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IPCO Annual Report 2018
12. Public Authorities
Overview
12.1
A number of public authorities, in addition to Law Enforcement Agencies (LEAs) and local
councils, have the statutory power to use covert tactics. We refer to these authorities as
Other Public Authorities (OPAs) and include a list at Annex A. Their powers vary according
to the relevant Acts in which they are named.
12.2
OPAs are able to authorise the use of directed surveillance and communications data (CD)
and many can also authorise the use of Covert Human Intelligence Sources (CHIS). A small
number may also apply to conduct property interference31 and intrusive surveillance.32
As with all authorities, the regularity and pattern of use varies dependent on the powers
available and the investigatory function of the relevant authority.
12.3
Examples of the investigatory functions of these public authorities include: to investigate
and prosecute breaches of company and insolvency legislation; fraudulent benefit claims;
preventing immigration abuse; regulating activities that can cause harmful pollution;
the regulation of medicines, medical devices and equipment used in healthcare; and
investigation of unregistered schools.
12.4
In 2018, we inspected nine public authorities: the Department for Work and Pensions
(DWP); the Home Office Immigration and Enforcement Directorate (HOIE); the Department
of Health and Social Care – Medicines and Healthcare Products Regulatory Agency (MHRA);
the Office of The Police Ombudsman for Northern Ireland (PONI); the Insolvency Service;
the Scottish Environmental Protection Agency (SEPA); Transport Scotland; the Competition
and Markets Authority (previously the Office of Fair Trading); and Her Majesty’s Chief
Inspector of Education, Children’s Services and Skills (OFSTED).
Findings
12.5
In general, we found the level of compliance to be good at the public authorities who had
used their powers. We noted that the officers involved in this work were experienced, often
taking up these posts following careers in law enforcement. However, we commonly made
two recommendations: first, to ensure that the activities to be conducted were clearly and
explicitly set out and, secondly, that records of meetings with CHIS should be better. We
will keep both of these issues under close review in 2019.
31 Property interference can only be authorised by the Competition and Markets Authority (CMA), Independent Office for Police
Conduct (IOPC), Police Investigations and Review Commissioner, or Home Office.
32 Intrusive surveillance can only be used by the Competition and Markets Authority (CMA), Independent Office for Police Conduct
(IOPC), Home Office (for customs and immigration matters only) and the Ministry of Justice and Northern Ireland Office (in both the
latter cases, for activity in prisons only)