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Corporate Management Committee

Thursday 14 December 2017 at 7.30pm

Council Chamber Runnymede Civic Centre, Addlestone

Members of the Committee

Councillors N H Prescot (Chairman), Miss M N Heath (Vice-Chairman), A Alderson, Mrs L M Gillham, Mrs J Gracey, Mrs G M Kingerley, D W Parr, Ms C M Simmons, M L Willingale and J J Wilson. In accordance with Standing Order 29.1, any Member of the Council may attend the meeting of this Committee, but may speak only with the permission of the Chairman of the Committee, if they are not a member of this Committee.

AGENDA

Notes:

1) Any report on the Agenda involving confidential information (as defined by section 100A(3) of the Local Government Act 1972) must be discussed in private. Any report involving exempt information (as defined by section 100I of the Local Government Act 1972), whether it appears in Part 1 or Part 2 below, may be discussed in private but only if the Committee so resolves.

2) The relevant 'background papers' are listed after each report in Part 1. Enquiries about any

of the Agenda reports and background papers should be directed in the first instance to Mr J Gurmin, Democratic Services Section, Law and Governance Business Centre,

Runnymede Civic Centre, Station Road, Addlestone (Tel: Direct Line: 01932 425624). (Email: [email protected]).

3) Agendas and Minutes are available on a subscription basis. For details, please ring Mr B A Fleckney on 01932 425620. Agendas and Minutes for all the Council's Committees

may also be viewed on www.runnymede.gov.uk. ‘see overleaf’

mailto:[email protected]

http://www.runnymede.gov.uk/

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4) In the unlikely event of an alarm sounding, members of the public should leave the building immediately, either using the staircase leading from the public gallery or following other instructions as appropriate.

5) Filming, Audio-Recording, Photography, Tweeting and Blogging of Meetings Members of the public are permitted to film, audio record, take photographs or make use of

social media (tweet/blog) at Council and Committee meetings provided that this does not disturb the business of the meeting. If you wish to film a particular meeting, please liaise with the Council Officer listed on the front of the Agenda prior to the start of the meeting so that the Chairman is aware and those attending the meeting can be made aware of any filming taking place.

Filming should be limited to the formal meeting area and not extend to those in the public

seating area. The Chairman will make the final decision on all matters of dispute in regard to the use of

social media, audio-recording, photography and filming in the Committee meeting.

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LIST OF MATTERS FOR CONSIDERATION PART I Matters in respect of which reports have been made available for public inspection

Page 1. FIRE PRECAUTIONS 4

2. NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP 4

3. APOLOGIES FOR ABSENCE 4

4. DECLARATIONS OF INTEREST 4

5. CORPORATE ACTION PLAN 2017/18 – QUARTER 2 PROGRESS

4

6. REGULATION OF INVESTIGATORY POWERS ACT 2000 – 2017 INSPECTION BY INVESTIGATORY COMMISSIONER’S OFFICE

6

7. EXCLUSION OF PRESS AND PUBLIC 9

PART II

Matters involving Exempt or Confidential Information in respect of which reports have not been made available for public inspection.

a) Exempt Information

8. RUNNYMEDE REGENERATION PROGRAMME – UPDATE 9. PRINTING CONTRACT EXTENSION

10

21

10. PROPOSED LEARNING AND DEVELOPMENT MANAGER 11. SERVICE CONTRACT PROCUREMENT – APPOINTMENT OF PREFERRED

BIDDER (TO FOLLOW)

25

28

b) Confidential Information (No reports to be considered under this heading)

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1. FIRE PRECAUTIONS The Chairman will read the Fire Precautions which set out the procedures to be followed in

the event of fire or other emergency. 2. NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP 3. APOLOGIES FOR ABSENCE 4. DECLARATIONS OF INTEREST If Members have an interest in an item, please record the interest on the form circulated

with this Agenda and hand it to the Legal Representative or Committee Administrator at the start of the meeting. A supply of the form will also be available from the Committee Administrator at meetings.

Members are advised to contact the Council’s Legal section prior to the meeting if they wish to seek advice on a potential interest. Members are reminded that a non pecuniary interest includes their appointment by the Council as the Council’s representative to an outside body and that this should be declared as should their membership of an outside body in their private capacity as a director, trustee, committee member or in another position of influence thereon.

Members who have previously declared interests which are recorded in the Minutes to be

considered at this meeting need not repeat the declaration when attending the meeting. Members need take no further action unless the item in which they have an interest becomes the subject of debate, in which event the Member must leave the room if the interest is a disclosable pecuniary interest or if the interest could reasonably be regarded as so significant as to prejudice the Member’s judgement of the public interest.

Background papers None stated

5. CORPORATE ACTION PLAN 2017/18 – QUARTER 2 PROGRESS (CORPORATE SERVICES)

Synopsis of report: This report provides Members with an update on the Council’s performance against the Corporate Action Plan 2017/18. For Quarter 2 (August-October for the Corporate Action Plan), of the 60 objectives relevant to this reporting period, 52 objectives have a green status, six objectives have an amber status, and two objectives have a red status. The Corporate Action Plan 2017/18 is therefore progressing well.

Recommendation: For information

1. Context of report

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1.1 In July 2016, Corporate Management Committee approved the Council’s Corporate Business Plan 2016-2020. The Plan outlined our position in 2016, where we want to be, and how we plan to get there through four new themes: Supporting Local People, Enhancing Our Environment, Improving Our Economy, and Organisational Development. Each theme has a number of Corporate Priorities which the Council will aim to achieve over the period of the Plan. A Corporate Action Plan is then produced each year which has a number of objectives that aid progress towards the achievement of the Corporate Priorities.

1.2 The purpose of this report is to provide Members with an update on the Council’s

performance against the Corporate Action Plan 2017/18. This report covers objectives that were either outstanding from a previous quarter, due to be completed by the end of Quarter 2, or are an ongoing objective. Progress against all the other objectives will be reported at the end of the quarter to which the objective’s deadline matches.

2. Report

2.1 Q2 (August-October) 2017/18 progress

2.1.1 Appendix ‘A’ shows the full table showing the status and associated comment for all objectives with an end of Quarter 2 deadline, are outstanding from Quarter 1, or are ongoing. In total, of the 60 objectives relevant to this reporting period, 52 have a green status which means they have either been completed in full or are on track to the level expected (if ongoing).

2.2.2 Objectives with an amber status 2.2.2.1 The following six objectives have made some progress, but less than expected.

Objective Comments/actions

To continue progress

with the current Web

Improvement Plan.

MR: The website has achieved the maximum rating of 4 stars following the latest SOCITM review, putting this Council in the top 9% of local authorities nationally. Implementation of the responsive website project has started although it is running slightly behind the initial project plan due to the supplier having issues in the implementation phase.

To implement agreed customer service standards across the organisation.

LN+SW: The updated standards have been approved by Corporate Management Committee, but it is felt the Customer Services Team needs more time to settle before introducing the changes across the organisation. Subject to stability being established in Customer Services, the standards will be implemented before the end of Q4.

To complete the first

phase of Addlestone

One.

JNR: Practical completion is planned for the end of Jan 2018.

To continue delivering a

transparent and timely

investigation of potential

breaches of planning

control.

CK: The priority of investigation into major breaches within the Green Belt and associated ongoing legal actions has diverted resources away from other investigations. While these high priority cases have been successfully actioned or resolved other long standing cases have been delayed.

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To introduce a formal

inspection of cemetery

memorials.

KC: DAC Notification of Advice has now been approved by Guilford Diocese and the faculty for a five year rolling program will be applied for once a starting date can be finalised (expected end of January 2018).

To complete all

remaining Service-level

Business Continuity

Plans.

SW: All plans apart from Customer Service are now complete (this was given an extended deadline due to other priorities). The associated Equality Impact Assessments now need to be finalised following review.

2.2.3 Objectives with a red status

2.2.3.1 The following two objectives are still outstanding.

Objective Comments/actions

To deliver a promotional

campaign around

Hydration and Nutrition.

CH: Officers will be linking the campaign in with the Nutrition and Hydration Week in March 2018.

To review the

Employment Stability

Policy.

FS: Officers are awaiting publication of some deferred employment legislation in order to update appropriately.

3. Policy framework implications

3.1 The Corporate Action Plan identifies the objectives for the current year which will

help achieve the Corporate Priorities in the Council’s Corporate Business Plan. 4. Resource implications 4.1 No additional resources are required to support progress at this time. 5. Conclusions 5.1 Given that 52 out of 60 objectives have a green status, six objectives have an

amber status, and two objectives have a red status, it can be concluded that the Corporate Action Plan 2017/18 is currently progressing well.

(For information) Background Papers None stated 6. REGULATION OF INVESTIGATORY POWERS ACT 2000 - 2017 INSPECTION BY INVESTIGATORY POWERS COMMISSIONER’S OFFICE (LAW AND GOVERNANCE)

Synopsis of report: To advise Members of the outcome of a recent inspection by the Investigatory Powers Commissioner’s Office and to endorse an updated Policy in this respect.

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Recommendation: To recommend to Full Council that - 1. The outcome of the Inspection be noted. 2. The actions recommended in the Inspection Report be noted; and 3. An updated RIPA policy be adopted as set out in Appendix ‘C’.

1. Context of report 1.1 The Regulation of Investigatory Powers Act 2000 (RIPA) came into effect in

September 2000 and seeks to protect a person’s human rights whilst ensuring that enforcement and security agencies can function effectively. RIPA sets out the statutory mechanism for covert surveillance and the use of covert human intelligence sources. The Council has a policy in place to govern its use of these powers.

1.2 Until 1 September 2017 the Office of the Surveillance Commissioner (“OSC”) carried

out routine inspections of all public bodies to ensure their compliance with the requirements of RIPA. On 1 September 2017, this passed to the Investigatory Powers Commissioner’s Office (IPCO).

2. Report 2.1 The Council is involved in day to day enforcement functions including those

associated with environmental protection, with planning enforcement, anti-social behaviour and fraud investigation. Surveillance evidence in support of these enforcement actions may only be valid if it is obtained by lawful means, if the conduct has been properly authorised and is considered to be necessary, proportionate and in accordance with the law.

2.2 Periodic inspections of public bodies which can exercise such powers were

historically carried out by the OSC. As mentioned above from September 2017 this function was passed to the IPCO. The Council was last inspected in 2014 and the outcome of that inspection was reported to this Committee in December 2014.

2.3 On the 25 July 2017 the Council was advised that it had become apparent in recent

years that for a variety of reasons, including reduced resources and greater access to data-matching and overt rather than covert law enforcement, authorities like the Council have granted far fewer RIPA authorisations. Some indeed have granted none at all during the last three years. Bearing this in mind, the Chief Surveillance Commissioner, the Rt Hon Lord Judge, had decided that a more flexible approach to the arrangements for IPCO inspections of District and Borough Councils, and free-standing Fire and Rescue Services should be adopted. Where appropriate, such inspections would be based on an examination of the relevant documentation, without a visit by one of the Surveillance Inspectors or Assistant Surveillance Commissioners. The 2017 inspection of the Council was conducted on such a basis. The approach taken was for the Council to provide the nominated inspector with various documents and they undertook a ‘desktop inspection’.

