PROCEDURE Appendix 2

INTRODUCTION

This Procedure sets out the Council's procedures for the authorisation of surveillance operations.

INDEX

1. General

1.1 Controls on covert surveillance were introduced as a consequence of the Human Rights Act 1998 which enshrined the European Convention on Human Rights into UK law, came into effect on 2 October 2000.

1.2 The Regulation of Investigation Powers Act 2000 (RIPA) and its subordinate legislation, defines what circumstance are to be considered as `covert surveillance'. The definition is set out in paragraph 3.1. If the circumstances in which an officer is proposing to operate falls within the definition, the requirements of paragraph 2 must be followed precisely.

1.3 The Regulation of Investigatory Powers Act 2000 and its subordinate legislation defines persons who are considered to be `covert human intelligence sources'. If the circumstances in which the officer is proposing to operate falls within the definition, the requirements of paragraph 3 must be followed precisely.

1.4 Part I of the Regulations of Investigatory Powers Act 2000 and its subordinate legislation relates to the Interception of Communications. Where a telephone conversation is to be intercepted or recorded the requirements of Paragraph 4 must be followed precisely.

2. Covert Surveillance

2.1 Introduction

It is essential that the requirements for authorisation are followed at all times as any enquiry or investigation will be completely compromised if any error of judgement is made on this issue.

There is no doubt that defence advocates will be scrutinising our actions. For that reason EVERY covert operation should be authorised even if there may be some doubt to whether authorisation under RIPA is required.2.2 Surveillance

`Surveillance' is defined in Section 48 of the Act and includes:

a) `monitoring, observing or listening to persons, their movements, their conversation or their other activities or communications.

b) recording anything monitored, observed or listened to in the course of surveillance

c) surveillance by, or with the assistance of a surveillance device'.

A `surveillance device' is defined in Section 48 of the Act as meaning:

`any apparatus designed or adapted for use in surveillance'.

This is very wide in definition but it is not believed that binoculars or cameras are considered to be surveillance devices. However in the early stages of RIPA we may wish to consider them as surveillance devices.

Surveillance does not include any conduct of a covert human intelligence source for obtaining or recording any information which is disclosed in the presence of the source. However see Paragraph 3 on Covert Human Intelligence Sources.

2.3 Covert Surveillance

Surveillance becomes `covert' once it falls within the definition in Section 26(9)a).

`Surveillance is covert if, and only if, it is carried out in a manner that is calculated to ensure that persons who are subject to the surveillance are unaware that is or may be taking place.'.

Covert surveillance is divided into two categories:-

(i) intrusive surveillance

(ii) directed surveillance

2.3.1 Intrusive Surveillance

INTRUSIVE SURVEILLANCE CANNOT BE UNDERTAKEN BY AN OFFICER OF HAMPSHIRE COUNTY COUNCIL IN ANY CIRCUMSTANCES.

However, in order to ensure that no officer strays into this area of surveillance its provisions are set out here.

Intrusive surveillance is defined by Section 26(3) and 26(5) of RIPA.

`Surveillance is intrusive if, and only if, it is covert surveillance that

a) is carried out in relation to anything taking place on any residential premises or in any private vehicle and

b) involves the presence of an individual on the premises or is carried out by means of a surveillance device on the premises.

Intrusive surveillance may also be carried out using remote surveillance equipment if the equipment consistently provides information of the same quality and detail as might be expected to be obtained from a device actually present on the premises or vehicle.

`Residential premises' are defined in Section 48(1) RIPA, as

`so much of any premises as is for the time being occupied or used by any person, however temporarily for residential purposes or otherwise as living accommodation including hotel or prison accommodation.

`Private vehicle' is defined in Section 48(1) RIPA, as

`any vehicle which is used primarily for the private purposes of the person who owns it or of a person having the right to use it'.

PARTICULAR CARE NEEDS TO BE PAID TO ANY OPERATION OR ENQUIRY INVOLVING RESIDENTIAL PREMISES OR PRIVATE VEHICLES TO ENSURE THAT INTRUSIVE SURVEILLANCE IS NOT CARRIED OUT.

2.3.2 Directed Surveillance

Surveillance is directed if it fulfils the requirements of Section 26(2) of RIPA.

