From what I understand of RIPA it is permissive legislation that allows local authorities to undertake surveillance in connection with their regulatory activities where the authority itself is the prosecuting authority. The purpose is to enable the authority to obtain surveillance evidence that will be admissible in court. The surveillance commissioner does not want authorities to issue RIPA authorisations where the activity under surveillance is not related to their regulatory activity.
Investigating a suspected fraudulent schools application is not part of the council's regulatory activity and cannot result in a prosecution by the authority. If the authority wants to investigate fraudulent schools admissions it can do so, and it can monitor a surveillance operation without reference to RIPA. However, the authority is then putting itself at danger of breaching the Human Rights Act, especially the Article 8 right to a private life. The question is, was the surveillance proportionate? My view is no - the authority would have been better off asking for evidence of utility bills covering the relevant period, but RIPA hasn't been breached here, but HRA probably has.
Carolyn Howard
Solicitor
Leicester City Council
email: [log in to unmask]
ext: 29 6498
tel: 0116 252 6498
(Office hours: Mon a.m./Tue/Thu)
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