Guildford and Waverley Councils to Align Covert Surveillance Policies

Published on: 23 Aug, 2023
Updated on: 25 Aug, 2023

By Martin Giles

Policies on the use of controversial powers of covert surveillance given to local authorities are to be updated and standardised between Guildford and Waverley Borough Councils as part of their joint working initiative, if approved by the Executive committees of the two councils.

The Regulation of Investigatory Powers Act 2000 (“RIPA”) defines surveillance to include: monitoring, observing or listening to persons, their movements, their conversations or their other activities or communications.

Local authorities investigate offences in a wide range of areas including trading standards, benefit fraud, environmental health, anti-social behaviour, licensing and more recently breach of Covid regulations.

As part of their investigations, local authorities can undertake surveillance for the purpose of preventing or detecting crime. They can use “directed surveillance” and “Covert Human Intelligence Sources” (CHIS).

These techniques can only be used where it is considered necessary and proportionate. Before being used they must be approved by an authorised officer or designated person within the local authority.

The local authority does not have power to carry out intrusive surveillance (eg planting a listening device in an individual’s private vehicle or residence). Only the police, and other law enforcement agencies, can carry out intrusive surveillance.

According to a report on GBC’s Executive Committee’s agenda for Thursday (August 24): “GBC only uses covert surveillance powers exceptionally. In the last five years, the council has only used its powers twice, once in February 2019 and once in August 2021.” Both uses were in relation to directed surveillance, ie likely to result in the obtaining of private information about a person.

And covert surveillance can only be used in certain circumstances, eg where necessary to investigate a suspected crime or disorder with a maximum prison sentence of at least six months.

See the full council report: “Review of Guildford Borough Council’s Covert Investigative Powers Policy and alignment with the Policy of Waverley Borough Council” here.

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