Have you ever thought about doing a bit of private detective work during the course of your duties?
Maybe you considered sitting outside the home of that difficult customer, or following someone to see where they go, or what they do? Or surreptitiously placing a camera or other recording devices in order to catch someone out.
If so you could be carrying out actions that might be viewed as surveillance or spying, and such actions could be regarded as unlawful. Stop immediately and seek advice from the either the Council’s Legal or Fraud Investigation Team.
Government legislation does allow the Council to undertake covert surveillance, however this is only in certain limited circumstances, and must relate to the prevention or detection of crime. This is permissible under The Regulation of Investigatory Powers Act 2000 (RIPA), but this activity must be authorised by a senior officer of the Council and then by a magistrate. The Council has recently updated its RIPA Policy to ensure that it is up to date and relevant.
Surveillance is considered as covert when the person who is subjected to the surveillance is not aware that the surveillance is taking place. Therefore surveillance is allowed if an officer is in clear sight and fully uniformed, for example, or appropriate signage is in place.
If you do take action that is considered as covert, you will probably find that any information you obtained could not be used in any proceedings as it was not acquired lawfully. Also, you and the Council could be found to have been acting in breach of an individual’s Human Rights.
If you intend to carry out an investigative activity that could be viewed as covert surveillance, please obtain advice and guidance immediately.
Further information, access to guidance and template application forms regarding RIPA, can be viewed on the Councils Molly webpage here.
This update is issued by the Council’s Fraud and Investigation Team.
If you require any advice or guidance in relation to fraud and corruption, please see the Fraud Team webpage here, or email directly at investigations@molevalley.gov.uk .
Online fraud allegations can be made here
Your information will be treated in the strictest confidence and can be given anonymously.