Agenda item

Michelle Scales, Service Manager, Litigation and Practice, to present

Michelle Scales, Service Manager, Litigation and Practice, presented an update on the Council’s use of surveillance and acquisition of communication data powers under the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016 (IPA).

Since the last report, the Council had not used its powers under RIPA to use directed (covert) surveillance, covert human intelligence sources and informants or to acquire communications data.  The annual statistical return was completed and sent to the Investigatory Powers Commissioners Office on 5^th January, 2026.

External training was provided to all officers who were likely to be involved in the use of the powers provided under the RIPA legislation on 21st October, 2025, 13^th January and 11^th February, 2026.  To ensure that training was up-to-date and new staff joining were aware of their roles, further training sessions would be arranged for 2026.  The purpose of this was to further reduce any potential risk arising from any unauthorised activity.

The revised Home Office Codes of Practice advised that the elected members of a local authority should review the authority’s use of RIPA and set the Policy at least once a year and consider internal reports on the use of RIPA on a regular basis to ensure that it was being used consistently with the local authority’s policy and that the policy remained fit for purpose.

On 8^th December 2025, the Council received notification from the IPCO regarding its mandatory inspection.  The Council provided the information requested on 14^th January, 2026, with a meeting then taking place with the Inspector from the IPCO.

On 27^th January, 2026, the Council received notification that the IPCO was satisfied with regard to the Council’s ongoing compliance with RIPA 2000 and the Investigatory Powers Act 2016.

The RIPA Policy was reviewed by the Audit Committee at its meeting on 29^th July, 2025 (Minute No. 21 refers) and was re-adopted with some minor amendments to provide clarity and the use of accurate terminology when referencing guidance documents.  The RIPA Policy had been reviewed and, as there had been no changes to guidance or Codes of Practice, did not require significant amendment.

Discussion ensued with the following issues raised/clarified:-

-        Requests for the use of RIPA were submitted to Legal Services and reviewed in accordance with the Policy, Legislation and Code of Practice and the powers utilised if deemed appropriate. However, it was seen as a last resort and other means of gathering evidence should be used.  There was a lot to consider in terms of the impact on Human Rights etc.

-        There was a distinct difference between covert and overt surveillance.  RIPA covered covert surveillance only, looking at targeted surveillance which met the particular criteria under the Legislation.  Overt surveillance e.g. cameras which would catch people flytipping did not fall under RIPA and was governed by other Legislation and Codes of Practice

-        Any decisions on the provision of overt cameras in areas that were experiencing particular problems/increase in the number of cameras was an issue for the respective Service

Resolved:- (1)  That the Audit Committee note that the Council had not made use of surveillance or acquisition of communication data powers under the relevant legislation. 

(2)  That the findings of the inspection by the IPCO and that the next inspection would take place in 2029 be noted.

(3)  That the RIPA Policy with the minor amendments made to provide clarity and use of accurate terminology when referencing the relevant guidance documents be approved.