Previous Reference:           Minute 10 (2019/20)

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

·         The number of authorised and approved covert surveillance operations undertaken by the Councils investigative officers for the periods 1^st July 2019 to 30^th September 2019 and 1^st October 2019 to 31^st December 2019.

·         The Council arrangements for the use of its CCTV equipment by the Police or Department of Work and Pensions (DWP). The use of the Councils CCTV equipment must be lawfully authorised.

·         The Councils use of covert surveillance in order to prevent or detect crime and the authorised use of its CCTV equipment e.g. by officers of the Police or Department of Work and Pensions (DWP) can only be authorised as a last resort and where it is necessary and proportionate to do so.

Recommended-

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

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

                                                (Richard Winter – 01274 434292)

Previous Reference:           Minute 10 (2019/20)

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

·         The number of authorised and approved covert surveillance operations undertaken by the Councils investigative officers for the periods 1^st July 2019 to 30^th September 2019 and 1^st October 2019 to 31^st December 2019.

·         The Council arrangements for the use of its CCTV equipment by the Police or Department of Work and Pensions (DWP). The use of the Councils CCTV equipment must be lawfully authorised.

·         The Councils use of covert surveillance in order to prevent or detect crime and the authorised use of its CCTV equipment e.g. by officers of the Police or Department of Work and Pensions (DWP) could only be authorised as a last resort and where it was necessary and proportionate to do so.

It was reported that the returns for Quarter 3 (1 July 2019 to 30 September 2019) and Quarter 4 (1 October 2019 to 31 December 2019) were set out at paragraph 2.4 of the report. A nil return was shown for all relevant departments which indicated that the enforcement services investigators were able to obtain evidence without the need for covert surveillance. Where not applicable appeared the criminal offences investigated by the service did not fall within the definition of serious criminal offence under RIPA 2000 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.

Members were informed 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 Department for Work and Pensions when they provided evidence to the Council’s CCTV manager that the use was necessary and proportionate to detect or prevent crime.    Paragraph 2.5 showed the use of the Council’s CCTV system for covert surveillance by the Police and DWP for Quarters 3 and 4.

It was reported that no covert surveillance had been used by the Council in the last five years, other means of overt surveillance were used to obtain the evidence required and that covert surveillance would only be used as a last resort.

Members were informed that arrangements had now been made for a 2019/20 annual training update to be presented to relevant Council officers which would  take place on 20^th February 2020.

It was reported that all local authorities were required to report back to the Office of the surveillance commissioner annually on the level of use of covert surveillance which would be undertaken by the Councils RIPA Coordinator.

In response to a Members question it was reported that it was up to an enforcement department to decide whether an application for covert surveillance was needed and whether it was necessary and proportionate and where there was no other way of obtaining the evidence required but this must be authorised by the City Solicitor and approved by the Magistrates Court.

Members were informed that if there was a sign saying cameras were being used then that was not classed as covert surveillance.  Monitoring fly tipping hotspots could be undertaken without the need for RIPA authorisation and approval.

Resolved-

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

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

Action:           City Solicitor