Investigatory Powers Commissioner’s Annual Report 2019
Surveillance
14.11
We have seen councils using covert cameras to identify and prosecute offenders for a
range for crimes. For example, many councils have encountered an increase in the disposal
of waste in unapproved locations by unlicensed businesses. This can sometimes amount
to the systemic dumping of large amounts of material which is often harmful to the
environment because it contains pollutants. Where overt methods such as mobile CCTV
units have been unable to detect or deter suspects, the use of covert cameras has led
to the identification and prosecution of offenders. We have seen that RIPA powers also
provide an opportunity to investigate the sale of counterfeit, faulty or dangerous goods,
for example by monitoring online sellers and using CHIS powers to engage with them to
arrange the purchase, identification and seizure of goods.
Figure 17: Directed surveillance authorisations for 2017 to 2019
350
309
300
250
327
233
200
150
100
50
0
14.12
2017
2018
2019
We have noted an increase in the use of directed surveillance to detect and prosecute cases
of housing fraud. This most commonly takes place where a council has reason to believe
that a tenant has breached the terms of their tenancy, for example by no longer living
at, and sometimes sub-letting, their property. While this activity in itself is not sufficient
to meet the crime test set out in the Protection of Freedoms Act 2012, where the tenant
makes an application for right-to-buy they commit a fraud often leading to substantial
financial loss. In such cases, surveillance has been used to show that the application has
been made falsely and can produce evidence that is difficult to refute.
Example: use of RIPA tactics
One of the most striking examples we have seen of the innovative use of RIPA tactics was an
investigation into two fraudulent companies undertaking dangerous heating, plumbing and
drainage work. Following complaints by elderly and vulnerable victims, the local authority
undertook a covert investigation during which they discovered that both businesses were
owned by the same person who was knowingly defrauding them. This led to convictions for
fraud and laundering the proceeds of crime.
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