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House Entry

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harkatlisten | 15:53 Fri 11th Dec 2009 | Law
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Apart from the police, with a warrant, who can legally enter your property, without your permission and what document do they need? My mother in law has been threatened by Ofcom. Now she is worried sick.
Thank you anyone who knows.
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ofcom? arent they the ombudsmen?
sorry, meant to add

what are they wanting entry for?
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They are something to do with communications. (phones, videos, cable etc.)
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A neighbour has reported her because he is a "Ham" enthusiast and is getting interferrance. He has a device which shows where it is coming from. Ofcom called at her house to check this out and said he can enter anytime. We told her not to let him in.
HM Customs and Excise can also enter your Property.
i have no idea what HAM is?
has she called OFCOM up to see if the caller to her door was genuine?
Ham is a type of amateur radio, a bit like CB. They often use equipment that interferes with other radio equipment such as that used by the emergency services.
well if your mother in law is using equipment that is interferring in such a way i hope that they can gain entry to check. Im pretty sure they would be able to get a warrant if they suspect such a thing
thanks squarebear :)
It is probably in your mothers interest to let the "OFCOM" engineer visit her . The source of electrical interference may be a peice of electrical equipment breaking down or poor connection in her electrical wiring. They are there to help to limit nuisance electrical radiation . A Radio HAm is a amateur radio enthusiast who like to communicate with others of similar interests across the world . Nothing to do with CB radio. He has probably helped your mother in this case
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There are a surprisingly high number - at least 250 - of provisions granting power to enter homes and premises without permission. Many of these do not even require a warrant.

http://police.homeoff...wers-of-entry-review/

For example, the Broadcasting Act 1990 (amongst others) provides for persons authorised by OFCOM to enter premises (with a valid warrant) in specific circumstances but I cannot confirm under which Act the described situation would fall to establish power of entry.
I think I am right in saying that the only people who can enter your property without a warrant are H M Customs and Excise
I do not know why I bother including links with my replies, but anyhoo...

Of the 266 powers allowing officials to enter a private home as of right, over 100 DO NOT require a warrant.

http://www.jessenorma...ing-The-Threshold.pdf
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Oh yes they can, ahmskurnit. in certain circumstances. They can force an entry without a warrant or police presence.
I was once visited by the security people at BAE in Warton as my cordless house phone was interfering with their air traffic control systems,they were pcking up my telephone conversations on their headsets,all they did was change the frequency on my phone to a different one.
I say let the OFCOM folks in,she hasn't done anything wrong and they will just want to check her electrical devices.
For centuries Customs Officers have had power of entry under a Writ of Assistance (which once issued lasts for the lifetime of the reigning Monarch plus six months) without need of a Warrant. The only requirement for the presence of a Constable (still without a Warrant) is if the entry is made at night.
BTW HMRC was not "taken over" by the UK Border Agency - UKBA was launched in 2008, acquired full agency status in 2009 and works in partnership with HMRC (for its Port of Entry functions) and the Foreign & Commonwealth Office. The Customs Officers working on behalf of UKBA retain their wideranging powers of entry, search and detention.

HMRC was formed in 2005 as a merger of Inland Revenue and HM Customs and Excise Departments.
Planning Officers can enter without a warrant for Enforcement purposes, I know as I used to do it!

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