No covert surveillance used in last year, Flintshire Council confirms – but powers remain on standby

Flintshire County Council has confirmed it did not use any covert surveillance powers under the Regulation of Investigatory Powers Act 2000 (RIPA) during the 2024/25 financial year.

However, the council continues to maintain a legal framework for the use of such powers in specific cases, should the need arise.

A report going before the Governance and Audit Committee on Wednesday 4 June outlines the council’s compliance with the legislation and details recent updates to its internal policy following an inspection by the Investigatory Powers Commissioner’s Office (IPCO) in 2024.

Although RIPA powers are most commonly associated with police and national intelligence services, local authorities can also use them under strict conditions – typically in relation to criminal offences punishable by six months or more in prison. These can include:

• Fly-tipping
• Unlawful street trading
• Benefit fraud
• The sale of counterfeit goods
• Serious anti-social behaviour
• Illicit tobacco or alcohol sales to minors

Flintshire has only used RIPA powers once in the past six years, in 2019/20.

The council does not use covert human intelligence sources, and general CCTV use does not require RIPA authorisation unless deployed for targeted surveillance at the request of police. In such cases, police must provide formal RIPA authorisation, which Flintshire is now required to retain.

The IPCO’s 2024 inspection confirmed Flintshire’s overall compliance with the law, but identified a number of areas for improvement.

These included strengthening internal oversight, expanding staff training, and enhancing procedural clarity in line with the relevant statutory codes.

The Commissioner’s Office also recommended that the council’s RIPA policy be formally reviewed and approved by elected members at least once a year.

It further advised the council to update its guidance to include clearer definitions of proportionality, and to set out procedures for managing requests from external bodies such as the police.

The council responded to the inspection with a revised RIPA policy, now updated to reflect the recommended changes.

The new policy outlines the legal thresholds and internal authorisation process for any future use, which requires both senior officer sign-off and judicial approval by a magistrate.

All officers involved in criminal investigations undergo RIPA training every five years, while designated authorising officers receive specific instruction.

The council’s RIPA Coordinator provides central oversight and ensures procedures are followed and records maintained.

The IPCO has confirmed that Flintshire will not require another inspection until 2027, provided current standards are maintained.