2.4 Mrs Grainne Athorn (“Inspector”) carried out a paper exercise and concluded that a

full inspection was not required. She did however make a number of comments and recommendations. A copy of the covering letter from The Rt Hon. Lord Judge dated 5 September 2017 and the Inspector’s report setting out her findings and recommendations are at Appendix ‘B’.

2.3 The inspection report, dated 9 August 2017, acknowledged that the two

recommendations made following the previous inspection in August 2014 had been

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discharged, that refresher training had been delivered and the RIPA policy had been amended to include guidance concerning the use of social media.

2.4 The Inspector did however note that there had not been an authorisation for directed

surveillance since the last inspection. The Council was consequently not a significant user of the powers vested under RIPA but has sound procedures in place should there be a need to utilise the legislation. The Inspector did make six recommendations:

2.4.1 The Council amend the section in the RIPA Policy on the use of Covert Human

Intelligence Sources (CHIS) to require the appointment of a ‘CHIS Handler’. 2.4.2 The Council amends its RIPA Policy to make clear no oral authorisations can be

granted. 2.4.3 The Council amends its RIPA Policy to make clear that a risk assessment must be

completed prior to the authorization and deployment of a CHIS and be updated during their deployment.

2.4.4 The Council amends its RIPA Policy to make clear that an application for a renewal

of a RIPA authorisation must be made in writing. 2.4.5 The Council amends its RIPA Policy to make clear that an RIPA authorisation must

not be allowed to expire and must be cancelled. 2.4.6 The Council’s RIPA Policy be further enhanced when dealing with the acessing of

private information available on the internet and social media by the introduction of control measures to ensure that should it become necessary to utilise online covert identities/pseudonyms, these will be centrally logged and a record made of what research activity is conducted, details of which should be reported to the relevant Authorising Officer during routine reviews or, where applicable, a cancellation.

2.5 The Council’s existing policy has accordingly been updated and a draft of the

proposed new policy is at Appendix ‘C’. Alterations to the existing policy are shown in red in the draft proposed new policy at Appendix ‘C’.

3. Policy framework implications

3.1 If the Council is involved in any proceedings before a Court, the Council must be

able to show that it has acted lawfully and that it has gathered evidence properly. The existence of a formal Policy and Procedure that governs the process assists with the verification of that evidence.

4. Resource implications

4.1 RIPA powers would be used by Officers as part of their normal duties and therefore

no additional resources would be required. 5. Legal implications 5.1 The Council can only use the powers it has under RIPA to investigate alleged

crimes that are punishable by a maximum term of at least six months imprisonment or which relate to the sale of alcohol or tobacco to children. As indicated in the body of the report it has not had cause to use the powers since the last inspection in 2014. If there was cause to use such powers they would need to be authorised in accordance with the requirements set out in the Council’s RIPA Policy.

6. Equality implications

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6.1 An Equality Impact screening exercise has been undertaken in respect of previous versions of the Policy document. It is not anticipated that the new draft Policy, if endorsed and implemented, will have any disproportionate impact on any group or individual with any protected characteristic.

7. Conclusions 7.1 The adoption by the Council of a RIPA Policy which complies with legal

requirements and reflects recommendations made by the IPCO will enable it to exercise such surveillance powers in a lawful manner and ensure public confidence in the use of such powers by a public body.

(To recommend)

Background papers None stated

7. EXCLUSION OF PRESS AND PUBLIC OFFICERS' RECOMMENDATION that – the press and public be excluded from the meeting during discussion of the

following reports under Section 100A(4) of the Local Government Act 1972 on the grounds that the reports in question would be likely to involve disclosure of exempt information of the description specified in paragraphs 1 and 3 of Part 1 of Schedule 12A of the Act.

(To resolve) PART II Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection a) Exempt Information Paras

8. RUNNYMEDE REGENERATION PROGRAMME - UPDATE 3

9. PRINTING CONTRACT EXTENSION 10. PROPOSED LEARNING AND DEVELOPMENT MANAGER 11. SERVICE CONTRACT PROCUREMENT – APPOINTMENT OF PREFERRED BIDDER (TO FOLLOW)

3

1 and 3

3

Confidential Information (No reports to be considered under this heading)

K:\Agendas\Corporate Management Committee\2017\12\Appendices 141217.docx

CORPORATE MANAGEMENT COMMITTEE

14 DECEMBER 2017

APPENDICES

APPENDIX

REPORT

PAGE NO

A CORPORATE ACTION PLAN – QUARTER 2 PROGRESS

1

B

C

RIPA INSPECTION – COVERING LETTER AND REPORT DRAFT PROPOSED NEW RIPA POLICY

10

19

20

17

/18

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APPENDIX 'A'

1

ii)T

o c

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ple

menting

the

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trate

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s

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num

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ay a

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are

be

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ppra

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. 12 h

om

es o

n G

ara

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Sites in E

ngle

field

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nder

constr

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un

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dem

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and N

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i)T

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e im

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Ren

ted S

ecto

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ii) T

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pm

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art

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O

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M

W: P

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dhere

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. M

W: A

positiv

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eeting

of

the R

unn

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ede H

ousin

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pm

ent P

art

ners

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was h

eld

in O

cto

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xpand o

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care

/pre

vention

serv

ices

in o

rder

to h

elp

re

lieve

pre

ssure

s o

n th

e N

HS

as

well

as c

reate

ad

ditio

nal

incom

e s

tream

s for

the

Council.

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o d

eliv

er

a p

rom

otio

nal

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paig

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rou

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ydra

tio

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itio

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nd

of

Q2

C

H: O

ffic

ers

will

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kin

g t

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am

paig

n in w

ith th

e

Nutr

itio

n a

nd H

ydra

tion

Week in M

arc

h 2

018

.

ii) T

o c

ontinue

the

de

livery

of

the

non-e

merg

ency p

atient

tran

sport

in

Surr

ey t

hro

ugh t

he C

om

munity

Tra

nsport

serv

ice.

iii)

To c

ontin

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o identify

opport

un

itie

s to e

xp

and

the

Mea

ls

at H

om

e o

ffering

.

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g

O

ngoin

g

D

W: T

he c

ontr

act is

ongo

ing w

ith n

o issues o

f no

te

to d

ate

. D

W: T

ogeth

er

with S

HB

C,

pote

ntial opp

ort

un

itie

s to

develo

p t

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eal serv

ice f

urt

her

ha

ve b

ee

n

ide

ntifie

d e

.g. in

tegra

ting c

apacity n

eeds a

cro

ss

serv

ices, a

nd w

ill c

on

tin

ue t

o b

e w

ork

ed o

n u

ntil Q

4.

To c

ontinue

supp

ort

ing

and im

pro

vin

g the

qu

alit

y

of

lives o

f our

vu

lnera

ble

/de

pri

ved

in

div

iduals

.

i) T

o d

eliv

er

at

least

10

socia

l tr

ips

for

vuln

era

ble

/old

er

pe

op

le.

ii) T

o b

iann

ua

lly r

evie

w th

e

deliv

ery

of

the join

t C

om

munity

Serv

ices in p

art

ners

hip

with

S

urr

ey H

eath

Boro

ugh C

ou

ncil.

By t

he e

nd

of

Q2

B

y t

he e

nd

of

Q2 a

nd

Q4

DW

: 15 g

roup tri

ps h

ave b

een o

rgan

ised f

or

vu

lnera

ble

/old

er

peo

ple

, so

the t

arg

et

has b

een

exceeded

. D

W: M

eetin

gs b

etw

ee

n D

irecto

rs a

nd M

em

bers

of

each a

uth

ori

ty h

ave

taken p

lace b

etw

een

Q1

-Q3.

To c

ontinue

to s

upport

th

e im

pro

vem

ent of

local

leis

ure

activitie

s.

i) T

o a

chie

ve 3

00

+ c

hild

ren

/yo

ung

peop

le t

akin

g p

art

in th

e S

urr

ey

Youth

Gam

es tra

inin

g p

rog

ram

me

with 1

70

+ a

t th

e e

ve

nt.

By t

he e

nd

of

Q2

S

B:

40

5 y

oun

g p

eop

le t

ook p

art

in th

e S

urr

ey Y

outh

G

am

es tra

inin

g,

and

20

0 r

epre

sente

d R

unn

ym

ede

at th

e e

ven

t itse

lf

2

To take o

pport

un

itie

s f

or

expand

ing o

ur

consulta

tio

n p

rogra

mm

e

with loca

l p

eop

le a

s

resourc

es a

llow

.

i)T

o m

ain

tain

a C

itiz

ens P

anel.

ii) T

o u

nd

ert

ake a

dd

itio

na

l consulta

tio

n a

s r

eso

urc

es a

llow

.

Ongoin

g

O

ngoin

g

SW

: T

here

are

curr

ently 6

6 p

eo

ple

on o

ur

Citiz

ens

Pan

el m

aili

ng lis

t w

ho

are

aged b

etw

een 3

3-8

3,

coveri

ng a

ll th

e m

ain

to

wns a

nd v

illag

es in t

he

Boro

ugh.

We c

onsult w

ith y

ou

nger

peo

ple

separa

tely

as r

eq

uire

d.

SW

: In

Q2,

we h

ave u

nd

ert

aken c

onsultatio

n f

or

a

ne

w A

nti-S

ocia

l B

eha

vio

r P

olic

y, p

lus t

he loss o

f th

e

managem

ent fe

e c

ontr

ibution f

rom

SC

C f

or

those in

IRL s

chem

es o

n H

ousin

g B

enefit.

T

o c

ontinue

de

ve

lopin

g

our

website f

or

com

munic

ating

an

d

transactin

g w

ith

resid

ents

, busin

esses

and o

ther

sta

ke

ho

lders

.

i)T

o c

ontinu

e p

rogre

ss w

ith

the

curr

ent W

eb Im

pro

vem

ent P

lan.

Ongoin

g

M

R: T

he w

ebsite h

as a

ch

ieved

the

maxim

um

rating

of

4 s

tars

follo

win

g t

he late

st S

ocitm

revie

w, p

uttin

g

this

cou

ncil

in t

he t

op 9

% o

f lo

ca

l au

thori

ties

nationa

lly.

Im

ple

menta

tion

of

the r

esp

onsiv

e

website p

roje

ct h

as s

tart

ed a

lth

oug

h it is

ru

nnin

g

slig

htly b

ehin

d t

he in

itia

l pro

ject pla

n d

ue t

o th

e

supplie

r h

avin

g issues in t

he im

ple

menta

tio

n p

hase

.

To c

ontinue

de

ve

lopin

g

our

custo

mer

serv

ice

acro

ss the C

ouncil.

i)T

o im

ple

ment te

leph

on

y

impro

vem

ents

, in

clu

din

g r

evie

w o

f IV

R a

nd c

all

record

ing.

ii)

To h

ave a

n a

ppro

ve

d C

usto

mer

Serv

ice S

trate

gy a

nd

Impro

vem

ent P

lan.

iii)T

o im

ple

ment agre

ed c

usto

mer

serv

ice s

tandard

s a

cro

ss the

org

an

isation.

iv

) T

o in

vestiga

te o

ptions f

or

transactio

na

l en

hancem

ents

in

clu

din

g o

n-l

ine b

ookin

g syste

m,

expansio

n o

f on

-lin

e f

orm

s a

nd

back o

ffic

e inte

gra

tio

n

By t

he e

nd

of

Q1

B

y t

he e

nd

of

Q2

B

y t

he e

nd

of

Q2

By t

he e

nd

of

Q2

LN

: N

ew

soft

ware

inclu

din

g v

oic

em

ail

facili

ty a

nd

ne

w I

VR

ro

uting insta

lled O

cto

ber

20

17 a

nd

sta

ff

train

ing u

ndert

aken N

ovem

ber

17.

