FOI Reference: FOI/2022/3994
You asked
I'm trying to get some information about your agents who go door to door helping people to fill out the census if the person hasn't already filled one out.
I am wondering if they have to adhere to the trespass laws. for example, if an agent visits a property and while they are there the homeowner/ tenant asked them to leave and not return and trespasses them from the property and revokes their implied rights of access are the agents legally allowed to return onto that property a second time or would this be considered aggravated trespass?
Do your agents have to follow trespass laws or are they exempt from trespass laws for some reason?
We said
Thank you for your request.
Information about how ONS undertook the 2021 Census, including our field operations can be found on our website.
All field staff employed on the census received training bespoke to their relevant role. This included appropriate behaviours, assisting members of the public completing their census form and updating records with responses. There was also specific Health & Safety training relating to Covid appropriate behaviour. Field staff had to successfully complete their training before being able to undertake visits. To complete the Census, households were required to complete sections of the Census Form relating to the household and individuals, a completed responses was recorded when all appropriate sections were completed, and field officers continued to follow up addresses until all aspects of the Census form had been completed.
In relation to your query about 'trespass laws', in the UK trespass is a civil, not criminal, matter. Since there are no trespass laws, we do not hold any information that would answer this part of your request.
You also mention 'aggravated trespass'. This is a criminal offence under UK law (see section 68 of the Criminal Justice and Public Order Act 1994) and can be broadly defined as 'entering somebody else's land with the intention of obstructing, disrupting or intimidating others from carrying out lawful activities. However, since the sole purpose of the census field force was to assist householders in fulfilling their legal obligation (as set out in the Census Act 1920, Census (England and Wales) Order 2020 and Census (England) Regulations 2020) to complete the 2021 Census, this would not apply here and again, we hold no further information.
You may also be interested to know that section 16 of the Census (England) Regulations 2020 sets out in law the process which ONS must follow in relation to households where no return has been received, including (section 2) making enquiries at relevant addresses and (section 3) encouraging a questionnaire to be completed.