British Broadcasting Corporation Room BC2 A4 Broadcast Centre White City Wood Lane London W12 7TP
Telephone 020 8008 2882 Email xxx@xxx.xx.xx
Information Rights
bbc.co.uk/foi
bbc.co.uk/privacy
Christopher Green
Via email:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
10 April 2018
Dear Mr Green
Request for Information – RFI20180442
Thank you for your request of 8th March 2018 under the Freedom of Information Act 2000 (‘the Act’)
seeking the following information:
“This request concerns the Capita TV Licensing Visiting Procedures, Chapter 10 Search Warrants,
page 81 of Issue 5 Revision 5.
A paragraph usually redacted by the BBC states "NB - a refusal to provide name, to cooperate with
the interview or to otherwise be "difficult" does not amount to an obstruction of the warrant". This
is, of course, correct - the warrant authorises entry to search the premises and examine and test any
television receiver found there." The warrant does not empower the TVL/Capita employees to force,
bully or otherwise coerce the occupier into giving his or
her personal details, under caution or otherwise.
Kindly explain, in light of the above therefore, the reason behind the next paragraph " If the
occupant refuses to give their name to the EO when executing the warrant, the accompanying
Police Officer should be asked to intervene and request the information".
Is it BBC policy to incite the police to bully the occupier into providing information under oppression
which TVL/Capita employees have no power under the warrant to obtain?
Are you aware that under PACE code C 11.5 no interviewer may try to obtain answers or elicit a
statement by the use of oppression? Do you consider the BBC outside the scope of PACE?
Are you aware that if the police complied with the request to obtain the occupier's name under
oppression and then conveyed that information to Capita/TVL, the police officers would be
committing an offence under the Data Protection Act 1998 (DPA)?
With reference to this video https://www.youtube.com/watch?v=WQDqEVpM1_c the TVL/Capita
employee clearly incites the police officers to obtain the occupier's name under oppression "threat
of being "done" for "obstruction"" and the female police officer then accesses the Police National
Computer illegally - committing misconduct and a breach of the DPA in the process. Is it BBC policy
to incite police officers to commit acts of misconduct and to act illegally?
The next paragraph states "If a person suspected of committing an offence refuses to give their
name to a Police Officer when asked to do so, the Police Officer may arrest and detain that
individual in order to identify them. The name & number of the Police Officer must be noted".
Are you aware that this statement has no legal foundation whatsoever?
Did the BBC seek or obtain any legal advice on this statement?
Please provide a copy.
Are you aware that police officers only have powers to demand name and address when they have
grounds to believe an offence of interest to the police has been, is being , or is about to be
committed but that they have no powers or duties to demand name and address or to arrest
suspects in respect to alleged TV licence evasion?
When wil the training manual be updated to remove instructions to Capita/TVL employees to incite
police officers to attempt to obtain information under oppression, commit acts of misconduct and
breaches of the DPA?”
Please note that “TV Licensing” is a trade mark used by companies contracted by the BBC to administer
the collection of television licence fees and enforcement of the television licensing system. The majority of
the administration of TV Licensing is contracted to Capita Business Services Ltd (‘Capita’). Over-the-counter
services are provided by PayPoint plc (‘PayPoint’) in the UK, and by the Post Office in the Isle of Man and
Channel Islands. Target Group (‘Target’) is the supplier for the Simple Payment Plan trial. Marketing and
printing services are contracted to Proximity London Ltd. Media services are contracted to Media Planning
Limited trading as Havas Media UK. The BBC is a public authority in respect of its television licensing
functions and retains overall responsibility.
Please be advised that the Act gives a general right of access to all types of recorded information held by
public authorities; and we are not required to create new information to respond to a request, or give a
judgement or opinion that is not already recorded. As your email comprises a series of queries, as opposed
to requests for recorded information, they fal outside the scope of the Act.
I am mindful of our duty to advise and assist you under section 16 of the Act, and can tel you outside the
scope of the Act that any legal advice obtained in respect of TV Licensing’s enforcement activities is
considered to be privileged.
As outlined on the TV Licensing website a
t http://www.tvlicensing.co.uk/about/foi-administering-the-
licence-fee-AB20, enquiry officers must abide by strict rules of conduct and TV Licensing uses various
measures to ensure that officers are undertaking their responsibilities appropriately. Any complaints made
about enquiry officers’ conduct are investigated thoroughly and appropriate action taken.
Moreover, please also note that enquiry officers are not the police and do not have police powers. They
have regard to the PACE Codes of Practice or Scottish criminal law (depending on where the address is)
when questioning people. This information is readily available on the TV Licensing web-link provided above.
Appeal Rights
If you are not satisfied that the BBC has complied with the Act in responding to your request you have the
right to an internal review by a BBC senior manager or legal adviser. Please contact us at the address above,
explaining what you would like us to review under the Act and including your reference number. If you are
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not satisfied with the internal review, you can appeal to the Information Commissioner. The contact details
are: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF. Tel: 0303 123
1113 or see
https://ico.org.uk/
Kind regards
Rupinder Panesar
Freedom of Information Advisor, TV Licensing Management Team
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