LN

: C

usto

mer

Serv

ice S

trate

gy a

nd a

ssocia

ted p

lan

appro

ve

d b

y M

em

bers

in J

uly

17

. LN

+S

W: T

he u

pdate

d s

tan

dard

s h

ave b

een

appro

ve

d b

y C

MC

, b

ut it is f

elt the C

usto

mer

Serv

ices T

eam

needs m

ore

tim

e to s

ettle

befo

re

intr

od

ucin

g th

e c

ha

nges a

cro

ss the o

rga

nis

atio

n.

Subje

ct to

sta

bili

ty b

ein

g e

sta

blis

he

d in C

usto

mer

Serv

ices,

the s

tan

dard

s w

ill b

e im

ple

mente

d b

efo

re

the e

nd o

f Q

4.

LN

: C

RM

an

d o

n-lin

e p

ort

al pro

cure

d S

epte

mber

17. S

oft

ware

bein

g d

eve

loped w

ith

ph

ase 1

(e

-bill

ing)

due t

o g

o liv

e b

y e

nd o

f Q

4.

To take o

pport

un

itie

s f

or

impro

vin

g t

he s

afe

ty o

f our

resid

ents

and v

isitors

.

i)T

o identify

opport

unitie

s t

o

develo

p a

nd e

xpan

d th

e e

xis

ting

CC

TV

syste

m.

ii)T

o f

ulfil

our

Pre

vent

dutie

s.

Ongoin

g

O

ngoin

g

LB

: R

BC

ha

ve b

ee

n invite

d to a

tten

d a

Surr

ey-w

ide

CC

TV

Pro

ject B

oard

, sp

on

sore

d b

y S

urr

ey P

olic

e,

on 2

9/1

1/1

7.

Re

pre

senta

tions w

ill b

e m

ade to

ha

ve

Safe

r R

un

nym

ed

e a

ct

as a

possib

le c

ou

nty

hu

b.

SS

ar:

The a

nn

ua

l tr

ain

ing h

as b

ee

n d

eliv

ere

d t

o

rele

vant

sta

ff, and the

Mem

bers

wh

o w

ishe

d to

vo

lunta

rily

rece

ive

tra

inin

g.

3

iii)

To c

ontin

ue im

ple

menting the

N

ationa

l F

ood H

yg

ien

e R

ating

Schem

e.

Ongoin

g

H

J: S

chem

e c

ontin

ues to

be im

ple

mente

d. T

he

focus o

ver

the

next six

month

s w

ill b

e t

o c

ontinu

e

reducin

g a

nd p

reventing t

he r

ecurr

ence o

f le

vel 0, 1

and 2

rate

d p

rem

ises. T

his

will

be im

pro

ve

d a

s w

e

are

no

w c

harg

ing £

150 f

or

FH

RS

re

vis

its. T

here

fore

as p

aym

ent is

made,

it is e

xpecte

d t

hat

ow

ners

hip

fo

r m

ain

tain

ing s

tan

dard

s f

ollo

win

g r

outine

inspection w

ill b

e s

een a

nd lon

g-t

erm

sta

ndard

s

impro

ved.

To d

eve

lop o

ur

colla

bora

tive w

ork

with

th

e v

olu

nta

ry s

ecto

r and

pro

vid

e m

ore

fundin

g a

s

resourc

es a

llow

.

i)T

o m

ain

tain

our

goo

d

rela

tionsh

ips w

ith t

he v

olu

nta

ry

secto

r.

ii)T

o s

upport

the v

olu

nta

ry s

ecto

r as r

esourc

es a

llow

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Ongoin

g

O

ngoin

g

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tr: F

ollo

win

g a

Str

en

gth

enin

g th

e V

olu

nta

ry

Secto

r T

ask G

roup b

ein

g s

et up

with V

olu

nta

ry

Serv

ices N

ort

h S

urr

ey a

nd R

unn

ym

ede

an

d

Spe

lth

orn

e B

oro

ugh

Cou

ncils

, th

e R

unn

ym

ede

C

om

pact

(an a

gre

em

ent b

etw

een

Govern

ment and

the v

olu

nta

ry s

ecto

r) t

hat

impro

ves o

ur

rela

tio

nship

fo

r m

utu

al ad

va

nta

ge

has b

een r

evie

we

d. A

n

action

pla

n is b

ein

g s

ubm

itte

d f

or

Com

munity

Serv

ices C

om

mitte

e t

o a

pp

rove s

hort

ly.

SS

tr a

nd C

Ho: O

ffic

ers

are

curr

ently r

evie

win

g

oth

er

cou

ncils

’ re

nt

po

licie

s f

or

the th

ird s

ecto

r w

ith

a v

iew

to c

om

ple

ting t

he r

ent re

vie

ws b

y t

he e

nd o

f th

e y

ear

as a

gre

ed w

ith M

em

bers

.

To c

ontinue

in o

ur

ende

avours

to s

upport

th

e a

mbitio

ns o

f re

sid

ents

and b

usin

esses w

here

it

serv

es the

gre

ate

r g

ood

of

the c

om

munity.

i)T

o p

rovid

e g

oo

d q

ualit

y t

imely

re

sponses to p

re-a

pplic

atio

n

enqu

irie

s.

ii)T

o m

eet or

exceed th

e p

lann

ing

app

lication

tim

escale

targ

ets

. iii

) T

o m

eet or

exceed d

ete

rmin

ing

app

lications f

or

bu

ildin

g r

eg

ula

tio

n

appro

va

l w

ith

in t

he t

imescale

ta

rget.

Ongoin

g

O

ngoin

g

O

ngoin

g

CK

: T

he p

re-a

pp

licatio

n s

erv

ice h

as b

een e

nh

ance

d

off

ering a

bro

ader

ran

ge o

f serv

ices a

nd t

he n

ew

off

ering

com

mence

d in S

ep

tem

ber

2017.

CK

: A

ll associa

ted Q

2 p

lan

nin

g p

erf

orm

ance

ind

icato

r ta

rgets

have b

een

exceede

d.

D

J: 100%

of

Bu

ildin

g R

egu

latio

n a

pplic

ations

dete

rmin

ed w

ith

in s

tatu

tory

tim

e p

eriod,

83%

of

app

lications d

ete

rmin

ed w

ithin

10 w

ork

ing d

ays –

ta

rget

80%

.

En

ha

nc

ing

Ou

r E

nvir

on

me

nt

C

orp

ora

te P

rio

rity

K

ey a

ss

ocia

ted

o

bje

cti

ve

(s)

D

ea

dlin

e

Sta

tus

L

ea

d O

ffic

er

an

d c

om

me

nt

To take o

pport

un

itie

s to

make the local

environm

ent m

ore

susta

ina

ble

.

i) T

o d

eliv

er

the Y

ello

w B

us

Schem

e.

Ongoin

g

JS

: W

e a

re c

ontinu

ing t

o d

eliv

er

the c

ontr

act

via

F

irst G

roup s

erv

ing f

our

se

condary

sch

oo

ls in t

he

Boro

ugh.

4

To p

roactively

seek

opport

un

itie

s f

or

regen

era

tion in t

he

Boro

ugh t

o a

ssis

t w

ith

pla

ce s

hap

ing a

nd th

e

enha

ncem

ent of

the b

uilt

environm

ent.

i)T

o c

om

ple

te th

e f

irst phase o

f A

dd

lesto

ne O

ne.

ii)

To c

onclu

de w

heth

er

Runn

ym

ede

Ple

asure

Gro

und h

as

a v

iab

le b

usin

ess c

ase.

By t

he e

nd

of

Q2

By t

he e

nd

of

Q2

JN

R:

Pra

ctical com

ple

tion is p

lan

ned

for

the e

nd o

f Jan 2

018.

PW

: T

he B

usin

ess P

lan

for

Runn

ym

ede

Ple

asure

G

rounds r

efu

rbis

hm

ent

wa

s a

ppro

ved b

y

Com

munity S

erv

ices C

om

mitte

e in S

ep

tem

ber

2017

. F

un

din

g f

or

the p

roje

ct w

as s

ubsequ

ently

appro

ve

d b

y C

orp

ora

te M

anagem

ent C

om

mitte

e

and F

ull

Co

uncil

in O

cto

ber.

i)T

o investig

ate

ne

w o

pp

ort

unitie

s

for

serv

ice d

eliv

ery

(b

y th

e

Council)

to

ne

wly

acqu

ired

corp

ora

te p

ropert

y in o

rder

to

genera

te a

dd

itio

na

l in

com

e.

Ongoin

g

JN

R:

To d

ate

con

tracts

for

Add

lesto

ne

ON

E w

ith

inte

rnal supp

liers

of

serv

ice

s h

ave b

een a

gre

ed f

or

CC

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managem

ent / m

ain

tenance

an

d F

M

Serv

ices w

hic

h a

re w

ort

h m

ore

tha

t £1

00

K p

.a.

For

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am

Busin

ess P

ark

and t

he b

road

er

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e

Industr

ial E

sta

te m

ark

et re

searc

h is b

ein

g

undert

aken to iden

tify

sup

port

for

a b

us s

erv

ice

pro

vid

ed f

rom

Egham

Rail

Sta

tion

to t

he P

ark

usin

g

Com

munity S

erv

ices T

ransport

.

To m

ain

tain

an

d incre

ase

our

asset p

ort

folio

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i) T

o a

cquire s

ound

ne

w

investm

ents

that are

within

budg

et

for

the p

urp

ose o

f ong

oin

g incom

e

genera

tion.

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g

JN

R:

To d

ate

this

has c

reate

d £

11.0

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of

ne

w

gro

ss incom

e.

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urc

ha

ses r

epre

sent a

ble

nd

ed

gro

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ield

of

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75%

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ut

in a

dd

itio

n w

ith t

he

assets

under

co

nstr

uctio

n a

nd a

gre

ed

purc

hases,

a

furt

her

£50M

has b

ee

n a

llocate

d t

hat

will

cre

ate

a

furt

her

£2.5

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f in

com

e.

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e tota

l ne

w g

ross

incom

e is £

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8M

, a b

lend

ed g

ross y

ield

of

5.4

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, w

ell

ab

ove th

e targ

et 5%

an

d w

ith

in t

he

£600

M a

llocate

d c

ap

ita

l bu

dget.

Pro

pert

y

acquis

itio

ns a

re t

here

fore

pro

gre

ssin

g in lin

e w

ith

th

e S

trate

gy a

nd a

lso th

e s

ound

du

e d

ilige

nce

meth

ods a

gre

ed w

ith M

em

bers

.

To c

ontinue

de

ve

lopin

g

our

com

munity r

esili

ence

to e

ffective

ly a

ssis

t in

an

em

erg

ency.

i)T

o m

ain

tain

rela

tionsh

ips w

ith

the e

xis

tin

g m

em

bers

of

the

Com

munity R

esili

ence N

etw

ork

. ii)

To d

eve

lop t

he C

om

munity

Resili

ence

Netw

ork

to a

ssis

t an

em

erg

ency r

esponse.