`Surveillance is directed if it is covert, but not intrusive, and is undertaken

a) for the purposes of a specific investigation

b) in such a manner as is likely to result in the obtaining of private information about a person, whether or not one specifically identified for the purposes of the investigation or operation and

c) otherwise that by way of an immediate response to events or circumstances the nature of which is such that it would not be practicable for an Authorisation to be sought for the carrying out of the surveillance.

NOTE: The Code of Practice indicates that an immediate response is one which is required when an officer on duty unexpectedly discovers a crime in the course of being committed.

`Private Information' is defined in Section 26(1) of RIPA.

'Private Information in relation to a person includes any information relating to his private or family life'.

2.4 Authorisation

2.4.1 Directed covert surveillance operations must be authorised in advance.

Authorisations may be granted by "an Assistant Chief Officer or an officer responsible for the management of an investigation". More senior officers may also give authorisation. These officers are referred to as 'Authorising Officers'.

It should be noted that an Authorising Officer should not have direct involvement in the conduct or supervision of an investigation.

A higher level of authorisation is required where Confidential Material may be discovered.

2.4.2 The Home Office has prescribed a form for officers to apply for authorisation. This form, as with all others used for RIPA may be personalised for particular Departments but should follow the Home Officer forms as closely as possible.

2.4.3 Application for an Authorisation should be made on Form S.1. Authorisations last for 3 months and must be given in writing. However, Section 43 of RIPA allows for renewals.

Renewal of Authorisation can be applied for by means of Form S.2. However, covert surveillance should be carried out expeditiously as soon as authorisation is granted. It is envisaged that surveillance will be completed within a few days as renewals will only occur in exceptional circumstances.

A Cancellation form should be completed in respect of every authorisation, as soon as the surveillance is concluded. Form S.3 should be used for this purpose.

2.4.4 Completion of the Authorisation Application Form

i) The applicant should complete the form in conjunction with the Authorising Officer if necessary.

The initial details required are:-

a) the Department

b) the applicants full name and office address

c) team or division identity

d) office telephone number

e) operation name (if there is one)

f) Operation Reference number

ii) SECTION 1: Position of Authorising Officer. The exact post title should given.

Where 'confidential material' may be discovered special authorisation is required. Section 13 of the form should be completed by the applicant. Authorisation for the discovery of Confidential Material MUST be given by the Head of the Paid Service. This should be the Chief Executive or in his absence (ONLY), the Chief Officer.

Confidential material relates to that which is subject to:-

a) legal privilege

b) confidential journalistic material

c) confidential personal information, being information on the

subject's physical or mental health or access to spiritual

counselling.

If it is necessary to examine material subject to legal privilege, advice should be sought from a solicitor in the Chief Executive's Legal Practice who may need to be present during the surveillance and/or entry to premises.

iii) Section 2: Conduct or purpose of operation to be authorised.

iv) Section 3: Grounds on which the action is necessary.

The appropriate box(es) should be ticked.

v) Section 4: Why surveillance is necessary.

vi) Section 5: Proportionate Surveillance

Little guidance is currently available on what constitutes proportionate surveillance.

However the measures taken should be no more than is strictly necessary to attain objective in relation to a particular investigation.

Consideration should be given on whether the information could be gathered by another means.

vii) Section 6: Nature of the surveillance.

viii) Section 7

The identity of the subject should be given in Section 7.

ix) Section 8. Explanation of information to be obtained

This section is likely to mirror Section 2 but may be more specific on the exact information required.

x) Section 9: Collateral Intrusion

Clearly it is possible that surveillance in relation to one subject may unwittingly lead to the intrusion on the activities of others eg other family members, employees.

The potential for collateral intrusion needs to be indicated here and an indication of how it can be avoided.

NOTE: Where collateral intrusion occurs unexpectedly a written note of the circumstances must be made and notified to the Authorising Officer who should file the written note with the copy of the authorisation.

xi) Section 10: Confidential/Religious Material

This Section is likely to be noted as 'Nil' or 'Minimal'. Any realistic expectation of discovery may require the completion of Section 13.

xii) Section 11: Anticipated Start Date

Section 12: Applicants Details

These are self explanatory.

xiii) Section 13: Authorising Officers Comments

This Section must include the Authorising Officer's observations on the Application or the answers given where clarification is sought from the applicant before authorisation is granted. Reasons for refusal must be given here.

This Section must be completed carefully as it provides evidence that the Authorising Officer has properly considered the statutory criteria for authorising the surveillance. These comments will provide the Officer and the County Council with protection from claims for infringement of the human rights of the subject.

