Agenda item

Report of the Monitoring Officer

The Deputy Monitoring Officer presented the Regulation of Investigatory Powers Act 2000 (RIPA) Review report and advised that the Investigatory Powers Commissioner’s Office required that councillors were updated annually on the Council’s use of powers under RIPA to ensure compliance with legislation.

The Deputy Monitoring Officer explained that local authorities had the power to authorise directed surveillance, which usually comprised of covert cameras or covert observations by Officers, and the use of Covert Human Intelligence Sources (CHIS), and that authorisation for this should only be granted if it was considered necessary for the prevention and detection of crime or preventing disorder, and, if the surveillance was proportionate to the aims it sought to achieve. She noted that authorisation must also have judicial approval from a Justice of the Peace

In relation to authorisations under RIPA, the Deputy Monitoring Officer said that these could only be given by the Council’s Authorising Officers, who were the Chief Executive, the Director for Neighbourhoods and the Head of Service for Public Protection.

The Deputy Monitoring Officer advised that in line with the Council’s RIPA policy, Councillors were required to consider and review the Council’s use of RIPA powers and its policy and guidance at least once a year and that each year the Senior Responsible Officer (SRO) undertook an audit of RIPA usage. She confirmed that there had been no authorisations given for directed surveillance or for the use of CHIS since the last report.

In relation to training, the Deputy Monitoring Officer informed the Group that this was available to relevant Officers on a regular basis and was delivered via an online module and that the Council maintained a list of everyone who have completed the training. She confirmed that all of the Authorising Officers had undertaken training in respect of the authorisation process and criteria to consider.

In relation to auditing, the Deputy Monitoring Officer said that the IPCO carried out an inspection of the Council’s records every three years, including interviewing Officers to ensure that there was compliance with the appropriate legislation. She noted that the last inspection was undertaken in 2023 and that the Council’s RIPA policy had been updated in line with recommendations. The next inspection was due in 2026.

The Deputy Monitoring Officer noted that the SRO review of the policy in 2024 had taken account of the Covert Surveillance Code of Practice and that she had subsequently undertaken the annual review of the Council’s RIPA policy and confirmed that no material updates were required. She referred the Group to the current version of the policy attached at Appendix 1.

Councillor Wells asked when the Council had last used surveillance and the Deputy Monitoring Officer said that she would confirm whether it had ever been used.

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)    Acknowledged the Senior Responsible Officer’s annual review of the Council’s RIPA Policy, attached at Appendix 1 to this report.