Agenda item

A report by the Assistant Director for Regulatory.

The Portfolio Holder presented the report supported by the Assistant Director – Regulatory.  Members were advised that the report sought the views of the Corporate and Community Committee on a Regulation of Investigatory Powers Act (RIPA) 2000 - Partnership Policy. The Policy brought together the previous Joint RIPA Policy at Boston Borough Council and East Lindsey District Council with the South Holland District Council RIPA Policy; to create a single RIPA Policy for the Partnership.

The new Partnership Policy sought to align and harmonise the current practices and procedures across the three Councils and to also bring the RIPA related arrangements up to date with current guidance issued by the Home Office and the Investigatory Powers Commissioners Office (IPCO), the regulatory body that oversees compliance with RIPA by public bodies.

Development of the Partnership RIPA Policy had commenced late in 2023 with expertise provided by BLS Stay Compliant Ltd.  By engaging a national company with current expertise in this area to undertake the work, it ensured that the policy met the national guidelines and codes of practice, provided by IPCO and the Home Office, as well best practice nationally.

Ahead of the planned inspection for the Partnership, IPCO required a self-assessment to be completed. That had been completed and returned to IPCO on 21^st December 2023. The self-assessment provided a summary of the current status in terms of; remedial actions completed following the previous inspection (2021), RIPA policy status and last review, training of staff, security or records, designation of officers, assurance around access to social media and communications data, managing CCTV systems and adherence to codes of practice.  It was also reported that no RIPA powers had been used since the previous inspection in 2021.

IPCO had replied to the self-assessment report on 9^th January 2024 stating; “I note that you are in the final stages of amalgamating into one policy and procedure, and that have recognised training and knowledge requirements within South Holland District Council in particular, which you have planned to address”.  The response further stated “I am satisfied that your reply to the other matters identified provides your assurance that ongoing compliance with RIPA 2000 and the Investigatory Powers Act 2016 will be maintained. As such, your Council will not require further inspection this year”.

The correspondence from IPCO also indicated that the Regulator was satisfied with the pace and direction of travel in terms of aligning RIPA policy, procedures and practice across the Partnership.

Development of a RIPA Partnership Policy was part of the commitment to IPCO to achieve on-going compliance and the report presented the policy to members for consideration, and recommendation on to Cabinet for approval.

No committee deliberation followed and the Chairman thanked the Officer for the detailed and well written report which he noted despite the legal nature of the subject, provided a clear ease of read.   

RECOMMENDATION:

That the Corporate and Community Committee having considered the Regulation of Investigatory Powers Act (RIPA) 2000 – Partnership Policy recommend it to Cabinet for approval.