The comments must refer to:

a) Section 4 on why the surveillance is necessary. The Authorising Officer should consider whether the objective of the surveillance could be reached by other means.

b) Section 5 on why the surveillance is proportionate. The Authorising Officer should ensure that the surveillance does not create an oppressive interference with the human rights of the subject having regard to such factors as: the purpose of the surveillance, the anticipated product and the seriousness of likely offences, infringements or misdemeanours.

c) An assessment of the risks involved in the covert surveillance to those officers who are engaged upon it. Every effort must be made to reduce risk and to provide adequate protection and support for the officers.

The comments may also refer to:

a) Section 9 on Collateral Intrusion.

The Authorising Officer should consider whether the Applicants assessment is correct and how any collateral intrusion can be reduced or eliminated.

b) Section 10 on Confidential Material

The Authorising Officer should consider the extent to which such material is likely to be discovered.

xiv) Section 14 and 15: Authorising Officers Recommendations

This is the section which effects the Authorisation.

xv) Section 16: Confidential Material

See ii) above.

xvi) Section 17 to 19

These sections should be completed only in exceptional circumstances where urgent authorisation is requested. Urgent applications will normally be made by telephone. The same disciplines must be applied and this form completed as soon as possible.

2.4.5 Renewal of Authorisations

In the unlikely event that an Authorisation needs to be renewed Form S.2 should be used.

The question to be answered are largely directed at evaluating the continued necessity for the surveillance and its purpose in relation to the information which may be discovered.

2.4.6 Cancellation of Directed Surveillance

All surveillance operations should be cancelled once their purpose has been achieved, using Form S.3. They should not simply be allowed to become time expired.

Thus each Authorisation should ultimately be coupled with a cancellation.

Whilst the applicant for the cancellation is the investigating officer, it is clear from the nature of the cancellation form that the authorising officer needs to keep the continuance of the surveillance operation under review.

It is therefore the responsibility of the authorising officer to keep effective authorisations under review and to cancel the related operation once its purpose has been achieved.

2.5 Authorisation of Third Parties

It is possible that third parties may engage in surveillance activities on behalf of Hampshire County Council perhaps by the use of private investigators.

Where such surveillance takes place with the advance knowledge of County Council staff and the information gained is likely to be used for County Council enforcement purposes, authorisation must be obtained.

The officer in charge of the investigation should obtain the authorisation from an Authorising Officer. The Authorising Officer should have regard to all the normal aspects of proportionality etc and should be satisfied that the third party observers will act professionally and are aware of their responsibilities under RIPA and the Code of Practice.

2.6 Records

2.6.1 Authorisations, Renewals and Cancellations should be stored with the original papers relating to an enquiry or investigation and subject to Departmental rules on the duration of storage.

2.6.2 Three copies of all Forms should be made. This will also apply if an application for covert surveillance is made but authorisation refused by an Authorising Officer.

i) one should be kept by the Authorising Officer in order that he may fulfil his role in monitoring the conduct of the surveillance.

ii) two copies should be forwarded, as soon as it is issued, to a designated 'Co-ordinating Officer' in each Department. The Authorising Officer and the Co-ordinating Officer may be the same person.

2.6.3 The Co-ordinating Officer should forward one copy of each form to the Monitoring Officer in the Chief Executive's Department.

2.6.4 The Co-ordinating Officer should maintain a record for the purpose of monitoring the conduct of authorisations granted.

At monthly intervals the Co-ordinating Officer should ensure that a review is carried out on any Authorisations which remain in effect. Form S.4 should be completed and copies stored as stated in paragraph 2.6.2.

The Co-ordinating Officer should maintain the records for 3 years from the end of the surveillance.

2.6.5 The Monitoring Officer should maintain a record of all Authorisations, Renewals, Cancellations and Reviews. This record forms the Central Record required by the Office of the Surveillance Commissioner and must be maintained for a period of 6 years from the end of the surveillance.

2.7 Code of Practice

A copy of the current Code of Practice should be available to all Authorising Officers. All officers are encouraged to read and become familiar with the contents of the Code.

3. Covert Human Intelligence Sources

3.1 Introduction

At first sight this could appear to refer to 'informants'. However the definition in Section 26 of RIPA goes far wider and covers any person who seeks to 'establish a relationship' with another with a view to obtaining information. This will include an officer and any other person acting on his behalf or under his direction.

