Covert surveillance

Council Procedures

Local Authorities powers to conduct covert surveillance come from the provisions of the Local Government Act 1972. The main restrictions on the use of those powers can be found in the Human Rights Act 1998, and in particular Article 8 of the European Convention on Human Rights (The right to respect for a person’s private and family life).

The Regulation of Investigatory Powers Act 2000 (RIPA) (as amended) regulates covert investigations by a number of bodies, including local authorities. It was introduced to ensure that individuals’ rights are protected whilst also ensuring that law enforcement and security agencies can still exercise the powers they need to do their job effectively.

Covert surveillance carried out for reasons other than the investigation of qualifying criminal offences falls outside the scope of RIPA. Such surveillance can still be lawful, but extra care is needed to ensure such surveillance does not breach an individual’s Human Rights.

Regard has been had to the Codes of Practice issued by the Home Office, in preparing these procedures.

All covert surveillance activity carried out by or on behalf of the Council MUST be authorised one of the properly trained Authorising Officers listed in Appendix 1 unless the activity has been lawfully authorised under another statutory provision and the Council’s Monitoring Officer has confirmed that no authorisation is therefore required in accordance with this procedure document.

Individual Investigating Officers and Authorising Officers should familiarise themselves with this procedure document and the Codes of Practice issued by the Home Office.

Deciding when an authorisation is required is a question of judgement. However, if an investigating officer is in any doubt, he/she should immediately seek legal advice. As a basic rule however, it is always safer to seek the appropriate authorisation.