Agenda item

The Governance and Information Manager was in attendance to provide the Annual Update on the Regulation of Investigatory Powers (RIPA).

RIPA was the law governing the use of surveillance techniques by public authorities, including local authorities. RIPA required that when public authorities needed to use covert techniques to obtain private information about someone, they only should do so if surveillance was necessary, proportionate, and compatible with human rights. Typically, this related to suspected criminal activity that was likely to result in a custodial sentence of six months or more. Middlesbrough Council would not undertake any activity defined with RIPA without prior authorisation in the legally prescribed form.

The Senior Responsible Officer (SRO) had overall responsibility for overt and covert surveillance, including:

•         creation, communication and review of this policy;

•         appointing the CCTV Single Point of Contact;

•         appointing the Coordinating Officer (Auditor) for covert surveillance;

•         ensuring the availability of appropriate authorisers for covert surveillance;

•         raising corporate awareness of the policy and proper surveillance practices;

•         assessing corporate compliance with this policy;

•         providing professional guidance on all matters relating to surveillance;

•         engagement with the Surveillance Camera Commissioner and the IPCO;

•         and overseeing the implementation of any post-inspection action plans recommended or approved by the IPCO.

Directors and Heads of Service had a general responsibility to ensure compliance with operations as detailed in the Surveillance Policy, this included taking reasonable steps to protect health & safety including any necessary risk assessments. There were a number of key roles in the process of approving and monitoring applications for both overt and covert surveillance. Depending on whether the surveillance was ‘overt’ or ‘covert’ would depend on the level of authorisation.

There were several key roles involved in the approval and oversight of both overt and covert surveillance activities. The level of authorisation required depended on the type of surveillance being undertaken. The presentation outlined these roles, which included the CCTV Single Point of Contact (SPoC), the Co-ordinating Officer (Auditor), Authorising Officers, and the Designated Person.

The Investigatory Powers Commissioner’s Office (IPCO) was overseen by the Investigatory Powers Commissioner (Sir Brian Leveson) and created under the IPA to provide independent oversight and authorisation of the use of investigatory powers by intelligence agencies, police forces and other public authorities. It was agreed with the IPCO following their last inspection in 2020 that we continued to maintain an overarching Surveillance Policy which covered CCTV and RIPA. The IPCO conducted risk-based reviews of the application of RIPA powers. The Council completed submission of its compliance in January 2026.

An annual Surveillance Report and Policy were produced to report on the surveillance activity of the Council ensuring that it complied with its strategic priorities and statutory obligations, that they were lawful and that due regard to human rights and to data protection was given. The Council always looked to methods to gather information that did not require covert surveillance to be undertaken, in order to minimise the use of surveillance powers. This meant that activity remained low.

A Member queried whether CCTV could be used to catch and prosecute commercial fly-tippers, an issue that was prevalent in some areas of the town and discussion ensued about the strict thresholds and legal frameworks that local authorities must adhere to. Members requested a list of the key thresholds/requirements that must be met to authorise the use of covert surveillance.

AGREED as follows that:

1.      The information provided was received and noted.

2.      A list of the key thresholds/requirements that must be met to authorise local authority use of covert surveillance be circulated to Members.