Issue - meetings

Report of the Monitoring Officer and Head of Chief Executive’s Department

The Monitoring Officer and Head of Chief Executive’s Department presented the Regulation of Investigatory Powers Act 2000 (RIPA) Review report.

The Monitoring Officer and Head of Chief Executive’s Department explained that a local authority could only undertake directed surveillance where such activity had been authorised in accordance with RIPA, which covered covert cameras, covert observations and use of undercover officers conducting surveillance. She said that authorisation could only be granted where it was necessary for the prevention or detection of crime or preventing disorder and only then when a crime would receive at least a six month custodial sentence or for the selling of tobacco or alcohol to children, and that it must be proportionate. If authorised by the Council then judicial approval would also be required before any activity could take place.

The Monitoring Officer and Head of Chief Executive’s Department explained that only specified Officers could authorise activity, being the Chief Executive Officer and the relevant Director and Head of Service. She explained that she was the Senior Responsible Officer for overseeing the process, keeping records and ensuring the training was delivered to Officers and reviewing the Council’s policy.

The Group was informed that there had been no authorisations for directed surveillance by the Council in the period since the report was last brought to this Committee in November 2023, but that the Monitoring Officer and Head of Chief Executive’s Department was still required to review and bring the policy to Members for review on an annual basis. She noted that she had revised the policy slightly to update the code of practice, provide clarity on some of the definitions and the communications contact points.

Councillor Thomas asked for clarification around authorisations and the process for reporting of authorisations. The Monitoring Officer and Head of Chief Executive’s Department said that this was monitored both through the management of staff to ensure that they did not undertake work without appropriate authorisation and ensuring that relevant Officers undertook the required training, with a new training module being introduced at the beginning of October.

Councillor Thomas noted that the updates to the policy were not specified through track changes and the Monitoring Officer and Head of Chief Executive’s Department said that this was not done in part to keep the length of papers down. The chair suggested that changes could be highlighted to help identify them. 

It was RESOLVED that the Governance Scrutiny Group:

a)      Considered and noted the information contained within this report regarding the Council’s use of RIPA powers; and

b)      Endorsed the updates to the Council’s RIPA Policy at Appendix 1 to this report.