Ongoin

g

O

ngoin

g

SW

: T

wo e

vents

have b

een

held

recently to s

upp

ort

th

e C

om

munity R

esili

ence G

roups; on

e f

or

the

exis

tin

g T

horp

e &

Egham

Gro

up to d

em

onstr

ate

th

e

work

the

y h

ave b

een d

oin

g a

nd t

o e

nga

ge n

ew

m

em

bers

, and a

noth

er

eve

nt in

wh

ich a

n o

uts

ide

com

munity g

roup

de

livere

d a

pre

sen

tation

on g

oo

d

pra

ctice . F

urt

her

sup

port

was a

lso p

rovid

ed t

o

develo

p t

heir c

om

munity f

lood p

lans a

t th

is e

ven

t, in

whic

h

ten R

un

nym

ed

e g

roups a

ttend

ed.

To r

evie

w a

nd

supp

ort

th

e d

eliv

ery

of

the c

ou

nty

and r

egio

na

l In

frastr

uctu

re S

trate

gie

s.

i) T

o s

upport

SC

C in r

evie

win

g

the c

ou

nty

Infr

astr

uctu

re S

trate

gy.

By t

he e

nd

of

Q2

R

R: C

urr

en

t S

CC

Infr

astr

uctu

re S

tud

y w

as

pub

lishe

d J

an 2

017 b

ut b

ased o

n g

row

th c

on

text

July

201

5. S

CC

reco

gn

ise

s n

eed f

or

up

date

to

re

flect em

erg

ing L

oca

l P

lan

s. R

BC

inp

utte

d into

5

work

shop to d

iscuss u

pdate

of

stu

dy in

Apri

l 201

7.

SC

C a

wa

itin

g f

ina

lise

d r

ep

ort

fro

m A

EC

OM

.

i)T

o s

upport

th

e d

eliv

ery

of

the

county

Infr

astr

uctu

re S

trate

gy.

ii)T

o s

upport

the d

eliv

ery

of

the

re

gio

na

l In

frastr

uctu

re S

trate

gy.

Ongoin

g

O

ngoin

g

RR

: R

BC

has o

ng

oin

g in

volv

em

ent in

a n

um

ber

of

str

ate

gic

infr

astr

uctu

re p

roje

cts

conta

ined

in

SC

C

Infr

astr

uctu

re P

lan.

On

go

ing c

onsultation w

ith

vari

ous tra

nsp

ort

sta

kehold

ers

is takin

g p

lace t

o

ensure

deliv

ery

. R

R: T

fSE

curr

ently o

pera

tes a

s a

shad

ow

bod

y.

The inte

ntio

n is that,

with G

overn

ment a

ppro

va

l, it

will

begin

full

op

era

tion in 2

020.

To r

evie

w o

ur

enfo

rcem

ent

work

, and

manage p

lann

ing

bre

aches, fly t

ipp

ing a

nd

oth

er

environm

enta

l crim

es r

obustly a

nd

pro

active

ly.

i)T

o c

ontinu

e d

eliv

eri

ng a

tr

anspare

nt an

d t

imely

in

vestigation o

f pote

ntial bre

aches

of

pla

nnin

g c

ontr

ol.

ii) T

o c

ontinue

un

dert

akin

g t

imely

in

vestigation o

f una

uth

ori

se

d

work

s a

nd p

ote

ntial bre

ach

es o

f build

ing r

egu

lations.

Ongoin

g

O

ngoin

g

CK

: T

he p

riority

of

investig

atio

n into

majo

r bre

aches

with

in t

he G

reen B

elt a

nd a

ssocia

ted o

ng

oin

g leg

al

actions h

as d

ivert

ed r

esourc

es a

wa

y f

rom

oth

er

investigations. W

hile

th

ese h

igh p

riority

cases h

ave

been

successfu

lly a

ction

ed o

r re

solv

ed o

ther

long

sta

ndin

g c

ases h

ave b

een

dela

ye

d.

DJ: A

ll re

levant

un

auth

orise

d w

ork

s w

ith

the

exceptio

n o

f on

e w

hic

h is s

till

un

der

investigation

, lo

cate

d d

urin

g th

e p

revio

us q

uart

er

ha

ve s

ubm

itte

d

Build

ing R

egula

tion a

pp

ications.

To c

ontinue

main

tain

ing

the s

erv

ices in o

ur

well

regard

ed o

pen s

paces.

i) T

o intr

od

uce a

form

al in

spectio

n

of

cem

ete

ry m

em

orials

. ii)

To insta

ll a n

ew

pla

y s

pace in

M

ars

hall

Pla

ce

.

By t

he e

nd

of

Q1

B

y t

he e

nd

of

Q2

KC

: D

AC

Notification

of

Ad

vic

e h

as n

ow

been

appro

ve

d b

y G

uilf

ord

Dio

ce

se a

nd t

he f

aculty f

or

a

five y

ear

rolli

ng

pro

gra

m w

ill b

e a

pplie

d f

or

once a

sta

rtin

g d

ate

can b

e f

inalis

ed

(expecte

d e

nd o

f Jan

2018).

JH

: T

he n

ew

pla

y s

pace

ha

s b

een s

uccessfu

lly

insta

lled.

iii)

To c

ontin

ue p

rogre

ssin

g the

dig

ita

l m

appin

g o

f th

e C

ou

ncil’

s

trees.

Ongoin

g

C

B+

PS

: 1

9 a

reas h

ave n

ow

bee

n s

urv

eye

d,

avera

ge o

f one

per

we

ek; G

IS te

am

continue t

o

uplo

ad e

ach s

et

of

data

, as n

ew

are

as a

re id

entified

and s

urv

eyed

.

6

Imp

rovin

g O

ur

Eco

no

my

Co

rpo

rate

Pri

ori

ty

Ke

y a

ss

ocia

ted

o

bje

cti

ve

(s)

D

ea

dlin

e

Sta

tus

L

ea

d O

ffic

er

an

d c

om

me

nt

To c

olla

bora

tive

ly w

ork

w

ith L

oca

l E

nte

rpri

se

Part

ners

hip

s, C

ham

bers

of

Com

merc

e, R

unn

ym

ede

Busin

ess P

art

ners

hip

, a

nd

oth

er

loca

l au

thori

ties to

maxim

ise r

esourc

es.

i)T

o c

ontinu

e lia

isin

g w

ith t

he

busin

ess c

om

munity,

inclu

din

g

Runn

ym

ede

Busin

ess

Part

ners

hip

, S

urr

ey C

ounty

C

ouncil’

s E

con

om

y T

eam

, E

M3

Local E

nte

rprise P

art

ners

hip

and U

KT

I to

obta

in fu

nd

ing

for

Runn

ym

ede

.

Ongoin

g

R

R: Join

t R

unn

ym

ede/S

pelthorn

e/E

lmbridge

busin

ess e

ve

nt spo

nsore

d b

y D

IT took p

lace 2

0

Septe

mber

2017.

To f

acili

tate

add

itio

nal

busin

ess s

upport

for

local

busin

esses.

i) T

o d

eliv

er

at

least

one

B

usin

ess L

ea

ders

Din

ner

to

furt

her

develo

p o

ur

rela

tion

ship

s

with loca

l b

usin

esses.

By t

he e

nd

of

Q2

R

R: T

wo B

usin

ess L

eaders

Din

ners

ha

ve b

ee

n

successfu

lly d

eliv

ere

d.

ii)T

o c

ontinue s

upp

ort

ing a

nd

pro

moting th

e r

eg

ion

al G

row

th

Hub.

Ongoin

g

R

R: In

stigate

d a

llia

nce b

etw

een E

M3 L

EP

Gro

wth

H

ub a

nd R

egus c

entr

es to p

rovid

e b

usin

ess c

linic

s

at R

egus c

entr

es in R

unn

ym

ede. G

row

th H

ub

ha

ve

vis

ited R

eg

us a

t R

ourk

e H

ouse a

nd a

ttend

ed t

he

ir

lau

nch a

t th

e e

nd

of

Octo

ber.

O

ffic

ers

will

als

o

org

an

ise a

netw

ork

ing s

essio

n in t

he N

ew

Ye

ar

to

sho

wcase th

e G

row

th H

ub

to th

eir c

lients

with a

vie

w to

sta

rtin

g b

usin

ess c

linic

s in 2

01

8. F

ina

ncin

g

for

the G

row

th H

ub h

as b

een e

xte

nde

d b

y E

M3

LE

P u

ntil O

cto

ber

201

8. F

urt

her

dis

cussio

ns w

ill b

e

held

with G

row

th H

ub o

ver

futu

re f

inancin

g o

f busin

ess s

upport

in t

he B

oro

ugh

to c

om

ple

ment

and b

uild

on s

upport

pla

nn

ed f

or

the E

nte

rprise

Zone.

To s

upport

pro

jects

wh

ich

impro

ve the

in

tegra

tio

n o

f ro

ad a

nd r

ail

to r

educe

congestion.

i)T

o c

ontinu

e lia

isin

g w

ith t

he

busin

ess c

om

munity,

inclu

din

g

Runn

ym

ede

Busin

ess

Part

ners

hip

, S

urr

ey C

ounty

C

ouncil’

s E

con

om

y T

eam

, E

M3

Local E

nte

rprise P

art

ners

hip

, th

e G

row

th H

ub, a

nd U

KT

I to

app

ly f

or

rele

vant fu

ndin

g.

ii) T

o c

om

ple

te r

ele

vant

transport

con

su

lta

tio

ns in o

rder

to lobb

y f

or

Run

nym

ed

e’s

in

tere

sts

.

Ongoin

g

O

ngoin

g

RR

: Join

t H

ousin

g Infr

astr

uctu

re F

und

(H

IF)

bid

for

£100

mill

ion s

ubm

itte

d f

or

A32

0 u

pgra

de in

Septe

mber

2017.

This

is a

join

t b

id w

ith S

urr

ey

Heath

BC

, W

okin

g B

C a

nd S

urr

ey C

C f

or

a

feasib

ility

stu

dy c

urr

en

tly to

look a

t cost of

requ

ired

mitig

atio

n o

n A

320.

RR

: L

iais

on h

as taken p

lace w

ith C

rest N

icho

lson,

EM

3 L

EP

, and

SC

C f

or

the

re to p

ote

ntia

lly b

e a

jo

int consu

lta

tio

n r

espo

nse t

o S

W R

ailw

ays

pro

pose

d 2

018 t

imeta

ble

. In

ad

ditio

n t

here

has a

lso

been

an in

itia

l dis

cussio

n h

eld

with a

re

pre

senta

tive

7

from

SW

R to r

ais

e c

oncern

s, it h

as b

ee

n a

dde

d to

th

e a

gen

da f

or

dis

cussio

n a

t th

e n

ext R

BP

Ste

eri

ng

Gro

up m

eeting,

an

d it

is o

n the C

ouncil

website

’s

ne

ws s

pin

ner

to m

ake the p

ublic

aw

are

. F

ina

lly,

there

has b

een a

respo

nse s

ubm

itte

d f

or

the M

25

Accessib

ility

and I

nte

gra

tio

n S

tud

y a

nd th

e N

etw

ork

R

ail

consu

ltation

on

Wessex R

oute

de

livery

.

