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Concessionary TV Licence
We have completed an application form for Accommodation for Residential Care (ARC) licences for 67 retirees. TV Licensing has said we do not comply with the requirements as we have 2 guest suites. They have pointed to sections in the Communications (Television Licencing ) Regulations 2004 which refer to "dwellings". We have pointed out that our guest suites are not dwellings, they are simply a bedroom with an on-suite bathroom and their own front door. They insist these are dwellings.Has anyone any comments they can make on this please?
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Hi SUBSCRIBER
Welcome to LB
Make a formal complaint, explain with further details that the so called 'Dwellings' are part of the ARC and not independent 'Dwellings' as they 'perceive' them to be. You could ask them to conduct a 'visit' or send pictures etc.
https://www.tvlicensing.co.uk/about/...-complaint-AB7
Once you get a decision, if you aren't happy with it, 'escalate' it to the Ombudsman.
Dispute Resolution Ombudsman
Premier House
1-5 Argyle Way
Stevenage
Herts
SG1 2AD
www.disputeresolutionombudsman.org
0333 241 3209
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Thank you so much for your advice, especially about the Ombudsman which I didn't know existed!
Just for clarification, we pay a full licence for the TV in our gust suite. What did you mean when you say "so called 'Dwellings' are part of the ARC and not independent 'Dwellings' as they 'perceive' them to be? We have not claimed for the Guest Suites and assumed we would continue paying for a full licence in them?Comment
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They are situated in the care home, so maybe they should be covered as well.Originally posted by Subscriber View PostComment
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Today I have received a decision from the dispute resolution ombudsman to my complaint that the BBC are calling our two en suite bedrooms "dwellings" and as such we do not comply with the criteria required for our pensioner residents to receive a concessionary licence. The ombudsman states that they are not the correct body to decide what the legal definition of a dwelling is. So they have dismissed our case!
So no where else to go without it costing us legally, and as the BBC are fully aware, pensioner scannot afford to do that.Comment
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An update: We have now contacted TV Licensing, the BBC, the Dispute Ombudsman, the MP, the Department of Culture, Media and Sport, and no one will tell us the definition of the word "dwelling". So we sent an FOI request to the BBC asking them for the definition. They will not tell us. The BBC's formal response withheld the information sought on the definition of "dwelling"The reason was Section 42 of the FOI Act (Legal Professional Privilege or LPP) The BBC confirmed that the material constituted confidential communications between BBC lawyers and their clients As Section 42 is a qualified exemption, the BBC argued that the general public interest inherent in LPP is "very weighty," as it safeguards openness in communications between client and lawyer. They concluded that the public interest factors in favour of disclosure were not strong enough to outweigh the importance of protecting client-lawyer confidentiality.. So an application for the ARC TV can be rejected without the BBC explaining why.Comment
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So, an appeal to the ICO?
Because this has a potentially wider implication than just your care home you might be able to get pro bono interest from lawyers in this field.All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.Comment
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I have just read this thread from the beginning. The starting point has to be the legislation. That will set out the circumstances in which the charges can be made, and any exemptions.
The attempt to see legal advice, which is clearly privileged, is doomed to failure.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Guides and handbooks for Litigants in Person - :
https://legalbeagles.info/forums/for...60#post1701560Comment
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