Recording TV Licensing prosecutions BBC and TV Licensing policy

The request was partially successful.

Dear British Broadcasting Corporation,

I refer to FoI request RFI20110715. You were asked for full publication of information about the “scope and function” of TV Licensing court reporters. You failed to do so. Instead a diversionary response stating that “there are no individuals at TV Licensing whose sole responsibilities are court reporting.” You were not asked that.

In FoI request RFI20110610, Dan McGregor used the term “TV Licensing court reporter”. He failed to mention that such a job title did not exist.

This is a request under the Freedom of Information Act 2000 for full disclosure and publication of the TV Licensing policy document which relates to all the activities of “On occasion TV Licensing sends individuals to court to record the details of a TV Licensing prosecution.”

1 Who in TV Licensing and BBC Executive Board created the policy and when.

2 Who in TV Licensing and BBC Executive Board approved the policy and when.

3 Who in TV Licensing and BBC Executive Board reviews the policy and how often.

4 Who in TV Licensing and BBC Executive Board amends the policy and how often.

5 The selection criteria used to determine:
A the TV Licensing prosecution(s)to be recorded
B the courts where TV Licensing prosecution(s) are to be recorded.

6 The number of times in 2010 when “On occasion TV Licensing sends individuals to court to record the details of a TV Licensing prosecution”.

7 The key performance indicators applied to:
A the TV Licensing prosecution(s) that have been recorded
B the Court where the TV Licensing prosecution(s) have been recorded.

8 What is the information gathered used for after “On occasion TV Licensing sends individuals to court to record the details of a TV Licensing prosecution" and by whom in TV Licensing and BBC Executive Board.

9 The job titles, job descriptions and person specifications of TV Licensing staff who are, “On occasion TV Licensing sends individuals to court to record the details of a TV Licensing prosecution".

10 The media used by TV Licensing staff in court to "record the details of a TV Licensing prosecution".

Yours faithfully,

Mr Hillas

Sent request to British Broadcasting Corporation again.

FOI Enquiries, British Broadcasting Corporation

Dear Mr Hillas

Thank you for your request for information under the Freedom of
Information Act 2000, as detailed in your email below. 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 RFI20110798

Kind regards

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: Mr Hillas [[3]mailto:[FOI #79357 email]]
Sent: 08 July 2011 14:10
To: FOI Enquiries
Subject: Freedom of Information request - Recording TV Licensing
prosecutions BBC and TV Licensing policy

Dear British Broadcasting Corporation,

I refer to FoI request RFI20110715. You were asked for full
publication of information about the "scope and function" of TV
Licensing court reporters. You failed to do so. Instead a
diversionary response stating that "there are no individuals at TV
Licensing whose sole responsibilities are court reporting." You
were not asked that.

In FoI request RFI20110610, Dan McGregor used the term "TV
Licensing court reporter". He failed to mention that such a job
title did not exist.

This is a request under the Freedom of Information Act 2000 for
full disclosure and publication of the TV Licensing policy document
which relates to all the activities of "On occasion TV Licensing
sends individuals to court to record the details of a TV Licensing
prosecution."

1 Who in TV Licensing and BBC Executive Board created the policy
and when.

2 Who in TV Licensing and BBC Executive Board approved the policy
and when.

3 Who in TV Licensing and BBC Executive Board reviews the policy
and how often.

4 Who in TV Licensing and BBC Executive Board amends the policy and
how often.

5 The selection criteria used to determine:
A the TV Licensing prosecution(s)to be recorded
B the courts where TV Licensing prosecution(s) are to be recorded.

6 The number of times in 2010 when "On occasion TV Licensing sends
individuals to court to record the details of a TV Licensing
prosecution".

7 The key performance indicators applied to:
A the TV Licensing prosecution(s) that have been recorded
B the Court where the TV Licensing prosecution(s) have been
recorded.

8 What is the information gathered used for after "On occasion TV
Licensing sends individuals to court to record the details of a TV
Licensing prosecution" and by whom in TV Licensing and BBC
Executive Board.

9 The job titles, job descriptions and person specifications of TV
Licensing staff who are, "On occasion TV Licensing sends
individuals to court to record the details of a TV Licensing
prosecution".

10 The media used by TV Licensing staff in court to "record the
details of a TV Licensing prosecution".

Yours faithfully,

Mr Hillas

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FOI Enquiries, British Broadcasting Corporation

1 Attachment

Dear Mr Hillas

Please find attached the response to your request for information,
reference RFI20110798

<<RFI20110798 - final response.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
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Peter Jones left an annotation ()

Do I detect that McGregor is getting a bit wound up by all of these requests? In that case, perhaps he wants to get a more honest job?

I. A. Anderson left an annotation ()

Thank you, Mr Hillas, for asking these vital questions.
I am so tired of receiving what amounts to 'threatening letters' just because I do not own a television set, which would seem to be regarded as a 'crime', judging by the tone of the letters. I have become so incensed by this, but nonetheless have been polite, by either emailing or telephoning to explain that I did not, nor do I, have a television set. I have had one visit by one of their officials, who was very polite, inspected my flat, and concluded that I did not, indeed, own a television set. However, the letters continue, and I just throw them in the bin.... the 'recycling' bin, of course. Yours, Ian Anderson

Mr Hillas left an annotation ()

Partially successful is not an accurate description. A response bordering on a refusal. An evasive response from a media organisation with much to hide.

clive reed left an annotation ()

Wikipedia describes Mr mcGregor as an elderly serio-comic villain of scots background intent on keeping hungry rabbits out of his vegetable garden

Mr Hillas left an annotation ()

Lodge a Freedom of Information request with the BBC about tv licensing policy. Get an evasive non-response from Dan McGregor, Senior Policy Advisor at tv licensing.

