Warks Police: Implied Right of Access - Removal

The request was refused by Warwickshire Police.

Dear Warwickshire Police,

I would like to you provide me with information you store on the subject of removal of implied rights of access.

Specifically:

1) What system is in place to log when an individual removes the implied right of access for staff/agents within your authority, to visit their property.

2) How many removal's of your implied right of access did the your authority receive in the following years (feel free to supply information for financial or calendar year as you see fit, but please ensure you specify the date range supplied):
a) 2013
b) 2014
c) 2015

3) Please supply a copy of your guidance for handling removal of implied rights of access.

4) If a "tenant"/"owner" of land/property removes your authority's implied right of access to said property, in what instances are your authority permitted to visit said property?

5) What legal / lawful processes would be required before your authority can visit a property to which your implied right of access has been removed?

Yours faithfully,

Wayne Pearsall

@ Freedom of Information, Warwickshire Police

Dear Mr. Pearsall

Thank you for your request below, received by Warwickshire Police on
February 1, 2016.

I would like to you provide me with information you store on the

     subject of removal of implied rights of access.

    

     Specifically:

    

     1) What system is in place to log when an individual removes the

     implied right of access for staff/agents within your authority, to

     visit their property.

    

     2) How many removal's of your implied right of access did the your

     authority receive in the following years (feel free to supply

     information for financial or calendar year as you see fit, but

     please ensure you specify the date range supplied):

     a) 2013

     b) 2014

     c) 2015

    

     3) Please supply a copy of your guidance for handling removal of

     implied rights of access.

    

     4) If a "tenant"/"owner" of land/property removes your authority's

     implied right of access to said property, in what instances are

     your authority permitted to visit said property?

    

     5) What legal / lawful processes would be required before your

     authority can visit a property to which your implied right of

     access has been removed?

    

Your request will now be considered in accordance with the Freedom of
Information Act 2000.  You will receive a response within the statutory
timescale of 20 working days as defined by the Act, subject to the
information not being exempt or containing a reference to a third party. 
In some circumstances we may be unable to achieve this deadline.  If this
is likely you will be informed and given a revised timescale at the
earliest opportunity.

In some cases there may be a fee payable for the retrieval, collation and
provision of the information you request.  If this is the case you will be
informed and the 20 working day timescale will be suspended until we
receive payment from you. If you choose not to make payment then your
request will remain unanswered. Some requests may also require either full
or partial transference to another public authority in order to answer
your query in the fullest possible way. Again, you will be informed if
this is the case.

Should you have any further enquiries concerning this matter, please do
not hesitate to contact this office.

Yours sincerely

 

Information Compliance
Warwickshire Police

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References

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2. Launches Warwickshire Police Website
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3. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
4. http://www.westmercia.police.uk/
http://www.westmercia.police.uk/
6. file:///tmp/www.warwickshire.police.uk/specialconstables
7. file:///tmp/www.westmercia.police.uk/specialconstables

@ Freedom of Information, Warwickshire Police

                Dear Mr Pearsall

 

FREEDOM OF INFORMATION REQUEST REFERENCE NO: FOI-2016-00136

 

I write in connection with your request for information dated 1 February
2016, received by Warwickshire Police on the same date, in which you seek
access to the following information:

 

1) What system is in place to log when an individual removes the implied
right of access for staff/agents within your authority, to visit their
property.

    

2) How many removal's of your implied right of access did your authority
receive in the following years (feel free to supply information for
financial or calendar year as you see fit, but please ensure you specify
the date range supplied):

    

a) 2013

b) 2014

c) 2015

 

3) Please supply a copy of your guidance for handling removal of implied
rights of access.

  

4) If a "tenant"/"owner" of land/property removes your authority's implied
right of access to said property, in what instances are your authority
permitted to visit said property?

  

5) What legal / lawful processes would be required before your authority
can visit a property to which your implied right of access has been
removed?

 

Following receipt of your request searches were made within Warwickshire
Police and I regret to advise you that I am unable to provide the
information requested as Section 12(2) of the Freedom of Information Act
2000 applies.

 

Section 12(2) states: Subsection (1) does not exempt the public authority
from it obligation to comply with paragraph (a) of section 1(1) unless the
estimated costs of complying with that paragraph alone would exceed the
appropriate limit.

