The Head of Legal and Member Services reported that the Regulation of Investigatory Powers Act 2000 (RIPA), which governed how public bodies used surveillance methods, required a quarterly report on the use of covert surveillance.

He confirmed that there had been no use of such surveillance by the Council between 1 January 2014 and 1 March 2014.

Since the Protection of Freedoms Act 2012 came into force on 1 November 2012, there had been a steep decline in the use of covert surveillance, leading to less effective action being taken in response to anti-social behaviour and he indicated that persistent anti-social behaviour may now only be detected by the use of directed covert surveillance if it had the prior approval of a magistrate and if it consisted of criminal offences attracting a term of imprisonment of 6 months or more. Shouting, swearing, drunkenness, playing loud music, banging on walls and doors, and intimidating behaviour was no longer capable of being detected by covert surveillance unless they amounted to acts of harassment targeted at a particular individual which may then amount to an offence under the Protection from Harassment Act 1997.

He reported also that following a strategic service review of Community Safety (including anti-social behaviour) an assessment would be undertaken of all current cases managed by the Anti-Social Behaviour Team to determine whether an application for authorisation of covert surveillance could be made, having regard to the statutory components of the offence of harassment. It was intended that an application would be made in due course for magistrate approval of covert surveillance where there was strong evidence of behaviour which met the definition of the criminal offence of harassment. Depending upon the outcome, this could be a prelude to a more robust use of covert surveillance to tackle serious anti-social behaviour. A Member commented that offences of harassment were also covered by the Public Order Act.

He reported also upon and provided a summary of the Government’s proposals to amend its Code of Practice on covert surveillance. He indicated that although most of the proposals had been anticipated by the Council’s Policy and Procedure Document, which was adopted on 18 September 2013 a number of minor changes were suggested.

Resolved –

(1)  That the report on the use of covert surveillance and the updated Policy and Guidance Document be noted.

(2)  That officers be authorised to take part in the consultation on updating the Home Office Code of Practice by making the following suggestions:

·  That paragraph 2.29 of the proposals be re-worded to make it clear that no RIPA authorisation is required to monitor shouting from a property which is audible in the street outside or adjoining property.

·  That paragraph 3.31 the third bullet point should include as an example of the use by a local authority of directed surveillance, the investigation of behaviour which would constitute the offence of harassment of e.g. a neighbour.