Decision Maker: Community Policy Development Group, Cabinet
Decision status: Implemented
Is Key decision?: Yes
Is subject to call in?: Yes
To receive the annual update of Regulation of
The Cabinet had before it a *report of the Head of Legal (Monitoring Officer), the Community Policy Development Group at its meeting on 23 March 2021 had made the following recommendations:
a) The revised Regulation of Investigatory Powers Act (RIPA) policy be adopted; and
b) Delegated authority be given to the Head of Legal Services (Monitoring Officer) to review the designation of the Co-ordinating Officer within the RIPA policy and to make such changes to that designation as she considers appropriate
The Cabinet Member for Community Well-Being outlined the contents of the report stating that the Council had not used its RIPA surveillance powers in the last 12 months and that the last time those powers had been used was in 2014. In 2018 the IPCO had conducted its 3 yearly review/inspection of the Council and had been pleased with the level of compliance shown. Refresher training was commissioned in late 2018 for key Council officers involved in RIPA, particularly at approval/authorisation level. He explained that the Senior Responsible officer was the Monitoring Officer and that this would not change, the SRO would review the designation of the co-ordinating officer as a solicitor as there may be a case that this post sit elsewhere within the establishment.
Consideration was given to:
· The lack of hardware available should the authority wish to carry out surveillance
· Whether the District officers should be better equipped to carry out surveillance – the meeting was reminded that there were a number of areas that the authority engaged with through the courts where they were not allowed to use RIPA powers and that there were different levels at which RIPA applied.
RESOLVED that the recommendation of the Policy Development Group be approved.
(Proposed by Cllr D J Knowles and seconded by Cllr B A Moore)
Reason for the decision – Statutory guidance requires the Council to review the RIPA and the RIPA policy annually.
Note: *Report previously circulated and attached to the minutes.
Report author: Kathryn Tebbey
Publication date: 13/04/2021
Date of decision: 08/04/2021
Decided at meeting: 08/04/2021 - Cabinet
Effective from: 17/04/2021