To c

ontinue

supp

ort

ing t

he

Surr

ey G

row

th N

arr

ative

pro

ject in

pro

moting t

he

are

a to

attra

ct

ne

w

busin

esses a

s w

ell

as

reta

in e

xis

ting b

usin

esses.

i)T

o c

ontinu

e o

ngo

ing lia

iso

n

with S

urr

ey G

row

th N

arr

ative

sta

ff.

Ongoin

g

RR

: T

here

was a

jo

int

pro

motio

n s

tan

d a

t M

IPIM

(p

ropert

y m

ark

et exhib

itio

n in L

ond

on)

where

we

pro

mote

d L

on

gcro

ss a

nd E

gham

tow

n c

entr

e a

s

develo

pm

ent sites.

To r

educe the r

eta

il and

leis

ure

expe

nd

iture

le

akage f

rom

Runn

ym

ede

into

the

surr

ound

ing a

rea

thro

ug

h th

e p

rovis

ion o

f re

gen

era

tion s

chem

es in

the B

oro

ugh

’s m

ain

centr

es

whic

h e

nh

ance t

he

ir r

eta

il and le

isure

off

er.

i)T

o c

ontinu

e a

dm

inis

trative

support

for

the

Eg

ham

Tow

n

Team

. ii)

To s

upport

the d

eliv

ery

of

SC

C/L

EP

lead

Run

nym

ede

R

oun

dab

out

and E

gham

S

usta

ina

bili

ty P

ackage p

roje

cts

.

Ongoin

g

O

ngoin

g

RR

: S

till

ong

oin

g.

RR

: O

ffic

ers

have h

elp

ed c

om

munic

ate

the

imple

menta

tion o

f w

ork

s f

or

Runn

ym

ed

e

Roun

dab

out

to larg

e b

usin

esses in

th

e im

media

te

are

a. T

he E

DM

is a

lso

work

ing w

ith t

he B

usin

ess

Rate

s M

ana

ger

to try

to

co

ord

inate

com

munic

atio

n

with t

he V

alu

ation O

ffic

e A

gency a

nd c

om

panie

s in

the a

rea a

ffecte

d b

y t

he w

ork

s.

To e

ncoura

ge e

njo

ym

ent of

the h

isto

ric e

nvironm

ent as

part

of

the C

ou

ncil’

s leis

ure

and t

ourism

off

er.

i)T

o w

ork

more

clo

sely

with

Vis

it

Surr

ey t

o p

rom

ote

the t

ouri

sm

off

er

of

the B

oro

ug

h.

Ongoin

g

CH

: V

isit S

urr

ey lin

ks a

re g

ood a

nd w

e a

re

atten

din

g r

egula

r B

oro

ug

h &

Dis

tric

t m

eetings.

To s

upport

the

develo

pm

ent of

the

Boro

ugh

’s E

nte

rprise Z

one

at Lo

ngcro

ss P

ark

.

i)T

o c

onsid

er

investm

ent optio

ns

for

the E

nte

rprise Z

one

. O

ngoin

g

S

W: O

ffic

ers

are

aw

aitin

g t

he f

ina

l vers

ions o

f tw

o

bid

s t

o c

om

e thro

ugh f

rom

Cre

st N

icho

lson a

nd

A

viv

a f

or

the L

oca

l E

nte

rpri

se P

art

ners

hip

an

d th

e

Council

to c

onsid

er

for

fund

ing.

To take o

pport

un

itie

s f

or

add

itio

na

l a

ppre

nticesh

ips

in t

he B

oro

ugh.

i) T

o u

tilis

e t

he a

ppre

nticeship

fu

ndin

g v

ia t

he n

ation

al

Appre

ntice

Le

vy p

rocess to

help

fill

iden

tified

ap

pre

nticeship

gaps.

Ongoin

g

F

S: R

ecru

itm

ent ha

s b

een c

om

ple

ted f

or

the n

ine

appre

ntices.

Six

ha

ve s

tart

ed in th

e Q

2 t

ime p

eriod

.

To c

ontinue

lobb

yin

g f

or

Runn

ym

ede

’s e

con

om

ic

inte

rests

, part

icu

larl

y in

nego

tia

tin

g th

e b

est de

al

for

reta

inin

g B

usin

ess

Rate

s, N

ew

Hom

es

i)T

o c

ontinu

e w

ork

ing w

ith

part

ners

as a

colle

ctive v

oic

e f

or

local go

vern

ment.

ii)

To a

ctive

ly t

ake o

pport

un

itie

s

to lobb

y C

entr

al G

overn

ment fo

r

Ongoin

g

O

ngoin

g

RR

; T

he C

ou

ncil

continu

es to w

ork

with o

ther

loca

l auth

ority

part

ners

on

cro

ss-b

oun

dary

im

pact

pro

jects

such a

s R

iver

Tha

mes S

chem

e, H

eath

row

A

irp

ort

, S

outh

ern

Rail

Acce

ss,

and th

e L

ocal P

lan.

SW

: T

he H

eath

row

Expansio

n M

em

ber

Work

ing

Gro

up h

as a

ppro

ve

d a

con

sultation

response

to t

he

8

Bon

uses, in

frastr

uctu

re

impro

vem

ents

, skill

s

support

, and t

he o

utc

om

e

regard

ing a

possib

le

add

itio

na

l ru

nw

ay a

t H

eath

row

the b

enefit

of

Runn

ym

ede

. R

evis

ed A

irp

ort

s N

ation

al P

olic

y S

tate

ment.

Org

an

isa

tio

na

l D

eve

lop

me

nt

Co

rpo

rate

Pri

ori

ty

Ke

y a

ss

ocia

ted

o

bje

cti

ve

(s)

D

ea

dlin

e

Sta

tus

L

ea

d O

ffic

er

an

d c

om

me

nt

To p

roactively

manage a

nd

develo

p t

he C

ouncil’

s

reputa

tio

n.

i)T

o w

ork

with s

erv

ice m

anagers

to

pla

n p

roactive g

ood n

ew

s

sto

ries/c

am

paig

ns.

ii)T

o m

ain

tain

goo

d w

ork

ing

re

lationsh

ips w

ith t

he m

edia

.

Ongoin

g

O

ngoin

g

MR

: H

igh

lights

have inclu

ded o

pen

ing

of

Add

lesto

ne W

aitro

se b

y t

he

Ma

yor,

van

lin

ked to

flytip

pin

g s

eiz

ed a

nd c

rush

ed, d

efibri

llato

rs in

Runn

ym

ede

park

s, E

gham

Gate

wa

y c

onsu

lta

tio

n in

part

ners

hip

with P

laces f

or

Peo

ple

, n

ew

Egham

Leis

ure

Cen

tre turf

bre

akin

g e

vent,

an

d L

ivin

g W

ell

Week p

rom

otion.

MR

: G

oo

d w

ork

ing r

ela

tio

nship

s c

ontinu

e. T

his

has

inclu

ded

de

ve

lopin

g a

rela

tionship

with T

hat’s

Surr

ey T

V (

freevie

w c

han

nel 7

an

d o

nlin

e)

with

covera

ge o

f L

ivin

g W

ell

Week a

nd b

ulb

pla

nting in

Chert

se

y a

mong o

ther

sto

ries.

To c

ontinue

seekin

g

eff

icie

ncy a

nd incre

ased

eff

ectiveness o

pport

unitie

s.

i) T

o p

repare

a P

eop

le

Mana

gem

ent F

ram

ew

ork

for

agile

work

ing.

ii)T

o r

evie

w t

he E

mplo

ym

ent

Sta

bili

ty P

olic

y.

By t

he e

nd

of

Q2

B

y t

he e

nd

of

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APPENDIX 'B'

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K:\Agendas\Corporate Management Committee\2017\12\APPENDIX C.DocxL:\COMM\JG\2014\11\LATEST VERSION RIPA POLICY.Docx

REGULATION OF INVESTIGATORY POWERS ACT POLICY ________________________________________________________________________________

Contents

Introduction 3

Grounds for Necessity 5

Proportionality . 6

RIPA Compliance and Council Policy . 7

Policy Review 8

Terms and Definitions . 9

Surveillance . 9

Overt Surveillance 9

Covert Surveillance . 9

Different Types of Covert Surveillance . 10

Directed surveillance 10

Intrusive surveillance (not permitted by the Council) 10

Covert Human Intelligence Sources . 10

Definition of CHIS 11

Authorisation Procedures 12

The Standard Forms 12

The Senior Responsible Officer's Role . 13

Management of Records 13

The RIPA Monitoring Officer's Role 14

The Applicant's Role . 15

The Application 15

APPENDIX 'C'

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Making an Application . 16

Authorisation Duration 17

Conduct of Authorisation 17

Renewals . 19

Cancellations 19

Equipment 20

Authorising Officer Responsibilities under RIPA 21

Authorising Officer Responsibilities . 21

Necessity 21

Proportionality 22

Collateral Intrusion 22

Confidential Material 22

Safety and welfare arrangements of a CHIS 23

Local Community Sensitivities 23

Authorisation 23

Authorisation Refused 23

Authorisation Approved 23

Urgent Verbal Authorisations 24

Authorisation Duration 24

Authorisation Review 25

Renewals 25

A new application for authorisation 26

Refusal 26

Cancellations 26

Review upon Cancellation 27

Working with or through other Agencies 28

Record-Keeping 29

Material obtained from Directed Surveillance and/or use of a CHIS operations 30

Confidential Information 30

Social Networking Sites and Internet Sites 30

Complaints 31

Annex 32

AUTHORISING OFFICERS 32

SENIOR RESPONSIBLE OFFICER 32

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Introduction

The Council has a number of regulatory and enforcement responsibilities. These functions are primarily for the purpose of protecting the greater good of the wider community within the jurisdiction of the Council. The regulatory and enforcement activity,activity and the responsibility to ensure the safety of the community requiresrequire the Council to pursue and enforce statutory activity where appropriate. The investigations required to fulfil these duties may require surveillance or information gathering of a covert nature. Article 8 of the European Convention on Human Rights provides: Article 8.1 Everyone has the right to respect for his private and family life, his home

and his correspondence. Article 8.2 There shall be no interference by a public authority with the exercise of

this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of rights and freedoms of others.

This right is not absolute, it is a qualified right. This means that in certain circumstances the Council may interfere with the right if the interference is:

in accordance with the law

necessary, and

proportionate Covert Surveillance and information gathering may constitute an interference with the right to respect for private and family life. To ensure that such activity is in accordance with the law the Council should rely upon the Regulation of Investigatory Powers Act 2000 (RIPA) where appropriate. The Council is listed as a 'Relevant Public Authority' within Statutory Instrument 2010 No. 521. The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010. The Statutory Instrument describes the prescribed office of a person with the authority to authorise directed surveillance or Covert Human Intelligence Source as Director, Head of Service, Service Manager or equivalent. RIPA sets out a statutory mechanism for authorising covert surveillance and the use of covert human intelligence sources.