3.2 Covert Human Intelligence Source (CHIS)

A covert human intelligence source is defined in Section 26(B) of the Act:

a person is a covert human intelligence source if:-

(a) he establishes or maintains a personal or other relationship with a person for the covert purpose of facilitating the doing of anything falling within paragraph (b) or (c);

(b) he covertly uses such a relationship to obtain information or to provide access to any information to another person; or

(c) he covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.

3.3 Persons Requiring Authorisation

Two types of people are likely to require authorisation to operate as a CHIS.

i) officers of Hampshire County Council

ii) others who we may use to obtain information on our behalf

The essential words to focus on are 'establishing a relationship'. This expression is not defined in the Act so, at least initially, it will need to be broadly interpreted. A person should be authorised whenever they operate under cover, ie without declaring their identity as an enforcement officer, and by talking to a third party put them at their ease so as to elicit information from them.

Examples could be:

a) Acting as a potential customer looking round a forecourt, asking questions to extract information and maybe taking vehicles on test drives.

b) Exchanging e-mails on a personal level with a trader and through questions or remarks attempt to discover if goods to be supplied are known to be counterfeit.

c) Talking to associates of a person under suspicion of entering a false claim against the County Council.

Using a third party to gain information about another's course of conduct is most likely to require authorisation.

3.4 Test Purchases

Advice received from the Home Office suggests that straightforward test purchases by officers using powers under statutes, will not require CHIS authorisation. Test purchases are regularly made by Trading Standards Officers and it is possible that test transactions will be made by others.

More complex test purchases which require officers to ask questions and solicit information, particularly where that information is used as intelligence for a later operation, will require authorisation.

Test purchase by child volunteers could cause particular problems. If CHIS authorisation is required until there is a decision to the contrary it is essential that two rules are followed when working with child volunteers especially those under 16 years.

i) the child should not engage in any conversation with traders except to request the goods and should answer any questions, on age for example, as briefly as possible.

ii) an officer should witness the entire transaction and provide the primary evidence.

Test purchases by non County Council staff on our behalf are also likely to be covered by CHIS and require authorisation.

3.5 Authorisation

3.5.1 Operations using a covert human intelligence source must be authorised in advance.

Authorisations may be granted by "an Assistant Chief Officer or an officer responsible for the management of an investigation". More senior officers may also give authorisation. These officers are referred to as 'Authorising Officers'.

It should be noted that Authorising Officers should have no direct involvement in the conduct or supervision of the investigation in which the covert human intelligence source is to be used.

3.5.2 The Home Office has prescribed a form for officers to apply for authorisation. This form, together with all others used for RIPA may be personalised for particular Departments but should follow the Home Office forms as closely as possible.

3.5.3 Application for an Authorisation should be made on Form CHIS 1. Authorisations last for 12 months and must be given in writing.

For sources under 18 years authorisations are for a maximum of 1 month. Special supervision arrangements need to be made for minors and specialist legal advice should be sought before they are authorised. It therefore follows that the use of minors as sources should be avoided if at all possible.

Renewal of Authorisation can be applied for by means of Form CHIS 2. However, the use of a source should not be necessarily protracted and it is envisaged that the use of the source will only be for a few days. Renewal will only be appropriate in the most exceptional circumstances.

A Cancellation form should be completed in respect of every authorisation, as soon as the use of the source is concluded. Form CHIS 3 should be used for this purpose.

3.5.4 Completion of the CHIS Authorisation Application Form

i) The applicant should complete the form in conjunction with the Authorising Officer if necessary.

The initial details required are:-

a) the Department

b) the applicants full name and office address

c) team or division identity

d) office telephone number

e) operation name (if there is one)

f) Operation Reference number

g) name and address of source and DOB. (If the officer is the

source they can be completed as 'As above')

ii) SECTION 1: Position of Authorising Officer. The exact post title should be given.

Where 'confidential material' may be discovered or is sought special authorisation is required. Section 12 of the form should be completed by the applicant. Authorisation where the source may obtain Confidential Material must be given by the Head of the Paid Service. This is the Chief Executive or in his absence (ONLY) the Chief Officer.

Confidential material relates to that which is subject to:-

a) legal privilege

b) confidential journalistic material

c) confidential personal information, being information on the

subject's physical or mental health or access to spiritual

counselling.

