|
Title |
Update on the use of the Regulation of Investigatory Powers Act Policy (RIPA policy) |
|
Purpose of the report |
To inform the Audit Committee regarding the Council’s use of Directed Surveillance and Covert Human Intelligence Sources for 2024 |
|
Report Author |
Linda Heron, Interim Monitoring Officer |
|
Ward(s) Affected |
All Wards |
|
Exempt |
No |
|
Exemption Reason |
Not applicable |
|
Corporate Priority |
The use of surveillance powers supports all the Council’s corporate priorities |
|
Recommendations
|
Committee is asked to:
Acknowledge there has been no use of RIPA powers during the period 1 January – 31 December 2024
|
|
Reason for Recommendation |
To ensure transparency in respect of the Council’s use of its powers under RIPA. |
1. Summary of the report
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What is the situation |
Why we want to do something |
|
· The Regulation of Investigatory Powers Act (RIPA) came into force in 2000 and the Council is required to have a policy in place to demonstrate how these powers are utilised · The RIPA Policy was approved by Corporate Policy and Resources Committee on 27 November 2023 and the Committee resolved to: - adopt the RIPA Policy; and - delegate to the Group Head Corporate Governance to keep the Policy under regular review and update the Audit Committee on any updates to the Policy and use of the power thereunder |
· On 29 January 2024 this Committee was informed of the use of RIPA powers for the years 2020 to 2023 · This report provides information for the period 1 January – 31 December 2024 |
|
This is what we want to do about it |
These are the next steps |
|
· Carry out annual review of the Policy and the use of RIPA powers |
· Consider the information provided regarding the use of RIPA powers for the period 1 January – 31 December 2024 |
2. Key issues
2.1 RIPA regulates surveillance carried out by public authorities in the conduct of their business, specifically the monitoring, recording and interception of communications and the use of directed covert surveillance. The Act allowed:
· Councils to carry out covert surveillance of alleged offenders and to instruct individuals to form relationships with the intention of obtaining information for the prevention and detection of crime.
· Compliance with RIPA ensures that the surveillance actions taken by the Council are acceptable interference of qualified rights within the Human Rights Act 1998, in particular the right to privacy and the right to a fair trial, when gathering evidence in preparing cases for Court.
2.2 The Investigatory Powers Commissioner’s Office (IPCO) carries out scheduled audits of the use of RIPA by Local Authorities to monitor quality of applications and compliance with the Codes.
2.3 In addition, all authorisations for surveillance activities carried out by the Council under RIPA must be independently reviewed and approved by a Magistrates’ Court.
2.5 By law, elected members are not permitted to be involved in any individual application/authorisation, however paragraph 3.46 of the Covert Human Intelligence Sources Revised Code 2022 (‘the Code’) states that: ” Elected members of a local authority should review the authority’s use of Part II of the 2000 Act and set the policy at least once a year. They should also consider internal reports on use of the 2000 Act on a regular basis to ensure that it is being used consistently with the local authority’s policy and that the policy remains fit for purpose.”
2.6 Annual statistics on use of RIPA powers are reported to IPCO.
2.7 The Council’s RIPA Policy and related documents can be found on the intranet.
3. Options analysis and proposal
3.1 To ensure that the Council complies with the Code, we are required to update the Committee on the use of RIPA powers during the period 1 January – 31 December 2024.
3.2 Since the last report in January 2024 the Council has not authorised any directed surveillance:
|
Year |
Activity authorised |
Nature of investigation |
Total no. of authorisations in that year |
|
2024 |
None |
N/A |
None |
4. Financial implications
4.1 None arising from this report.
5. Risk considerations
5.1 There are no specific risks arising from this report, but it should be noted that the Council must ensure that it complies with the requirements of RIPA and the associated Codes of Practice. Failure to have the appropriate policies and procedures in place may lead to the Council not meeting its statutory obligations, exceeding its powers, and placing it at risk of complaints.
6. Procurement considerations
6.1 Not applicable.
7. Legal considerations
7.1 The legal considerations are covered in the main body of the report.
8. Other considerations
8.1 There are none.
9. Equality and Diversity
9.1 The RIPA Policy is accessible by all.
10. Sustainability/Climate Change Implications
10.1 There are none.
11. Timetable for implementation
The next update on the RIPA Policy to the Audit Committee will be in January 2026.
12. Contact
12.1 Linda Heron l.heron@spelthorne.gov.uk.
Background papers: None
Appendices: None