 

In relation to Q2 of your request, it would be impossible to carry out
searches within the fees limit (£450/18 hours) to enable compliance with
section 1(1)(a) FOIA which states: Any person making a request for
information to a public authority is entitled - (a) to be informed in
writing by the public authority whether it holds information of the
description specified in the request

 

It would take an inordinate amount of effort to establish whether or not
Warwickshire Police holds any recorded information in relation to whether
any individual has contacted the Force to remove implied right of access. 
This would involve examination of all emails, telephone notes and
correspondence received during the stated period.  This would take us over
the Fees Limit (£450) which equates to 18 hours work at a standard rate of
£25 per hour, as stated in the Freedom of Information (Fees and
Appropriate Limit) Regulations 2004.  

 

This letter acts as a Refusal Notice for your request and if one part of a
request exceeds the fees limit then s12 of the Act applies to the whole
request.

 

In accordance with Section 16 of the Act I have a duty to provide advice
and assistance in relation to your request, however, due to the amount of
work required just to establish if we hold any information relevant to
your request, I am unable to suggest a way to pare down your request into
one that could be dealt with within the fees limit.

 

Although excess cost removes the Force’s obligation under the Freedom of
Information Act, as a gesture of goodwill, I have supplied information in
relation to remainder of your request and I trust you find this helpful;
however, this does not affect our legal right to rely on the fees
regulations for the remainder of your request.

 

Q1, Q3, Q4 & Q5 response: No specific recorded information held.

 

              Appeal Rights

            Your attention is drawn to the attached sheet, which details
your right of appeal.

 

Should you have any further enquiries concerning this matter, please do
not hesitate to    contact this office.

 

              Yours sincerely

                

 

               Rachel Mumford

               Information Compliance

 

 

WARWICKSHIRE POLICE FREEDOM OF INFORMATION APPEALS PROCEDURE

 

This appeals procedure is issued in accordance with paragraph 36 of the
Lord Chancellor’s Freedom of Information Access Code of Practice.

 

Appeal Notification

 

When a Freedom of Information (FOI) applicant, who has made a request for
information, is dissatisfied with the response received from Warwickshire
Police, the FOI  applicant should inform Warwickshire Police in writing
within 20 working days (this may be by email) of the reasons why the
response is deemed unsatisfactory.

 

Should a person who feels that Warwickshire Police is not complying with
its Publication Scheme, the person should inform Warwickshire Police in
writing (this may be by email) of the reasons for their dissatisfaction.

 

Action by Warwickshire Police

 

When a dissatisfaction report is received, the circumstances of the
dispute will be reviewed initially by the Decision Makers in the Freedom
of Information Office.

 

If the Decision Makers are unable to resolve the dispute with the FOI
applicant, the dispute will be referred to a Board comprising a Head of
Department and a Chief Officer. The Board will not have been involved in
the original decision making process to compile the response.

 

The Board will consider the dispute and will advise the FOI applicant of
their decision as soon as practicable, but within 20 working days.

 

Further Action by FOI Applicant

 

If the FOI applicant remains dissatisfied with the Warwickshire Police
response, they then have the option to refer the case to the Information
Commissioner.

 

 

 

Freedom of Information
Office                                                                 
October 2015

 

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Please visit [5]http://www.warwickshire.police.uk/ for more force news and
information.

Think - do you need to print this email?

View our new Warwickshire Police and West Mercia Police websites at:
[6]www.warwickshire.police.uk and [7]www.westmercia.police.uk

[8]Join the Special Constabulary and Make the Difference Make the
difference
For more information about becoming a Special Constable,
please visit,

Warwickshire Police: [9]www.warwickshire.police.uk/specialconstables
West Mercia Police: [10]www.westmercia.police.uk/specialconstables

References

Visible links
2. http://twitter.com/warkspolice
3. http://www.facebook.com/warwickshirepolice
4. Launches Warwickshire Police Website
http://www.warwickshire.police.uk/contac...
5. Launches Warwickshire Police Website
http://www.warwickshire.police.uk/
6. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
7. http://www.westmercia.police.uk/
http://www.westmercia.police.uk/
9. file:///tmp/www.warwickshire.police.uk/specialconstables
10. file:///tmp/www.westmercia.police.uk/specialconstables