to your database, records of correspondence from members of the public, e-mails, decision-making process records, or similar, please provide an anonymous summary list of the types of notification of withdrawal from the BBC/TV-Licensing enforcement process that have actually been given by members of the public, and received and actioned by BBC/TV-Licensing.

4. Any numerical/statistical analysis that has been created in respect of (3).

Yours faithfully,

Mark (on behalf of LicenceFree.co.uk)

FOI Enquiries, British Broadcasting Corporation

Dear Mark,

Thank you for your request for information under the Freedom of
Information Act 2000, as detailed in your email below. Your request was
received on 6th November. We will deal with your request as promptly as
possible, and at the latest within 20 working days. If you have any
queries about your request, please contact us at the address below.

The reference number for your request is RFI20111356.

Kind regards,

The Information Policy & Compliance Team
BBC Freedom of Information
Room 2252, BBC White City
201 Wood Lane
London W12 7TS
www.bbc.co.uk/foi
Email: [BBC request email]
Tel: 020 8008 2882
Fax: 020 8008 2398

-----Original Message-----
From: Mark [mailto:[FOI #92292 email]]
Sent: 06 November 2011 08:34
To: FOI Enquiries
Subject: Freedom of Information request - Opt-out process for Licence
Fee enforcement

Dear British Broadcasting Corporation,

In RFI20110690, you stated that citizens had no obligation to
co-operate with BBC-TV Licensing enforcement processes - ie. no
obligation to respond to letters and no obligation to agree to
interview or home searches.

Please can you therefore tell me:-

1. By reference to staff training documentation, policy documents
etc., how would a member of the public signify to BBC-TV Licensing
their intention to withdraw from the enforcement process, such that
BBC/TV-Licensing would respect their instuctions? (For clarity: so
that no further letters would be sent by you and no "visits"
attempted).

2. By reference to staff training documentation, policy documents,
Intranet content, etc., what is the entire list of types of actions
that you accept can be taken by members of the public that will
result in your "investigation" being
cancelled/withdrawn/curtailled. (For clarity: so that no further
letters would be sent by you and no "visits" attempted).

3. By reference to your database, records of correspondence from
members of the public, e-mails, decision-making process records, or
similar, please provide an anonymous summary list of the types of
notification of withdrawal from the BBC/TV-Licensing enforcement
process that have actually been given by members of the public, and
received and actioned by BBC/TV-Licensing.

4. Any numerical/statistical analysis that has been created in
respect of (3).

Yours faithfully,

Mark (on behalf of LicenceFree.co.uk)

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #92292 email]

Is [BBC request email] the wrong address for Freedom of Information
requests to British Broadcasting Corporation? If so, please contact
us using this form:

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

If you find this service useful as an FOI officer, please ask your
web manager to link to us from your organisation's FOI page.


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FOI Enquiries, British Broadcasting Corporation

Dear Mark

I am writing to apologise that we will not be able to meet the
20-working-day deadline for responding to your request. We are working on
it, and anticipate that we will be able to respond by Friday 9th December.
If this is not possible, we will write again then to update you.

Yours sincerely

The Information Policy & Compliance Team

BBC Freedom of Information
Room 2252, BBC White City
201 Wood Lane
London W12 7TS

[1]www.bbc.co.uk/foi
Email: [2][BBC request email]

Tel: 020 8008 2882
Fax: 020 8008 2398

 

-----Original Message-----
From: FOI Enquiries
Sent: 07 November 2011 11:09
To: 'Mark'
Subject: RFI20111356 - your request for information

Dear Mark,

Thank you for your request for information under the Freedom of
Information Act 2000, as detailed in your email below. Your request was
received on 6th November.  We will deal with your request as promptly as
possible, and at the latest within 20 working days. If you have any
queries about your request, please contact us at the address below.

The reference number for your request is RFI20111356.

Kind regards,

The Information Policy & Compliance Team BBC Freedom of Information Room
2252, BBC White City
201 Wood Lane
London W12 7TS
[3]www.bbc.co.uk/foi
Email: [BBC request email]
Tel: 020 8008 2882
Fax: 020 8008 2398

-----Original Message-----
From: Mark [[4]mailto:[FOI #92292 email]]
Sent: 06 November 2011 08:34
To: FOI Enquiries
Subject: Freedom of Information request - Opt-out process for Licence Fee
enforcement

     Dear British Broadcasting Corporation,
    
     In RFI20110690, you stated that citizens had no obligation to
     co-operate with BBC-TV Licensing enforcement processes - ie. no
     obligation to respond to letters and no obligation to agree to
     interview or home searches.
    