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RIPA requires the Council to have in place procedures to ensure that RIPA activity is in accordance with the law, compliant with the relevant Codes of Practice. RIPA also provides for oversight by the Investigatory Powers Commissioner’s Offfice (IPCO) Office of Surveillance Commissioners (OSC). The IPCO OSC conduct inspections publish annual reports, and procedures and guidance. The Council endeavours to ensure the guidance provided by these resources, together with case law and Investigatory Powers Tribunal (IPT) judgements, educate and inform policy and procedure within the Council. The Council provides training on a regular basis to ensure relevant personnel have adequate skills and knowledge and are updated in relation to current developments.

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Grounds for Necessity

Necessary The statutory grounds for necessity are set out within the legislation. There are several statutory grounds, however, the Council may only use RIPA authorisation for one statutory ground detailed in Sec 28(3) and Sec 29(3) of the Regulation of Investigatory Powers Act - (b) - The purpose of preventing or detecting crime or of preventing disorder As to if the proposed conduct is necessary, those involved with the process must make reference to the relevant section within the codes of practice, and also the OSC Procedures and Guidance 2016 2010 for guidance. Both applicant and authorising officer must articulate in their own words why the proposed activity is necessary in all of the particular circumstances relating to the case concerned. The lawfulness of the activity relies upon (amongst other issues), necessity. As a consequence of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2012, the circumstances in which local authorities may authorize directed surveillance is now restricted to the investigation of offences which are punishable by a maximum term of at least six months imprisonment or constitutes an offence under sections 146, 147 or 147a of Licensing Act 2003 (sale of alcohol to children) or section 7 of the Children and Young Persons Act 1993 (sale of tobacco to children under 18 years old).

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Proportionality

As to if the proposed conduct is proportionate, those involved with the process must make reference to the relevant section within the codes of practice, and also the OSC Procedures and Guidance 2016 0 for guidance. Both applicant and authorising officer must articulate in their own words why the proposed activity is proportionate in all of the particular circumstances relating to the case concerned. Any consideration of proportionality should contain a consideration of the three elements: (a) that the proposed covert surveillance is proportional to the mischief under

investigation; (b) that it is proportional to the degree of anticipated intrusion on the target

and others; and (c) it is the only option, other overt means having been considered and

discounted The lawfulness of the activity relies upon (amongst other issues) proportionality.

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RIPA Compliance and Council Policy

Although RIPA does not impose a requirement for the Council to comply with it, it is essential for the Council to do so to ensure that it is less vulnerable to a challenge under the Human Rights Act and that any material gathered in accordance with the law. Following the requirements of RIPA and acting in accordance with this Policy, will therefore protect the Council against potential challenges to its decisions and procedures. This document is the Council's policy on RIPA. As such, it should be adhered to unless it is found to conflict with changes in law, or either of the Codes of Practice which have been made under RIPA. The Codes of Practice are admissible as evidence in court and must be complied with. In the event of a trial or hearing this Policy might also be adduced in the court.

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Policy Review This policy will be reviewed on an annual basis. Earlier reviews will take place should circumstances such as changes in law, case reviews, or other similar circumstances so require it. Minor adjustment may be made from time to time. The policy will be presented for review, to Elected Members on an annual basis or earlier if substantial amendment is required.

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Terms and Definitions

Surveillance Surveillance includes: monitoring, observing, listening to persons, watching or following their movements, listening to their conversations and other such activities or communications:

recording anything mentioned above in the course of authorised surveillance

surveillance, by or with, the assistance of appropriate surveillance device(s)

the interception of a communication in the course of its transmission by means of a postal service or telecommunication system if it is one sent by, or intended for, a person who has consented to the interception of the communication.

Surveillance can be overt to covert.

Overt Surveillance Most of the surveillance carried out by the Council will be done overtly. General observations made by officers in the course of their duties constitutes overt surveillance. Warning the person about the surveillance (preferably in writing) constitutes overt surveillance. (Consideration should be given to how long the warning should last. This must be a reasonable length of time and each case must be assessed as to what is reasonable having regard to the circumstances.) Overt surveillance does not require authorisation under RIPA.

Covert Surveillance "Covert Surveillance" means surveillance which is carried out in a manner calculated to ensure that the persons subject to the surveillance are unaware that it is or may be taking place. Covert surveillance does require authorisation under RIPA if other criteria as set out within the codes also apply.

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Different Types of Covert Surveillance RIPA regulates two types of covert surveillance:

Directed Surveillance, and

Intrusive Surveillance; - The Council cannot conduct intrusive surveillance

RIPA also regulates the use of Covert Human Intelligence Sources.

Directed Surveillance Directed surveillance is defined as surveillance which is:

covert,

not intrusive (see definition below)

undertake for the purposes of a specific investigation or specific operation;

carried out in such a manner as is likely to result in the obtaining of private information about a person (whether or not that person is the target of the

investigation or operation); and

undertaken in a pre-planned manner, and not as an immediate response to events or circumstances.

If the proposed activity fulfils all of the criteria for directed surveillance, then RIPA authorisation is required.

Intrusive surveillance (not permitted by the Council) Intrusive surveillance is surveillance in any residential premises or in any private vehicle carried out by a person or by means of a surveillance device on the premises or in the vehicle which provides information of the same quality and details as if it was on the premises or in the vehicle.

Covert Human Intelligence Sources The term Covert Human Intelligence Sources is used to describe people who are more commonly known as informants or officers working "undercover". Throughout this document these people are referred to as "CHIS" This does not include members of the public who volunteer information to the Council as part of their normal civic duties or to contact numbers set up to receive information.

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Definition of a CHIS A person is a CHIS if he/she: establishes or maintains a personal or other relationship for the purpose of:

obtaining information; or

providing access to information to another person; or

discloses information obtained by the use or existence of that relationship RIPA authorisation is required for CHIS activity If a CHIS is to be used there should be a controller who will have overall control of the operation involving the use of the CHIS. If a CHIS is to be used there should be appointed a CHIS Handler who will have day to day responsibility for:

dealing with the CHIS on behalf of the Council;

directing the day to day activities of the CHIS;

recording the information supplied by the CHIS; and

monitoring the CHIS’s security and welfare. The handler of the CHIS will usually be of a rank or position below that of the Authorising Officer. There are particular procedures relating to the conduct and use of CHIS authorisation, together with risk assessment and other procedures. There are also issues relating to the management of the personal details of a CHIS and the information obtained as a result of such activity. Whilst the Council will make use of CHIS authorisation if appropriate, it is a tactic that must be discussed with the Legal Department. There are also special rules for using juveniles or vulnerable persons as CHIS, and only the Chief Executive can authorise such surveillance (or in his absence his nominated deputy.) If the conduct to be authorised may involve the acquisition of confidential or religious material, or require an authorisation for using juveniles or vulnerable persons as CHIS, the Authorising Officer is, by law, the Chief Executive (or in his absence the Assistant Chief Executive who has been nominated to act in his place). Further advice should be sought from the Council's Legal Department in such cases.

Formatted: List Paragraph, Bulleted +Level: 1 + Aligned at: 0.63 cm +Indent at: 1.27 cm

Formatted: Font: 12 pt

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Authorisation Procedures Directed surveillance and the use of a CHIS can only be lawfully carried out if properly authorised and conducted in strict accordance with the terms of the authorisation. All directed surveillance and use of a CHIS shall be:

Applied for in writing (or verbally in cases of urgency)

Authorised by an appointed Authorising Officer and subsequently by a Justice of the Peace

Conducted in accordance with the authorisation

Monitored and reviewed when required and in any case in accordance with reviews set by the Authorising Officer

Renewed if applicable

Cancelled as soon as the objective has been achieved or the activity is no longer to be conducted, whichever is sooner.

The Standard Forms Directed Surveillance Application for directed surveillance authorization Application to Magistrates’ Court Review of directed surveillance authorisation Application for cancellation of directed surveillance authorisation Application for renewal of directed surveillance authorisation Use of a CHIS Application for conduct-use of a CHIS authorisation Review of use of a CHIS authorisation Application for renewal of use of a CHIS authorisation Application for cancellation of conduct-use of a CHIS authorisation The Standard Forms are available from the Senior Responsible Officer.

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The Senior Responsible Officer's Role

The Council's Senior Responsible Officer is (listed in the annex to this document). Responsible for:

the integrity of the process in place within the Council for the management of Covert Human Intelligence Sources and Directed Surveillance

compliance with Part II of RIPA and the Codes of Practice

oversight of the reporting of errors to the relevant oversight Commissioner and the identification of both the cause(s) of errors and the implementation of processes to minimise repetition of errors

engagement with the IPCO OSC inspectors when they conduct their inspections

oversight of the implementation of any post-inspection action plan approved by IPCO OSC

ensuring that all Authorising Officers are of an appropriate standard in light of any recommendations in the inspection reports by the IPCO Office of the Surveillance Commissioner

Preparing and presenting reports for elected members, and presenting the policy on a regular basis to the elected members for review.

Management of Records

The Senior Responsible Officer is responsible for ensuring a central register of authorisations is maintained. The register and all associated documents relating to authorisations, reviews, cancellations, or renewals and refused applications should be retained in an auditable format, with each particular authorisation allocated a unique reference number for that particular investigation or activity. The Senior Responsible Officer is responsible for making regular reports to Elected Members. The Senior Responsible Officer is responsible for submitting annual statistics to the IPCO OSC in relation to authorisations. The Senior Responsible Person is also responsible for communicating to the IPCO OSC any unauthorised activity that might come to the attention of the authority. This must be done within 5 working days. The records, documentation, and associated documentation relating to this unauthorised activity must be retained by the Senior Responsible Officer and disclosed to the IPCO OSC upon request, and certainly to an inspector from the IPCO OSC at the commencement of the next scheduled inspection. Management of the records by the Senior Responsible Officer requires that person to carry out sufficient audit and checking in order to provide for a reasonable level of quality control. Any identified issues should be communicated with the authorising officer and any others concerned in order to ensure review drives improvement in compliance.

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The Elected Members are responsible for checking the consistency of the report with this policy. They will not, however, be involved in making decisions on specific authorisations.

The RIPA Monitoring Officer's Role The Council's RIPA Monitoring Officer is (listed in annex to this document). Responsible for:

maintaining the central register of authorisations and collating the original applications/authorisations, reviews, renewals and cancellations

oversight of submitted RIPA documentation

organising a RIPA training programme

raising RIPA awareness within the Council

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The Applicant's Role The Application You will need to consider: Whether covert surveillance is needed Consideration must be given as to whether covert surveillance is needed. You are advised to discuss the need to undertake directed surveillance or the use of CHIS with your line manager before seeking authorisation. All other options to obtain the information to be obtained by the authorised activity should be considered and used if appropriate. Whether directed surveillance or use of a CHIS is needed You must establish what type of "surveillance" is required having regard to the guidance contained in this document. The type of surveillance you require affects which application forms you need to complete. Whether directed surveillance or use of CHIS is necessary for statutory reasons (identify the particular offence to be prevented or detected, or what disorder is to be prevented) Authorisation may only be granted if it is necessary for the reason permitted by RIPA. For local authorities the only statutory reason is for the purposes of preventing and detecting crime or of preventing disorder (and now for certain offences only). You must set out this ground in your application form and provide details of the reasons why it is necessary to use covert surveillance. Whether directed surveillance or use of a CHIS is proportionate You must consider why the activity applied for is proportionate. The methods must do no more than ensure you meet your objective. The proportionality test will also require you to consider whether there are any other appropriate means of obtaining the information and whether there is a risk of collateral intrusion (see consideration below) and how this can be minimised or managed, or if it is acceptable in the circumstances. The following aspects of proportionality must be considered and evidenced:-

balancing the size and scope of the proposed activity against the gravity and extent of the perceived crime or offence

explaining how and why the methods to be adopted will cause the least possible intrusion on the target and others

considering whether the activity is an appropriate use of the legislation and a reasonable way, having considered all reasonable alternatives, of obtaining the necessary result

evidencing, as far as reasonably practicable, what other methods have been considered fully and why these were not implemented.

