HOUSING AND COMMUNITY COHESION

POLICY ADVISORY COMMITTEE

10 September 2024

 

Revisions to the Covert Surveillance and Access to Communications Data Policy and Guidance Notes

 

Timetable

Meeting

Date

CLT

20 August 2024

Housing and Community Cohesion PAC

10 September 2024

Lead Member on the Executive for Community Cohesion and Safety

Cllr David Naghi

 

 

Will this be a Key Decision?

 

No

 

Urgency

Not Applicable

Final Decision-Maker

Lead Member on the Executive for Community Cohesion and Safety

Lead Head of Service

Claudette Valmond – Head of Legal Services

Lead Officer and Report Author

Gary Rowland – Senior Legal Advisor and RIPA Co-ordinating Officer

Classification

Public

Wards affected

All

 

Executive Summary

 

The Council’s Regulation of Investigatory Powers Act 2000 (‘RIPA’) Co-ordinating Officer is required to review and revise the Council’s Covert Surveillance Policy (‘the Policy’), where necessary, every year. to the 2024/25 Policy. There are no suggested revisions to the Policy for 2024/25.

 

This report seeks approval to roll the current Policy over for a further year. The 2023/24 Policy is set out at Appendix 1.

 

 

 

 

 

Purpose of Report

 

Recommendation to approve.

 

 

This report makes the following recommendations to the Committee:

1.   That the Committee recommend approval of the revisions by the Lead Member for Community Cohesion and Safety.

 

 



Revisions to the Covert Surveillance and Access to Communications Data Policy and Guidance Notes

 

1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

Issue

Implications

Sign-off

Impact on Corporate Priorities

We do not expect the recommendations will by themselves materially affect achievement of corporate priorities.  However, they support the Council’s overall achievement of its aims by updating the Council’s approach to RIPA as required by legislation and the Investigatory Powers Commissioner’s Office.

Senior Legal Advisor

Cross Cutting Objectives

The four cross-cutting objectives are:

 

  • Heritage is Respected
  • Health Inequalities are Addressed and Reduced
  • Deprivation and Social Mobility is Improved
  • Biodiversity and Environmental Sustainability is respected

 

The report recommendation(s) supports the overall achievement(s) of all the cross-cutting objectives by ensuring that the Council is complying with statutory requirements when undertaking investigations and surveillance.

 

Senior Legal Advisor

Risk Management

The risk implications are set out in section 4 of the report.

Senior Legal Advisor

Financial

The proposals set out in the recommendation are all within already approved budgetary headings and so need no new funding for implementation.

 

Head of Finance

Staffing

No additional staffing.

Senior Legal Advisor

Legal

Accepting the recommendations will fulfil the Council’s duties under Regulation of Investigatory Powers Act 2000 and meets the requirements of Investigatory Powers Commissioner’s Office.

 

Team Leader – Corporate Governance and Contentious MKLS

Information Governance

The recommendations do not impact personal information (as defined in UK GDPR and Data Protection Act 2018) the Council Processes.

Senior Information Governance Officer  

Equalities

The recommendations do not propose a change in service therefore will not require an equalities impact assessment.

 

Equalities & Communities Officer

Public Health

 

 

No implications.

Senior Legal Advisor

Crime and Disorder

Accepting the recommendations ensures that the Council complies with its obligations under RIPA, which are important in the Council’s role in controlling crime and disorder.

 

Senior Legal Advisor

Procurement

No implications.

Senior Legal Advisor

Biodiversity and Climate Change

No implications.

 

Senior Legal Advisor

 

 

2.      INTRODUCTION AND BACKGROUND

 

2.1        The RIPA Co-ordinating Officer is required to review and revise the Policy, where necessary, every year.

 

2.2        The Home Office Covert Surveillance and Property Interference Revised Code of Practice 2018 makes it a requirement that the authority’s elected members should review the authority’s Policy at least once a year.

 

There are no suggested revisions to the Policy for 2024/25 therefore, approval is sought to roll the current Policy over for a further year.

 

 

 

3.   AVAILABLE OPTIONS

 

3.1     Recommend approval of the 2024/25 Policy.

 

3.2     Do not recommend approval of the 2024/25 Policy.

 

3.3     The preferred option is to recommend approval of the 2024/25 Policy as the Council is required by the Regulation of Investigatory Powers Act 2000 and associated Codes of Practice to have a Policy in place. The content of the Policy is steered by the recommendations made by the Investigatory Powers Commissioner’s Office.

 

 

 

4.       RISK

4.1    Currently the risk implications are low as the Council has not authorised any activity under RIPA for some time.  However, there is risk of litigation and challenge if authorisations are incorrectly given in the future without proper understanding of the current requirements.  The actions recommended within this report will mitigate any such risks.

 

 

5.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

 

5.1     Once the suggested revisions have been approved, the revised Policy will be uploaded to the Council’s website and officers will be notified and reminded to familiarise themselves with the Policy.

 

 

6.        REPORT APPENDICES

 

The following documents are to be published with this report and form part of the report:

·         Appendix 1: 2023/24 Covert Surveillance and Access to Communications Data Policy and Guidance Notes.

 

 

7.        BACKGROUND PAPERS

 

N/A