     Please can you therefore tell me:-
    
     1. By reference to staff training documentation, policy documents
     etc., how would a member of the public signify to BBC-TV Licensing
     their intention to withdraw from the enforcement process, such that
     BBC/TV-Licensing would respect their instuctions? (For clarity: so
     that no further letters would be sent by you and no "visits"
     attempted).
    
     2. By reference to staff training documentation, policy documents,
     Intranet content, etc., what is the entire list of types of actions
     that you accept can be taken by members of the public that will
     result in your "investigation" being
     cancelled/withdrawn/curtailled. (For clarity: so that no further
     letters would be sent by you and no "visits" attempted).
    
     3. By reference to your database, records of correspondence from
     members of the public, e-mails, decision-making process records, or
     similar, please provide an anonymous summary list of the types of
     notification of withdrawal from the BBC/TV-Licensing enforcement
     process that have actually been given by members of the public, and
     received and actioned by BBC/TV-Licensing.
    
     4. Any numerical/statistical analysis that has been created in
     respect of (3).
    
     Yours faithfully,
    
     Mark (on behalf of LicenceFree.co.uk)
    
     -------------------------------------------------------------------
    
     Please use this email address for all replies to this request:
     [FOI #92292 email]
    
     Is [BBC request email] the wrong address for Freedom of Information
     requests to British Broadcasting Corporation? If so, please contact
     us using this form:
    
     Disclaimer: This message and any reply that you make will be
     published on the internet. Our privacy and copyright policies:
     [5]http://www.whatdotheyknow.com/help/offic...
    
     If you find this service useful as an FOI officer, please ask your
     web manager to link to us from your organisation's FOI page.
    
    
     -------------------------------------------------------------------

 
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This e-mail (and any attachments) is confidential and may contain personal
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Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
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References

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FOI Enquiries, British Broadcasting Corporation

10 Attachments

Dear Mark

Please find attached the response to your request for information,
reference RFI20111356

<<RFI20111356 - final response.pdf>>
<<RFI20111356 - Disclosure Document 1 - WOIRA Policy.pdf>> <<RFI20111356 -
Disclosure Document 2.pdf>> <<RFI20111356 - Disclosure Document 3 .pdf>>
<<RFI20111356 - Disclosure Document 4.pdf>> <<RFI20111356 - Disclosure
Document 5.pdf>> <<RFI20111356 - Disclosure Document 6.pdf>> <<RFI20111356
- Disclosure Document 7.pdf>> <<RFI20111356 - Disclosure Document 8.pdf>>
<<RFI20111356 - Disclosure Document 9.pdf>>

Yours sincerely
Rachel Hallett

BBC Information Policy and Compliance
Room 2252, White City
201 Wood Lane
London W12 7TS, UK

Website: [1]www.bbc.co.uk/foi
Email: [2]mailto:[BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398
 

 
[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
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References

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2. mailto:[BBC request email]
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Dear British Broadcasting Corporation,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of British Broadcasting Corporation's handling of my FOI request 'Opt-out process for Licence Fee enforcement'.

In the case of a non-statutory process that is being imposed upon the public, it is vital that the relevant authority is able to fully and frankly disclose information about citizens' rights when requested to do so.

In this case, I have personal experience that the effect of a number of forms of action causes "TVL" to cease investigation activities. This is not limited to "WOIRA".

So, let me extrapolate my original request, thus:-

By reference to staff training materials, policy documents, internal emails and similar documentation, please (a) confirm that the following actions have meaning to BBC-TVL in terms of moderating or curtailing your enforcement activities, and (b) indicate what form of moderation or curtailment is involved in each case:

1) Letter alleging harassment.
2) Solicitor's letter alleging harassment.
3) Formal complaint at the level of BBC Head of Revenue Management or above.
4) WOIRA with exception for attendance at an appointed date & time.
5) Instruction that BBC-TVL may attend only in the event that evidence of evasion becomes known.
6) Letter instructing you to "cease & desist" from sending mass-mailing letters.
7) Letter instructing you to "cease & desist" all enforcement activities.
8) A notice physically posted on visited premises instructing BBC-TVL to leave.
9) The use of CCTV or other video recording equipment at the time of a BBC-TVL visit to premises.
10) Involvement of the MP of someone who does not need a TV Licence.

*AND a COMPLETE DISCLOSURE of any/all other forms of action that can be taken by citizens that are meaningful in terms of your internal policy decisions on the nature and continuance of enforcement activity*

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/op...