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The risk and amount of collateral intrusion Collateral intrusion is the risk of intrusion into the privacy of persons other than the target. You are required to assess the risk of collateral intrusion. Details of any potential collateral intrusion should be specified. Measures must be taken wherever practicable to avoid or minimise collateral intrusion and a plan should be included in your application specifying how the potential for collateral intrusions will be minimised. You should give as much detail as possible, insufficient information may lead to the rejection of the application. Conduct a risk assessment in relation to health and safety of personnel and public (not a statutory requirement under RIPA, but an operational requirement) This requirement is not in relation to compliance with RIPA. However, it is a fundamental requirement when conducting any activity at work. The risk assessment helps the line manager and the authorising officer to consider if the health and safety risks to personnel and public are identified, and if possible measured and controlled, and only the level of risk to be taken will be that which reflects the benefit to the authority. Consideration: Surveillance from private premises It is preferable for surveillance to be carried out from a public place, such as a public highway. However, there may be circumstances where private premises may be required for the carrying out of surveillance. In which case, it is essential that you obtain the consent of the owner and/or occupier of the premises prior to authorisation being sought. You should seek further guidance from the Council's Legal Department since there are other considerations in relation to management of CPIA Disclosure, and use of the product of the surveillance as evidence.

Making an Application All applications must be made in writing on the standard forms provided. The relevant forms are:

An application for directed surveillance authorization, and/or

An application for use of a CHIS

An application to a Justice of the Peace The considerations set out above, form part of the application form. In urgent cases, verbal authorisation may be sought and authorisation recorded in writing. The same considerations and actions as set out above should be considered and recorded, and the original documents and notes provided with a reference number and submitted to the central register of records.

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Cases should only be regarded as urgent if there is a likelihood of endangering life or jeopardising the investigation or operation if authorisation is not immediate. An urgent verbal authorisation may last for 72 hours. However, if the surveillance continues and there is opportunity before the expiration of 72 hours, authorisation in writing should be applied for and authorised if appropriate. There is no power for local authorities to grant oral authorisations. All authorisations, even if urgent, must be made in writing.

Authorisation Duration An authorisation for Directed Surveillance will last for three months from the date of authorisation unless renewed. It must be cancelled as soon as it is no longer required. An authorisation for use of an adult CHIS will last for 12 months from the date of authorisation unless renewed. It must be cancelled as soon as it is no longer required. Urgent authorisation for either Directed Surveillance or use of a CHIS will last 72 hours beginning with the time when the authorisation was granted, unless subsequently endorsed by written authorisation. Review dates for the authorisation will be set by the Authorising Officer. During the course of an investigation the type and seriousness of offences may change. The option of authorizing directed surveillance is dependent on the offence under investigation attracting a sentence of a maximum six months imprisonment or more or being related to the underage sale of alcohol and tobacco. Providing the offence under investigation is one which appears on the statute book with at least a maximum six months term of imprisonment or is related to the specific offences listed in the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 as amended, concerning the underage sale of alcohol or tobacco, an application can be made. However, if during the investigation, it becomes clear that the activity being investigated does not amount to a criminal offence or that it would be a less serious offence that does not meet the threshold the use of directed surveillance should cease. If a directed surveillance authoriszation is already in force it should be cancelled.

Conduct of Authorisation It will be the responsibility of the applicant and persons conducting the authorised activity to ensure that any Directed Surveillance or use of a CHIS is only undertaken under an appropriate and valid authorisation. During the surveillance, you should ensure:

Surveillance is carried out in accordance with the authorisation

Collateral intrusion is monitored and minimised as far as possible

Intrusive surveillance is not carried out

All information obtained is recorded and managed appropriately and in accordance with the Data Protection Act (subsequently other legislation such as PACE and CPIA are likely to apply to the product of the surveillance).

Formatted: Font: Bold, Underline

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During the use of CHIS, you should also ensure that the source is aware that:

Only the tasks authorised are carried out

Third party collateral intrusion is minimised as far as possible

Intrusive surveillance is not carried out

Agent Provocateur (Entrapment) is not committed

They must regularly report to you You should also be mindful of the date when reviews and renewals are required.

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You must inform the Authorising Officer if the authorised activity unexpectedly interferes with the privacy of individuals who are not covered by the authorisation or if there is another change in circumstances usually brought about by unforeseen action. When the original authorisation may not be sufficient, consideration should be given to whether the authorisation needs to be amended and re-authorised (for minor amendments only) or whether it should be cancelled and a new authorisation obtained. The relevant forms should be used. Particular care should be taken when using a CHIS to ensure that authorisation is sufficient. It is difficult to predict what might occur each time a meeting with a CHIS takes place. If unforeseen action takes place, the occurrence should be recorded as soon as possible after the event and the sufficiency of the authorisation must be considered. You must bring to the attention of the Authorising Officer any concerns about the personal circumstances of the CHIS in relation to: the validity of the risk assessment; the conduct of the CHIS; the safety and welfare of the CHIS.

Renewals Once the authorisation expires, surveillance must cease unless a renewal has been applied for and approved (by both the Authorising Officer and a JP). If it appears that the directed surveillance or use of a CHIS is needed beyond the authorisation date, you must seek a renewal of the authorisation. You must consider whether covert methods are still necessary and proportionate. An application for renewal for either Directed Surveillance and/or use of a CHIS should be made on the relevant form and passed to the Authorising Officer for consideration. Authorisation for renewal may be sought verbally, but only in exceptional circumstances.

Cancellations All authorisations, including renewals, must be cancelled if the reason why Directed Surveillance or use of a CHIS was required no longer exists or is no longer proportionate. This will occur in most instances when the purpose for which surveillance was required has been achieved and officers must be mindful of the need to cancel any authorisation which has been issued. To cancel an authorisation, you should complete the Cancellation of Authorisation form and submit it to the Authorising Officer for the Authorising Officer to cancel the authorised activity.

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Equipment Equipment and surveillance logs should be allocated from a central record of equipment, and an audit trail maintained in relation to the equipment and surveillance logs. Upon cancellation all equipment in use must be removed immediately or else as soon as practicable, since further recordings will amount to unauthorised surveillance.

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Authorising Officer Responsibilities under RIPA The Council's Authorising Officers are (listed in the annex to this document). If the conduct to be authorised may involve the acquisition of confidential or religious material, or require an authorisation for using juveniles or vulnerable persons as CHIS, the Authorising Officers is, by law, the Chief Executive (or in his absence one of the Corporate Directors). Authorising Officers should not be responsible for authorising investigations or operations in which they are directly involved. If this is the case, the application form for authorisation should be noted to this effect together with an explanation as to why this has taken place. Authorising Officer Responsibilities Responsibility for authorising the carrying out of direct surveillance or using a CHIS rests with the Authorising Officer and requires the personal authority of the Authorising Officer. You must be satisfied that a defensible case can be made for the conduct authorised. Authorisation is a safeguard against the abuse of power by public authorities. Full consideration of necessity and proportionality will make the action less vulnerable to challenge. You should refer to both the relevant Codes of Practice, and the OSC Procedures and Guidance 20160 when fulfilling your role, and if required seek the guidance of the Legal Department and Senior Responsible Officer on issues that you are uncertain about. You are required to consider the application for authorisation in relation to the following: Crime Threshold Amendments to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 mean that a local authority can now only grant an authorization under RIPA for the use of directed surveillance where the local authority is investigating particular types of criminal offences. These are offences which attract a maximum custodial sentence of six months or more or are offences relating to the underage sale of alcohol or tobacco. Necessity Firstly, you must consider whether it is necessary to carry out the covert activity. This is an important consideration and must be recorded on the form. The Codes of Practice and OSC Procedures and Guidance 20160 both provide guidance in relation to this consideration. Secondly, as authorisation may only be granted if it is necessary for the reason permitted by RIPA. You should consider, having regard to the outline of the case provided by the applicant, whether authorisation is necessary for the purposes of preventing or detecting certain crimes only crime or of preventing disorder.

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Proportionality This involves balancing the intrusiveness of the activity on the target and others who may be affected by it (see "consideration: risk of collateral intrusion" below) against the need for the activity in operational terms. The Codes of Practice and OSC Procedures and Guidance 201601 both provide guidance in relation to this consideration. Collateral Intrusion You must take into account the risk of interfering with the privacy of persons other than the target (collateral intrusion). Full details of potential collateral intrusion and the steps to be taken to minimise such intrusion must be included in the form. If there are insufficient details further information should be sought. Collateral intrusion forms part of the proportionality test and is therefore very important. The application form should detail expected collateral intrusion, what has been done to minimise or control it, why the expected level is unavoidable but acceptable in the circumstances, what other investigative methods have been pursued or considered, and why this activity is the chose option. If equipment is to be used you should enquire with the operative as to its capability and the extent to which it is to be used in order to be able to recognise what might be recorded.

Confidential Material In cases where through the use of the directed surveillance or the use of a CHIS, it is likely that knowledge of confidential information will be acquired, authorisation may only be granted by the Chief Executive or in his absence his nominated deputy. Confidential information consists of matters subject to legal privilege, confidential personal information or confidential journalistic material. Authorisation involving the acquisition of confidential information should only be given in exceptional and compelling circumstances having full regard to the proportionality issues involved. Further details about the type of information covered under this category are to be found in the relevant Code of Practice. Further advice may be sought from the Council's Legal Department.

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Safety and Welfare arrangements of a CHIS When authorising the conduct or use of CHIS, you must be satisfied:

That the conduct and/or use of the CHIS is proportionate to what is sought to be achieved;

That arrangements exist for the management and oversight of the CHIS, particularly the health and safety of the CHIS including:

Identifying the person who will have day to day responsibility for dealing with the CHIS

Security and welfare arrangements of the CHIS both during and after the investigation/operation

Monitoring and recording the information supplied by the CHIS

Ensuring records disclosing the identity of the CHIS will not be made available to persons except where there is a need for access to them

Records relating to the CHIS meet the lawful requirements (CHIS Records). Local Community Sensitivities You should consider whether there are any particular sensitivities in the local community where surveillance will be taking place. Authorisation Having taken all these factors into consideration, you may either approve the application or refuse it. You can authorise some of the activity applied for, but cannot add and authorise other activity you feel is appropriate. If there is further activity that should be conducted that is not contained within the application, a further application will be required, and then considered upon its merits. Authorisation Refused You must complete the form and give your reasons for refusal. Then follow the procedures below ("I have completed the form what do I do with it?"). Authorisation Approved The applicant or operative responsible for the conduct authorised must be informed exactly what activity has been authorised. Before the Authorisation can take effect, the local authority must obtain an order approving the Authorisation or a renewal from a JP (a District Judge or lay magistrate). If the JP is satisfied that the statutory tests have been met and that the use of the technique is necessary and proportionate he/she will issue an order approving the grant or renewal as set out in the Authorisation.

