Agenda item

This report details the Council’s use and conduct of surveillance techniques in accordance with the Regulation of Investigatory Powers Act (RIPA) 2000 in compliance with the annual review obligations set out in Brent Council’s RIPA policy and procedures.

Bianca Robertson (Senior Lawyer for Constitutional and Governance) introduced a report from the Corporate Director Law & Governance, providing an update on the Council’s use and conduct of surveillance techniques in accordance with the Regulation of Investigatory Powers Act (RIPA) and in compliance with the annual review obligations within the Council’s RIPA policy and procedures.

In considering the report the Committee noted:

·             The background to the use of the Regulation of Investigatory Powers Act 2000 (RIPA) which provided the Council with significant powers to investigate serious matters and offences, enabling the Council to use covert surveillance, covert human intelligence sources (CHIS) and the acquisition of service user or subscriber information in relation to communications data in a manner that was compatible with Article 8 of the European Convention on Human Rights (governing an individual’s right to respect for their private and family life).

·             The outline of criteria which would need to be met prior to the Council being able to use the powers available to undertake covert surveillance, which, included approval of the application by a Magistrate and with covert surveillance techniques including static surveillance (e.g. taking up an observer post to monitor the activities and movements of those suspected of having committed criminal offences); mobile surveillance (e.g. following someone to see where they were going without their knowledge); and using hidden CCTV at a crime hotspot.  These techniques were referred to as ‘directed surveillance’ with RIPA also extended to the use of undercover officers and informants referred to as ‘Covert Human Intelligence Sources’ (more commonly referred to as CHIS).

·             The Council was periodically inspected by the Investigatory Powers Commissioner’s Office (IPCO) with Brent’s last inspection in March 2020 having concluded with satisfactory findings from the Inspectorate. During 2023, the IPCO had reviewed its inspection methodology for local authorities, ceasing routine inspections and now requiring a written update on compliance, followed by an assessment and determination regarding the necessity of remote or in-person inspections.

·             Brent had submitted an initial written response in July 2023 addressing matters identified by the Inspector, including internal governance and oversight, policy updates, annual; updates to elected member, training and awareness raising initiatives, and internal compliance procedures. In August 2024, the Inspector had they were satisfied with the assurance provided in relation to the Council’s compliance and would not require any further inspection during the current year with the Council expecting the need for a further submission in 2026.

·             The outcome of the annual review of RIPA policy and procedures following the previous review in 2024 which, whilst not identifying the need for any substantive changes, had resulted in a number of proposed minor amendments to reflect changes made in the Council’s organisational management structure as detailed within Appendix A of the report.

·             The ongoing decline in use of RIPA over recent years, with zero RIPA Directed Surveillance or Covert Human Intelligence Source (CHIS) authorisations in Brent during 2024-25 and ten requests for Communications Data, as detailed within section 3 of the report.

The Chair thanked Bianca Robertson for the update and invited the Committee to raise any questions on the report, which are summarised below:

·             In response to a query seeking further elaboration as to why the RIPA procedure was not utilised more frequently, members were advised that whilst RIPA had seen extensive use when first introduced, national legislation had been introduced to raise RIPA’s baseline usage threshold. Following this, RIPA usage had seen a downward trend, in most part due to it now requiring preauthorisation from a magistrate before use and its predominant use of remaining focussed on the enforcement of trading standards controls and in the context of serious fraud investigations.

As there were no further comments raised the Chair thanked Bianaca Robinson for the update and the Committee RESOLVED:

(1)        To note the contents of the report.

(2)    To note and approve the changes to the RIPA policies (as detailed in Appendix A of the report) to reflect the Council’s organisational changes.