Decision details

RESOLVED:

That the Executive:

a)    Adopted the policy attached at Appendix A to the report in respect of the use of covert investigation and surveillance techniques, and the accompanying guidance as attached at Appendix B to the report.

b)    Designated the officers occupying the following posts as responsible for authorising the use of covert investigation and surveillance techniques:

i.              Chief Executive;

ii.            Executive Director of Place and Economy;

iii.           Executive Director of Adults, Communities and Wellbeing;

iv.           Assistant Director, Regulatory Services

c)    Required the Senior Responsible Officer (Director of Governance and HR) to report the use of covert investigation and surveillance techniques to the Audit and Governance committee at least twice in a municipal year, and notify the Executive of any use of powers on a monthly basis.

d)    Confirmed that the changes required to the Constitution as a consequence of the above recommendations be implemented by the Director of Governance and HR.

Reasons for Recommendations:

·         The above recommendations fulfil the Council’s statutory obligations to adopt a policy on the use of covert surveillance techniques and support that policy through the accompanying guidance.

·         The officers identified to approve the use of such techniques have been identified in accordance with guidance issued by the Investigatory Powers Commissioner’s Office, who are responsible for overseeing the use of these techniques.

Alternative Options Considered: In the event that the policy is not adopted, the Council may be unable to fulfil its statutory enforcement obligations and will be subject to adverse comments when inspected by the Investigatory Powers Commissioner’s Office. Failing to adopt a policy and guidance is not therefore considered a viable alternative option.