If it is necessary to examine material subject to legal privilege advice should be sought from a solicitor in the Chief Executive's Legal Practice who may need to be present during the surveillance and/or entry to premises.

iii) Section 2. Grounds on Which the Action is Necessary

The appropriate boxes should be ticked.

iv) Section 3. Use of CHIS is necessary.

v) Section 4: Proportionate Conduct

Little guidance is currently available on what constitutes proportional conduct. However, the measures taken should be no more than is strictly necessary to attain the objective in relation to a particular investigation

Consideration should be given on whether the information could be gathered by another means.

vi) Section 5. Purpose

The purpose of the operation is likely to be similar to those in Section 4 but may be more specific.

vii) Section 6. Specific Operation

The details of the specific investigation is likely to be broad in its content.

viii) Section 7. Tasked Details

This will mirror Sections 4 and 5 but may include in bullet point form the key objectives.

eg

· determine scale of operation

· determine location of storage

· determine activities of subject

ix) Section 8. Risk Assessment

The applicant should assess in detail the likely risks to which the CHIS would be exposed.

x) Section 9. Collateral Intrusion

Clearly it is possible that surveillance in relation to one subject may unwittingly lead to the intrusion on the activities of others eg other family members, employees.

The potential for collateral intrusion needs to be indicated here and an indication of how it can be avoided.

NOTE: Where collateral intrusion occurs unexpectedly a written note of the circumstances must be made and notified to the Authorising Officer who should file the written note with the copy of the authorisation.

xi) Section 10. Confidential/Religious Material

This Section is likely to be noted as 'Nil' or 'Minimal'. Any realistic expectation of discovery may require the completion of Section 17.

xii) Section 11: Anticipated Start

Section 12: Applicants Details

This is self explanatory.

xiii) Section 13: Authorising Officers Comments

This Section must include the Authorising Officer's observations on the Application or the answers given where clarification is sought from the applicant before authorisation is granted. Reasons for refusal must be given here.

This Section must be completed carefully as it provides evidence that the Authorising Officer has properly considered the Statutory criteria for authorising the human intelligence source. These comments will provide the officer and the County Council with protection from claims for infringement of the human rights of the subject.

The comments must refer to:

a) Section 2 and 3 on why the use of the human intelligence source is necessary. The Authorising Officer should consider whether the objective for which the human intelligence source is to be engaged could be reached by another means.

b) Section 4 on why the use of the human intelligence source is proportionate. The Authorising Officer should ensure that the use of the human intelligence source does not create an oppressive interference with the human rights of the subject having regard to such factors as: the purpose of the operation, the anticipated product and the seriousness of likely offences, infringements or misdemeanours.

c) An assessment of the risks to the human intelligence source engaged in the operation. Every effort must be made to reduce the risk and to provide adequate protection and support for the human intelligence source.

The comments may also refer to:

a) Section 9 on collateral intrusion. The Authorising Officer should consider whether the Applicant 's assessment is correct and whether the human intelligence source can be instructed so that any collateral intrusion can be reduced or eliminated.

b) Section 10 on Confidential Material. The Authorising Officer should consider the extent to which such material is likely to be discovered.

xiv) Section 14: Authorising Officers Statement

This is the section which effects the Authorisation.

xv) Section 17: Confidential Material

See ii) above

xvi) Section 18 to 20

These sections should be completed only in exceptional circumstances where urgent authorisation is requested. Urgent applications will normally be made by telephone. The same disciplines must be applied and the form completed as soon as possible.

3.5.5 Renewal of Authorisations

In the unlikely event that an Authorisation needs to be renewed Form CHIS 2 should be used.

The questions to be answered are largely directed at evaluating the continued necessity for the use of the source on that investigation and its purpose in relation to the information which may be discovered.

3.5.6 Cancellation of Use of Covert Human Intelligence Sources

All CHIS operations should be cancelled once their purpose has been achieved, using Form CHIS 3. They should not be allowed to simply become time expired

Thus each Authorisation should ultimately be coupled with a cancellation.

Whilst the applicant for the cancellation is the investigating officer, it is clear from the nature of the cancellation form that the authorising officer needs to keep the continuance of the authorisation under review.

It is therefore the responsibility of the authorising officer to keep effective authorisations under review and to cancel the related operation once its purpose has been achieved.

