402 Regulation of Investigatory Powers Act (RIPA) Policy Review
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Decision:
A. Executive considered the content of the report and provided observations to the Director for Legal, Policy and Governance.
B. That the Regulation of Investigatory Powers Act (RIPA) Policy at Appendix B be adopted.
Minutes:
The Executive Member for Corporate Services presented the report on the Regulation of Investigatory Powers (RIPA) Policy Review. It was explained that although the Council had not used covert investigatory powers for some time, there was a legal requirement to maintain an up?to?date policy. The recent inspection by the Investigatory Powers Commissioner’s Office (IPCO) had resulted in a positive outcome, confirming that the Council was operating compliantly. The only action arising from the inspection was the need to bring the policy back to Members for review, as this had not occurred since 2023.
The Executive Member for Corporate Services thanked the Monitoring Officer, noting that this was his final attendance at Executive. They noted that the Council had benefited greatly from his expertise and that he had always remained fair, impartial and highly effective in the role.
The Executive Member for Corporate Services proposed the recommendations as detailed in the report. The Executive Member for Resident Engagement seconded the proposal.
Members queried when the Council last exercised its powers under the Regulation of Investigatory Powers Act (RIPA). Officers advised that the Council had not used RIPA powers within the past six years. It was noted that these powers were used more frequently around twenty years ago, however following national changes in approach, the use of such powers reduced significantly. Whilst not used regularly, the Council was statutorily required to maintain an up?to?date RIPA policy.
The motion to support the recommendation, having been proposed and seconded, was put to the meeting and upon a vote being taken, was declared CARRIED.
RESOVLED – A) Executive considered the content of the report and provided observations to the Director for Legal, Policy and Governance.
B) That the Regulation of Investigatory Powers Act (RIPA) Policy at Appendix B be adopted.
381 Regulation of Investigatory Powers Act (RIPA) Policy Review
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Minutes:
The Director for Legal, Policy and Governance submitted a report that updated the Committee on the Council’s recent IPCO inspection. The report sought Member approval of the RIPA policy.
Members were advised that the Regulation of the Investigatory Powers Act (RIPA) was a piece of legislation that allowed local authorities to make use of covert surveillance for the purposes of investigations. The Director for Legal, Policy and Governance said that in reality the council did not use this legislation and neither did most other local authorities.
Members were advised that irrespective of the above reality; it was important that robust policies and procedures were in place and that both officers and members were aware of the powers and that they could be used at some point.
The Director for Legal, Policy and Governance advised that the Investigatory Powers Commissioners Office (IPCO) inspects local authorities every three years, and with the last review being in 2022 the next scheduled inspection had taken place in 2025 on the 12 September. He said that the IPCO was generally happy that the council’s RIPA policy was up to date but noted that it had not been before members for a number of years. The IPCO also remarked that Authorising Officers had not undergone RIPA training for a while and that this should be addressed at the earliest opportunity.
Members were invited to review appendix B and were advised that the report would also go forward to the Executive on 24th March 2026. Authorising Officers had also been booked in for specific RIPA training on the 30 June 2026.
The Director for Legal, Policy and Governance answered a number of questions from the committee.
The Director for Legal, Policy and Governance said that there were forms and links to forms whereby the council had to set out the case for using RIPA powers.
Councillor Andrews proposed and Councillor Williams seconded, a motion that the report be received and any observations from Members be forwarded to the Executive by the Director of Legal, Policy and Governance.
After being put to the meeting and a vote taken, the motion was declared CARRIED.
RESOLVED – that (A) the report be received; and
(B) any observations from Members be forwarded to the Executive by the Director of Legal, Policy and Governance.