Agenda item

To receive a report from the Director of Legal, People and Governance (Monitoring Officer) providing an update to Cabinet Members on the Regulation of Investigatory Powers Act (RIPA).

The Cabinet had before it a report * from the Director of Legal, People and Governance (Monitoring Offer) providing an update to Cabinet Members on the Regulation of Investigatory Powers Act (RIPA).

RESOLVED that:

a)    The Council’s policy for ensuring compliance with Regulation of Investigatory Powers Act 2000 (RIPA) was appropriate and shall remain as currently drafted;

b)    That the Council had not used its powers under RIPA since March 2014 be NOTED.

As recommended by the Community, People and Equality PDG.

Note: * Report previously circulated.

The Cabinet had before it a report * from the Director of Legal, People and Governance (Monitoring Offer) providing an update to Cabinet Members on the Regulation of Investigatory Powers Act (RIPA).

The Cabinet Member for Quality of Living, Equalities and Public Health outlined the contents of the report with particular reference to the following:

• The Regulation of Investigatory Powers Act 2000 (RIPA) was one such law that permitted interference – it detailed ways in which public bodies could lawfully carry out investigations when there was a wish to use surveillance techniques. It enabled:

Ø  Directed surveillance (covert surveillance of individuals outside of residential premises and vehicles);

Ø  Covert Human Intelligence Sources (CHIS) (such as the deployment of undercover officers); and

Ø  The acquisition and disclosure of communications data (such as telephone billing information or subscriber details).

• The powers were only ever used if the Council had 1- obtained approval from the Magistrate's Court, and 2- that it was only for offences where the sentence would attract six months or more or related to the underage sale of alcohol or tobacco.
• In August 2024, the Investigatory Powers Commissioner’s Office (IPCO) conducted its three-year review/inspection of the Council. The inspector appointed by the IPCO conducted a “remote” inspection. This was reported to the Community, People and Equalities PDG in December 2024, where it had recommended no amendments to the policy.
• On 24 February 2025, the Council arranged RIPA training for officers, and in particular for front-line practitioners. The training was provided by an experienced external trainer in RIPA and was well attended. The training included social media surveillance, and this has been cascaded down to their teams. Training was appropriate to avoid inadvertently carrying out directed or other form of covert surveillance in breach of the procedures in place.
• The powers available to the Council had not been used since 2014.
• Investigatory Powers Commissioner's Office (IPCO), who were the Council auditors required this policy to be presented annually.

Discussion took place with regards to:

• Whether parking enforcement officers used body cameras, whether this counted as direct surveillance and fell within these powers? It was explained that the parking enforcement formed part of the Council’s CCTV arrangements, which included body?worn cameras and was covered by the existing CCTV policy.
• Direct surveillance required targeted monitoring of specific individuals that were carrying out their normal duties. For that reason, RIPA powers had not been used.
• The RIPA training for officers was electronic and not training in covert surveillance. It was confirmed that no officers had been training in covert surveillance.
• As the powers of RIPA had not been used since 2014 and given the recent training that had taken place, would there be regular training for officers even though the powers had not been used. It was explained that regular training had been a requirement. Much of the training had focused on ensuring officers understood the correct procedures, with the first step always involving liaison with Legal Services to ensure compliance.

RESOLVED that:

a)    The Council’s policy for ensuring compliance with Regulation of Investigatory Powers Act 2000 (RIPA) was appropriate and shall remain as currently drafted;

b)    That the Council had not used its powers under RIPA since March 2014 be NOTED.

As recommended by the Community, People and Equality PDG.

(Proposed by the Deputy Leader)

Reason for decision:

The use of Regulation of Investigatory Powers Act 2000 (RIPA) powers was heavily regulated and scrutinised by the Investigatory Powers Commissioner’s Office (“IPCO”). The legislation, combined with Codes of Conduct, sets the framework for the use of RIPA powers. Statutory guidance required the Council to review the use of RIPA and the RIPA policy annually.

Note: * Report previously circulated.