TV Licensing Home Search process
Dear British Broadcasting Corporation,
In previous communications, it has been stated that the BBC seeks to search unlicensed homes with the objective of resolving the question as to whether licence evasion is taking place. The suggestion is that this is done solely with the consent of the householder, and that such consent is legally required to prevent the search being unlawful.
In this request, I shall refer to the BBC's operations under the TV Licensing trademark as "TVL".
Please can you therefore provide:-
1. Confirmation that the summary above is consistent with the BBC's position.
2. By reference to legislation, case law and/or BBC policy, the "conceptual form" that the consent takes/is required to take. ie. whether it is formal, informed, written consent; or it is casual "whatever works" agreement; or something between those extremes.
3. By reference to BBC policy and "TVL" training documentation, the "form of words" or script that "TVL" staff are asked to use to obtain consent (if any), and whether such form of words is mandatory.
4. By reference to BBC policy and/or "TVL" training documentation, an explanation of the process used to determine whether the person in dialog with "TVL" staff is suitably authorised/empowered to provide consent to search the premises concerned.
5. Any information that is provided to the householder to support them in understanding the meaning of consent, and in reaching an informed decision. A list of the languages that such information is readily available within.
6. An explanation (by reference to BBC policy) as to the consequences of a citizen denying consent to search their premises.
7. Confirmation as to which, if any, of these consequences are shared with the householder prior to them considering the question of consent.
8. An explanation of any monitoring/compliance management activity undertaken by the BBC in respect of consent to search. And any data pertaining to such compliance monitoring.
9. By reference to any BBC Policy documentation, e-mails and/or discussion papers, any examination that the BBC has undertaken to assess its process for "consent to search" against the standards set by the [Human Rights Act, Article 8], [PACE Code B, Section 5] and/or related case law.
Yours faithfully,
Mark on behalf of licencefree.co.uk
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 15th August, 2011. 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 RFI20111018.
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
Dear Mark
Please find attached a letter in response to your request for information,
reference RFI20111018. We have responded to the majority of your
questions; however, I'm afraid there is one question for which we are
still finalising the response. We aim to send the response to that
question by Tuesday 27th September.
<<RFI20111018 - partial response.pdf>> <<RFI20111018 - disclosure document
- Visiting Procedures Manual.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/
Dear Mark
I write to apologise that we have still not completed the response to your
final question; we anticipate that we will be able to send it by this
Friday, 30th September.
Please accept my apologies for this further delay.
Yours sincerely
Rachel Hallett
BBC Information Policy and Compliance
Room 2252, 2nd Floor, 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/
Dear Mark
Please find attached the answer to your remaining question. Please accept
our apology for the delay in providing this response to you.
<<RFI20111018 - final response.pdf>>
Yours sincerely
Rachel Hallett
BBC Information Policy and Compliance
Room 2252, 2nd Floor, 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/
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