Yours faithfully,

Mark

FOI Enquiries, British Broadcasting Corporation

Dear Mark

I refer to your email below. Whilst you have entitled it Internal Review,
it appears to be a new request for information relating to the ten actions
you have listed. We will therefore process this request for information,
under the reference number RFI20111491.

Yours sincerely
The Information Policy & Compliance Team

BBC Freedom of Information
Room 2252, BBC White City
201 Wood Lane
London W12 7TS

[1]www.bbc.co.uk/foi
Email: [2][BBC request email]

Tel: 020 8008 2882
Fax: 020 8008 2398

-----Original Message-----
From: Mark [[3]mailto:[FOI #92292 email]]
Sent: 02 December 2011 15:26
To: FOI Enquiries
Subject: RFI20111491 - Opt-out process for Licence Fee enforcement

     Dear British Broadcasting Corporation,
    
     Please pass this on to the person who conducts Freedom of
     Information reviews.
    
     I am writing to request an internal review of British Broadcasting
     Corporation's handling of my FOI request 'Opt-out process for
     Licence Fee enforcement'.
    
     In the case of a non-statutory process that is being imposed upon
     the public, it is vital that the relevant authority is able to
     fully and frankly disclose information about citizens' rights when
     requested to do so.
    
     In this case, I have personal experience that the effect of a
     number of forms of action causes "TVL" to cease investigation
     activities. This is not limited to "WOIRA".
    
     So, let me extrapolate my original request, thus:-
    
     By reference to staff training materials, policy documents,
     internal emails and similar documentation, please (a) confirm that
     the following actions have meaning to BBC-TVL in terms of
     moderating or curtailing your enforcement activities, and (b)
     indicate what form of moderation or curtailment is involved in each
     case:
    
     1) Letter alleging harassment.
     2) Solicitor's letter alleging harassment.
     3) Formal complaint at the level of BBC Head of Revenue Management
     or above.
     4) WOIRA with exception for attendance at an appointed date & time.
     5) Instruction that BBC-TVL may attend only in the event that
     evidence of evasion becomes known.
     6) Letter instructing you to "cease & desist" from sending
     mass-mailing letters.
     7) Letter instructing you to "cease & desist" all enforcement
     activities.
     8) A notice physically posted on visited premises instructing
     BBC-TVL to leave.
     9) The use of CCTV or other video recording equipment at the time
     of a BBC-TVL visit to premises.
     10) Involvement of the MP of someone who does not need a TV
     Licence.
    
     *AND a COMPLETE DISCLOSURE of any/all other forms of action that
     can be taken by citizens that are meaningful in terms of your
     internal policy decisions on the nature and continuance of
     enforcement activity*
    
     A full history of my FOI request and all correspondence is
     available on the Internet at this address:
    
[4]http://www.whatdotheyknow.com/request/op...
    
     Yours faithfully,
    
     Mark
    
    
    
     -------------------------------------------------------------------
     Please use this email address for all replies to this request:
     [FOI #92292 email]
    
     Disclaimer: This message and any reply that you make will be
     published on the internet. Our privacy and copyright policies:
     [5]http://www.whatdotheyknow.com/help/offic...
    
     If you find this service useful as an FOI officer, please ask your
     web manager to link to us from your organisation's FOI page.
    
     -------------------------------------------------------------------

[6]http://www.bbc.co.uk/
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.

If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.
                                       

[7]http://www.bbc.co.uk/
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.

If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.
                                       

 
[8]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
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2. mailto:[BBC request email]
3. mailto:[FOI #92292 email]
4. http://www.whatdotheyknow.com/request/op...
5. http://www.whatdotheyknow.com/help/offic...
6. http://www.bbc.co.uk/
7. http://www.bbc.co.uk/
8. http://www.bbc.co.uk/

hide quoted sections

FOI Enquiries, British Broadcasting Corporation

3 Attachments

Dear Mark

Please find attached the response to your request for information,
reference RFI20111491

<<RFI20111491 - final response.pdf>>
<<RFI20111491 - disclosure document 2.pdf>> <<RFI20111491 - disclosure
document 1.pdf>>

Yours sincerely
Rachel Hallett

BBC Information Policy and Compliance
Room 2252, White City
201 Wood Lane
London W12 7TS, UK

Website: [1]www.bbc.co.uk/foi
Email: [2]mailto:[BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398
 

 
[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

Mark left an annotation ()

I think I've got as much useful information from the BBC as they have/are prepared to release.

I'm not convinced that they have embraced the true spirit of the FOI requirements or recognise the true situation of their enforcement regime in law.