To judge from McGregor's non-response no one in BBC senior management on the BBC executive board seems to have any connection with, responsibility for or control of tv licensing policy. On that basis BBC tv licensing policy is non-policy made up as they go along.

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 'Recording TV Licensing prosecutions BBC and TV Licensing policy'.

The claim that the information is not held in respect of the following questions lodged under this FoI request is simply not credible. Nor are the claims that the BBC does not adequately supervise and monitor Capita's administration of the BBC's tv licensing contract. The BBC claim that they are in overall control of tv licensing and those who are contracted to carry out the work. To judge from the response to this FoI request, that is not the case.
Without the feedback loop of information gathered the BBC would be incapable of administering its own tv licensing enforcement regime and would therefore be incapable of auditing both tv licensing revenues and the compliance of its own tv licensing contractors.
The claim that members of the BBC executive board have no knowledge of and no written input into any policy relating to BBC tv licensing and the administration of the BBC tv licensing contract is just too absurd for words.

1. This is a request under the Freedom of Information Act 2000 for full disclosure and publication of the TV
Licensing policy document which relates to all the activities of “On occasion TV Licensing sends individuals to
court to record the details of a TV Licensing prosecution.”
2. Who in TV Licensing and BBC Executive Board created the policy and when.
3. Who in TV Licensing and BBC Executive Board approved the policy and when.
4. Who in TV Licensing and BBC Executive Board reviews the policy and how often.
5. Who in TV Licensing and BBC Executive Board amends the policy and how often.
6. The selection criteria used to determine:
a. the TV Licensing prosecution(s)to be recorded
b. the courts where TV Licensing prosecution(s) are to be recorded.
7. The key performance indicators applied to:
a. the TV Licensing prosecution(s) that have been recorded
b. the Court where the TV Licensing prosecution(s) have been recorded.
10. The job titles, job descriptions and person specifications of TV Licensing staff who are, “On occasion TV
Licensing sends individuals to court to record the details of a TV Licensing prosecution".

In accordance with section 1(1) of the Act, I am able to confirm that the BBC does not hold the
information you have requested i.e. a complete list of all those individuals who have been sent to court to
record prosecution outcomes. In general terms however, I can confirm that these individuals (i.e. court
reporters) include court presenters, legal advisors and fraud investigation managers from Capita. As these
individuals are employed by Capita we do not hold the information you have requested regarding their
employment details. This information is also not held by our contractor Capita on our behalf (as per
section 3(2) of the FOI Act).

In accordance with section 1(1) of the Act, I am able to confirm that the BBC does not hold the
information you have requested.

The responses to questions 9 and 11 are factually inconstistent. How can there be no written record if pen and paper are used by "tv licensing court reporters"? There is also a failure to be specific as to what the information gathered is actually used for otherwise gathering that information would be a pointless exercise.

9. What is the information gathered used for after “On occasion TV Licensing sends individuals to court to
record the details of a TV Licensing prosecution" and by whom in TV Licensing and BBC Executive Board.

The Freedom of Information Act only covers requests for written information. As this query is not a
request for written information, I am unable to answer it under the Act. I can confirm however that
prosecution outcomes are used for general reporting purposes.

11. The media used by TV Licensing staff in court to "record the details of a TV Licensing prosecution"

Prosecution outcomes are recorded with paper and pen.

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

Yours faithfully,

Mr Hillas

FOI Enquiries, British Broadcasting Corporation

Dear Mr Hillas

We have received your request for an internal review relating to TV
Licensing court recording policy. Your request for an internal review was
received on 14th August.

I note that you have asked for an internal review of the response to
question 9, as you have said it is factually inconsistent with the
response to question 11 'How can there be no written record if pen and
paper are used by "tv licensing court reporters"?'

The response to question 11 explains that pen and paper are used to make a
written record of what happens in court.

However, question 9 is asking for recorded information about what this
written record is used for, and as explained, the BBC does not hold any
recorded information on this subject. The two responses are therefore not
factually inconsistent.

We will carry out an internal review of the responses to questions 1 - 7
and question 10.

We shall deal with the review as promptly as possible and, at the latest,
within 30 working days. If you have any queries please contact us at the
address below.

The reference number for your internal review is IR2011024.

Kind regards

Rachel Hallett
Information Policy and Compliance

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

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

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FOI Enquiries, British Broadcasting Corporation

1 Attachment

Please find attached the decision notice upholding the original decision
regarding RFI20110798, considered under the terms of the Freedom of
Information Act.

<<IR2011024 - decision note.pdf>>
If you are not satisfied with the outcome of your internal review, you can
appeal to the Information Commissioner. The contact details are:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF; Telephone 01625 545 700 or [1]www.ico.gov.uk

Yours sincerely
Rachel Halett
Adviser, Information Policy and Compliance
BBC Freedom of Information
Room 2252
BBC White City
201 Wood Lane
London W12 7TS, UK
Website: [2]www.bbc.co.uk/foi/
Email: [3]mailto:[BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

 
[4]http://www.bbc.co.uk
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References

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