3.6 Management of Covert Human Intelligence Sources

3.6.1 Whilst the authorisation remains in effect the Applicant should maintain contact with and responsibility for the human intelligence source. The human intelligence source will always be at some risk no matter how small that might be.

3.6.2 The Applicant should maintain regular contact with the human intelligence source by an appropriate means, with sufficient frequency dependant upon the nature of the operation.

3.6.3 The Applicant should always be aware of the date, time and location of meetings between the human intelligence source and the subject.

3.6.4 Should the risk to the human intelligence source increase beyond that anticipated at the time the operation was authorised, the Authorising Officer should immediately be alerted. If the increased level of risk cannot be reduced and is deemed unacceptable the human intelligence source should be withdrawn from the operation and the authorisation cancelled.

3.7 Authorisation of Third Parties

It is possible that third parties, eg trade mark proprietors, may engage in CHIS activities perhaps on behalf of Hampshire County Council by the use of private investigators.

Where such operations take place with the advance knowledge of County Council staff and the information gained is likely to be used for County Council purpose, authorisation must be obtained.

The officer in charge of the investigation should obtain the authorisation from an Authorising Officer. The Authorising Officer should have regard to all the normal aspects of proportionality etc and should be satisfied that the third party operatives will act professionally and are aware of their responsibilities under RIPA and the Code of Practice.

3.8 Records

3.8.1 Authorisations, Renewals and Cancellations should be stored with the original papers relating to an enquiry or investigation and subject to Departmental rules on the duration of storage.

3.8.2 Three copies of all Forms should be made. This will also apply if an application for covert surveillance is made but authorisation refused by an Authorising Officer.

i) one should be kept by the Authorising Officer in order that he may fulfil his role in monitoring the conduct of the surveillance.

ii) two copies should be forwarded, as soon as it is issued, to a designated 'Co-ordinating Officer' in each Department. The Authorising Officer and the Co-ordinating Officer may be the same person.

3.8.3 The Co-ordinating Officer should forward one copy of each form to the Monitoring Officer in the Chief Executive's Department.

3.8.4 The Co-ordinating Officer should maintain a record for the purpose of monitoring the conduct of authorisations granted.

At monthly intervals the Co-ordinating Officer should ensure that a review is carried out on any Authorisations which remain in effect. Form S.8 should be completed and copies stored as stated in paragraph 3.8.2.

The Co-ordinating Officer should maintain the records for 3 years from the end of the surveillance.

3.8.5 The Monitoring Officer should maintain a record of all Authorisations, Renewals, Cancellations and Reviews. This record forms the Central Record required by the Office of the Surveillance Commissioner and must be maintained for a period of 6 years from the end of the surveillance.

3.9 Code of Practice

A copy of the current Code of Practice should be available to all Authorising Officers. All officers are encouraged to read and become familiar with the contents of the Code.

4. Recording of Telephone Conversations

4.1 Introduction

The recording of telephone conversations is covered by Part I of RIPA and is divided into three separate situations:

(i) recording where both parties are aware that the recording is taking place.

(ii) recording where only one party is aware that the recording is taking place.

(iii) recording where neither party is aware that the recording is taking place.

4.2 Both Parties Aware of Recording

This situation is authorised by Section 3(1) of RIPA and no other form of authorisation is requested. It is intended to legalise the use of telephone answering machines, where both parties will clearly be aware that the recording is taking place. It is also relevant to call centre situations where customers are made aware, as staff are, that a recording is being made.

4.3 One Party is Aware of Recording

This situation is covered by Section 3(2) of RIPA and is the most normal circumstances in which telephone conversations will be monitored and/or recorded.

Examples are where:

i) an officer wishes to covertly order goods or services by telephone

ii) an officer wishes to monitor advertising claims made by traders on the telephone

iii) an officer wishes to verify certain information concerning a subject.

There may also be situations where a third party will call the subject upon the direction of a County Council officer and a recording is made. This will be covered by RIPA in the same way as if the officer had made the call.

TO COMPLY FULLY WITH SECTION 3(2) THE RECORDING MUST BE AUTHORISED AS COVERT SURVEILLANCE AND THE PROCEDURE IN PARAGRAPH 2 FOLLOWED.

4.4 Neither Party Aware of Recording

Such recordings are covered by Section 5 of RIPA and can only be carried out under an interception warrant issued by the Secretary of State.

This cannot be obtained by any officer of Hampshire County Council and NO recording of this nature should be carried out.