The Regulation and Review Committee are scheduled to meet, and will be asked to consider the updated Covert Surveillance Policy, and recommend it to the cabinet for agreement. The committee will also be asked to agree the minutes of previous meetings.

Annual Review of Council Policy on Covert Surveillance

The committee will be asked to review the proposed updated Covert Surveillance Policy and recommend it to the cabinet for adoption.

The Annual Review of Council Policy on Covert Surveillance report states that the current policy was approved by the cabinet in November 2024 and is subject to annual review. The proposed policy for 2025-26 is attached as an appendix to the report. According to the report, no amendments have been made to the current policy, and it remains fit for purpose.

The aims of the council's policy are to:

• Set out the council's arrangements for complying with the Regulation of Investigatory Powers Act 2000 (RIPA), the relevant codes of practice and guidance issued by the Home Office, and guidance from the Investigatory Powers Commissioner's Office (IPCO).
• Give effect to the rights of citizens to respect for their private and family lives (pursuant to the Human Rights Act 1998).
• Protect the council from legal challenge when undertaking surveillance.

The report explains that RIPA puts covert surveillance on a statutory basis and enables certain public authorities, including this council, to carry out surveillance operations with statutory protection from legal challenge, often referred to as the RIPA shield .

Three covert investigatory techniques are available to local authorities under RIPA:

• The acquisition and disclosure of communications data, such as telephone billing information or subscriber details, for example, to tackle rogue traders.
• Directed surveillance: covert surveillance of individuals in public places, for example, to tackle criminal activity arising from anti-social behaviour.
• Covert human intelligence sources (CHIS), such as the deployment of undercover officers.

The report states that the RIPA provisions may only be used to authorise surveillance activities to detect and prevent serious crime, and any authorisation is subject to a requirement to seek authorisation from an 'Authorising Officer' and to obtaining judicial approval from the Magistrates' Court before any surveillance is undertaken. The Authorising Officers within the council are:

• Jacqueline Laughton, Chief Executive
• Ian Pattison, Head of Assurance and Risk (Chief Internal Auditor)

The report notes that organisations using RIPA are subject to regular inspection by the Investigatory Powers Commissioner's Office (IPCO). The council received a virtual online inspection visit from the IPCO on 12 September 2023. The purpose of the inspection was to examine the policies, procedures, operations, and administration the council has in place in relation to the use of directed surveillance and covert human intelligence sources. The outcome of the inspection was very supportive of the council's actions to manage its responsibilities under RIPA. The Inspector made no recommendations in relation to the council's Covert Surveillance Policy and commented on the Authorities recent authorisations as well formed .

The report also provides a summary of the use of surveillance, acquisition of communications data, and CHIS. It notes that following changes to the RIPA regime from 1 November 2012, the council has utilised the powers five times since the last inspection in September 2023, for directed surveillance, alongside non-RIPA applications for test purchasing. The justification most used by local authorities generally for authorising covert surveillance (addressing anti-social behaviour) was removed on 31 October 2012. Authorisations may now only be sought on the grounds that it relates to the prevention and detection of serious crime.

The report details corporate responsibilities, stating that the Codes of Practice advise that a Senior Responsible Officer (SRO) should be identified to ensure the council has appropriate policies and processes that accord with RIPA and the related Codes of Practice. The Officer Delegation Scheme places the Senior Responsible Officer role with the Head of Resources. Each Head of Service is responsible for ensuring effective and legally compliant systems and procedures are in place for surveillance work within their Service Areas.

The report also addresses the use of social media for the collection of personal information, noting that the application of the requirements of RIPA to the use of informants via social media is a developing area of surveillance law.

Finally, the report outlines compliance and oversight mechanisms, including the roles of elected members, the Cabinet, the Elected Mayor, and the Regulation and Review Committee in reviewing the use of RIPA and setting the general surveillance policy.

Approval of Previous Meeting Minutes

The committee will be asked to agree the minutes of the meetings held on 19 October 2023 and 1 August 2024. They will also be asked to note the minutes of the Panel meetings held on 4 October 2023, 11 January 2024, 8 February 2024, 20 March 2024, 4 April 2024, 18 April 2024, 30 May 2024, 11 July 2024, 25 July 2024, 12 September 2024, 28 November 2024, 9 January 2025, 23 April 2025, 29 May 2025, 31 July 2025 and 7 August 2025.