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Regular reviews should be set and undertaken to assess the continued need for surveillance or use of a CHIS and whether it is still proportionate. Where the surveillance or use of a CHIS provides access to confidential information or involves collateral intrusion, reviews should be more frequent. You will therefore need to consider a relevant appropriate Review Date(s) Both types of authorisation require you to specify a date when the authorisation should be reviewed (the Review Date) and the frequency of the review thereafter. This must be stated on the form. Urgent Verbal Authorisation Urgent authorisations should not be necessary. In exceptional circumstances, however, urgent authorisations may be given orally if the time that would elapse before a written authority can be granted would be likely to endanger life or jeopardise the investigation or operation for which the authorisation was being given. It will not be deemed urgent where the need for authorisation has been neglected or is of the officers own making. The same matters as set out above for a written application must be considered before a verbal authorisation is granted and before it may be implemented. It is good practice for both applicant and you to make notes of what the applicant says, and what you authorise. Urgent authorisations last for no more than 72 hours. The original notes must be placed with the central record of authorisations. If there is a subsequent written authorisation, the notes should be appended to this authorisation, and the relevant boxes within the form relating to urgent authorisation should be completed. Upon authorisation or refusal the applicant must be made aware of exactly what conduct has been authorised, and in the event of a refusal, or reduction in activity authorised, the reasons should be recorded on the form and communicated to the applicant. There will still be a need to obtain a JP order before the authorisation can be implemented. Authorisation Duration An authorisation for Directed Surveillance will last for three months from the date of authorisation unless renewed. An authorisation of use of a CHIS will last for 12 months from the date of authorisation unless renewed.

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Urgent authorisation for either Directed Surveillance or use of a CHIS will last 72 hours beginning with the time when the authorisation was confirmed by a JP, unless subsequently endorsed by written authorisation. Authorisation Review It is important to set a review date which gives the opportunity to review the level of collateral intrusion and the effectiveness of the methods used. Reviews should be more frequent to reflect any particular concerns you might have. If surveillance is to be continued, set another review date. If the authorisation is to be cancelled, submit the relevant signed cancellation form. Renewals Once the authorisation expires, surveillance must cease unless a renewal has been applied for and approved. You may apply for a renewal of an authorisation before it expires if it is necessary for the authorisation to continue for the purpose for which it was given (but a further JP confirmation will still be required). You must consider the application for renewal in relation to the original purpose for which authorisation was granted, taking into account any change in circumstances. You should be satisfied that:

There is a need to renew the authorisation (applying the test of necessity)

That such a renewal is likely to contribute to the investigation or operation (it is proportionate to the aim)

That the information could not be reasonably obtained by other less intrusive means

The risk of collateral intrusion has not altered - you should consider what collateral intrusion has occurred

The risks associated with the use of a CHIS have not increased beyond an acceptable level.

The outcome of a consideration for renewal may lead to:

Approval

A new application

Refusal If you decide to approve a renewal you will need to provide details of why in your opinion you believe the renewal is justified, and state the date and time when the renewed authorisation will commence and expire on the application form, prior to applying to a JP for confirmation. The maximum time that renewal of authorisation can be approved for, is three months at a time for directed surveillance and 12 months for the use of a CHIS. You should also set appropriate Review Dates.

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A new application for authorisation If the application circumstances resulting in the original authorisation have changed then the outstanding authorisation should be cancelled and new authorisation sought by way of a new application. You will need to note the refusal to renew the application on the renewal form setting out the reasons for your decision. You will also need to follow the procedures for cancellation and advise the applicant to seek new authorisation. Refusal If in your opinion surveillance is no longer required, or justified, or proportionate, the renewal should be refused and the authorisation cancelled. You will need to note on the renewal form your reasons for refusal. Cancellation All authorisations, including renewals, must be cancelled if the reason why directed surveillance or use of a CHIS was required no longer exists or is no longer proportionate. This will occur in most instances when the purpose for which surveillance was required has been achieved and officers must be mindful of the need to cancel any authorisation which has been issued. A cancellation should be issued at the expiry date if not before. The responsibility to ensure that authorisations are cancelled rests with the Authorising Officer. If you think cancellation should have been applied for, then you should make enquiries as part of your monitoring of the authorisation. On receipt of the cancellation form you must consider the reasons for cancellation and if acceptable endorse the form. As soon as the decision is taken that directed surveillance or use of a CHIS should be discontinued, the instruction must be given to those involved to stop all surveillance of the subject. The date and time when such an instruction was given should be recorded on the cancellation form. Where necessary the safety and welfare of the CHIS should continue to be taken into account after the authorisation has been cancelled. All equipment should be retrieved and recording ceased. The product of the authorised activity is your responsibility, not in so much as you personally take possession of it, but you ensure directions and processes are in place to ensure its appropriate management in accordance with Data Protection and other relevant legislation.

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Review upon Cancellation There should be a full review of the usefulness of the authorised activity. This should include what has been achieved and what was not. The review should identify why any objectives were not achieved. This information should be recorded and presented upon inspection by the IPCO OSC Inspector. The information should also be used by all involved in the procedures in order to educate future applications and authorisations.

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Working with or through other Agencies When some other agency has been instructed on behalf of the Council to undertake some action under RIPA, this Policy and the forms referred to in it, must be used in the normal way and the agency advised as necessary of the various requirements. They must be made aware explicitly what they are authorised to do. They are acting as agents of the Council, and must follow the same procedures as Council personnel. It is possible for two public authorities to carry out a joint directed surveillance investigation or use of a CHIS. It must be decided which of the authorities is to take the lead role. The Authorising Officer from the lead organisation must make the decisions on the necessary and proportionality of the surveillance or use of a CHIS . This Authorising Officer authorises the activity he or she feels appropriate. If resources such as personnel or equipment belonging to the other agency within the investigation are to be used, the authorisation must be seen and then the use of the resources authorised by the relevant line manager.

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Record Keeping The Council must keep a detailed record of all authorisations, renewals, cancellations and rejections in Departments and a Central Register of all these forms will be maintained and monitored by the Senior Responsible Officer. In all cases, the following documentation must be retained:

the application and authorisation together with (i) any supplementary documentation and notification of the approval given by the Authorising Officer and (ii) the JP Order

a record of the period over which the surveillance has taken place;

the frequency of reviews prescribed by the Authorising Officer;

a record of the result of each review of the authorisation;

a copy of any renewal of an authorisation, together with (i) the supporting documentation submitted when the renewal was requested and (ii) the requisite JP Order

the date and time when any instruction was given by the Authorising Officer

a record of the use made of any CHIS. The Council will retain records in accordance with the Data Protection Policy. However, records should be retained at least until the next IPCO OSC inspection, and consideration should be given to use as evidence or unused material in pending trials or appeals.

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Material obtained from Directed Surveillance and/or use of CHIS operations Material, or product, such as: written records (including notebook records); video and audio recordings; photographs and negatives; and electronic files, obtained under authorisation of Directed Surveillance or use of a CHIS investigations or operations should be handled, stored and disseminated according to the following guidance and with regard to the Council's Data Protection Policy. Where material obtained during the course of an investigation may be relevant to pending or future criminal or civil proceedings, it should be retained in accordance with the established disclosure requirements having regard to the Criminal Procedure and Investigations Act 1996 and Civil Procedure Rules. Where material is obtained which is not related to a criminal or other investigation, or to any person who is the subject of the investigation, and there is no reason to suspect that it will be relevant to any future civil or criminal proceedings, it should be assessed for retention or destruction under the Council's Data Protection Policy. Material may be used in investigations other than the one for which authorisation was issued. Confidential Information This is privileged information from, for example, lawyers, doctors, priests etc. Where such persons are involved, and there is a possibility that you may be obtaining confidential material, then further additional precautions must be taken. If this is the case, seek appropriate advice from the Council’s Legal Department.

Social Networking Sites and Internet Sites Occasionally officers may be alerted to information on social media which may be pertinent to an investigation. When using social media sites for gathering evidence to assist in enforcement activities, officers should note that the fact that digital investigation is routine or easy to conduct does not reduce the need for authorisation. Care must be taken to understand how the specific social networking site being used works, particularly in relation to privacy settings. Whilst it is the responsibility of an individual to set privacy settings to protect against unsolicited access to their private information on a social networking site, and even though the data may be deemed published and no longer under the control of the author, it is unwise to regard it as ‘open source’ or publicly available; the author has a reasonable expectation of privacy if access controls are applied. Where privacy settings are available but not applied,applied the data may be considered open source and an authorisation is not usually required. Repeat viewing of ‘open source’ sites may constitute Directed Surveillance and this should be borne in mind. To ensure compliance with regulations:

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Officers must not create a false identity in order to ‘befriend’ individuals on social media networks without authorisation under RIPA. If it is necessary and proportionate for the Council to covertly breach access controls, an authorisation for Directed Surveillance will be required. An authorisation for the use and conduct of a CHIS is necessary if a relationship is established or maintained by the officer.

Officers viewing an individual’s public profile on a social network should do so only to the minimum degree necessary and proportionate.

• Legal advice should be taken in advance as to whether repeated viewing of

open profiles on social networks to gather evidence or to monitor an ‘individual’s’ status for a specific investigation will require RIPA authorisation.

• Officers should also be aware that it is not possible to verify the accuracy of

information on social networking sites, and if such information is to be used as evidence, take reasonable steps to ensure its validity.

In the event that it is necessary to utilise online covert identities/pseudonyms, pursuant to a RIPA authorisation, these must be centrally logged by the Senior Responsible Officer and a record made of what research activity is conducted, details of which should be reported to the relevant Authorising Officer during routine reviews or, where applicable, a cancellation. If it necessary and proportionate for the Council to covertly breach access controls, the minimum requirement is an authorisation for directed surveillance. An authorisation for the use and conduct of a CHIS is necessary if a relationship is established or maintained by the officer (i.e. the activity is more than mere reading of the site’s content). This could occur if an officer covertly asks to become a ‘friend’ of someone on a social networking site.





Formatted: Indent: Left: 1.27 cm













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Complaints The Regulation of Investigatory Powers Act has established an Independent Tribunal. This Tribunal is made up of senior members of the judiciary and the legal profession and is independent of the Government. The Tribunal has full powers to investigate and decide any cases within its jurisdiction. It also has the power to award compensation. Details of the relevant complaints procedure can be obtained from the following address: Investigatory Powers Tribunal P O Box 33220 London SW1H 9ZQ Other actions that could be taken against the Council for failing to meet the requirements of RIPA are civil proceedings under the Human Rights Act 1998 or a complaint to the Ombudsman.

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Annex AUTHORISING OFFICERS The following Officers, regardless of their current job titles, shall be designated Authorising Officers on behalf of the Council under the Regulation of Investigatory Powers Act 2000. It is feasible that some job titles may change with effect from 1 April 2011. Paul Turrell Chief Executive Mario Leo Corporate Head of Law and Governance Jane Margetts Corporate Director Head of Housing and Community Development Peter McKenzie Corporate Director Head of Resources Nigel Boyd Head of Revenues and Benefits SENIOR RESPONSIBLE OFFICER Mario Leo - Corporate Head of Law and Governance RIPA MONITORING OFFICER Mario Leo - Corporate Head of Law and Governance

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