Previous Reference:           Minute 10 (2018/19)

The City Solicitor will submit Document “Z” which provides information relating to:

·         The number of authorised and approved covert surveillance operations by the Council for the periods 1^st July 2018 to 30^th September 2018 and 1^st October 2018 to 31^st December 2018.

·         The Councils uses of covert surveillance by its own officers or the use of its CCTV equipment by the Police and Department of Work and Pensions (DWP).

The report highlights that all covert surveillance must be lawfully authorised by the Councils authorising officers namely the Chief Executive and the City Solicitor and their nominated deputies and approved by the Court under RIPA.

Recommended-

(1)     That the contents of the report be noted.

(2)     That the Councils continued compliance with RIPA be noted.

(3)     That the Councils Senior Responsible officer and RIPA Coordinator and Monitoring officer at least annually provide reminders to all Strategic Directors to raise awareness of the need to be vigilant within their services that if covert surveillance is carried out, it must be authorised and approved and in any event all endeavours are made to undertake criminal investigations overtly and within Council policy.

                                                            (Richard Winter – 01274 434292)

Previous Reference:           Minute 10 (2018/19)

The City Solicitor submitted Document “Z” which provided information relating to:

·         The number of authorised and approved covert surveillance operations by the Council for the periods 1^st July 2018 to 30^th September 2018 and 1^st October 2018 to 31^st December 2018.

·         The Council’s uses of covert surveillance by its own officers or the use of its CCTV equipment by the Police and Department of Work and Pensions (DWP).

The report highlighted that all covert surveillance must be lawfully authorised by the Councils authorising officers namely the Chief Executive and the City Solicitor and their nominated deputies and approved by the Court under RIPA.

The RIPA Co-ordinator reported that the Councils departments which had specific statutory powers to investigate criminal offences were tabled at 2.1 of Document “Z”.

It was reported that the Council’s Departments which investigated breaches of employee discipline which may result in the detection of serious criminal offences were detailed at 2.2 of Document “Z”.

Members were informed that the returns for Quarter 3 (1^st July 2018 to 30^th September 2018) and Quarter 4 (1^st October 2018 to 31^st December 2018) were set out in the table on page 3 of the report. A nil return was shown for all relevant departments which indicated that the enforcement services investigators were able to obtain evidence overtly without the need for covert surveillance. Where not applicable appeared (N/A) the criminal offences investigated by the service did not fall within the definition of ‘serious criminal offence’ under RIPA namely carrying a penalty of more than six months imprisonment and thus covert surveillance of such none serious crimes could not be authorised under RIPA.

It was reported that the Council owned a substantial CCTV system which assisted in the prevention and detection of crime within the City Centre and was occasionally used by the Police or DWP (Department for Work and Pensions).

Members were informed that an annual training update on RIPA was presented to relevant Council officers in November 2018. This training was also offered to all officers across the 5 West Yorkshire authorities and more than 70 delegates attended. The feedback from the delegates was that the training was a very useful update.

It was reported that training for 2019/20 would also be arranged following the internal audit by the Council’s  Senior Responsible Officer and the RIPA Coordinator and Monitoring Officer.

In response to a Member’s question it was reported that if the Police required urgent access to the CCTV system then there was an urgent authorisation process which was followed.

It was reported that CCTV being used by schools needed to be signposted but Members felt that not all schools were aware that notices needed to be put up.

In response to a Members question as to whether covert investigations may be resisted by Council enforcement officers due to the complex bureaucratic process, it was reported that this may be possible but that in any event covert surveillance was to be used as a last resort for serious crime.

The Chair emphasised that the use of covert techniques was a matter for the enforcement departments and the committee was enquiring into the technical compliance with RIPA by the Council.

Members were informed that officers continued to raise awareness on the proper use of RIPA through training programmes.

Resolved-

(1)     That the contents of the report be noted.

(2)     That the Council’s continued compliance with RIPA be noted.

(3)     That the Council’s Senior Responsible officer and RIPA Coordinator and Monitoring officer at least annually provide reminders to all Strategic Directors to raise awareness of the need to be vigilant within their services that if covert surveillance is carried out, it must be authorised and approved and in any event all endeavours are made to undertake criminal investigations overtly and within Council policy.

Action:           City Solicitor