We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
It is vital to be aware of the procedures to be followed when acting under RIPA as getting it wrong can result in civil liability (such as a hefty fine) or, in some cases, criminal prosecution. Under the new guidelines, social landlords who partner with local authorities to combat crime, tenancy fraud or anti-social behaviour may have to alter the way they operate.
The main changes in the Act relate to covert and person-specific surveillance. Local authorities now need to seek judicial permission to use CCTV to film or photograph individuals.
CCTV is in widespread use amongst social landlords and local authorities (who also use private investigators and other means to investigate individuals). Surveillance is used for a number of reasons, such as to track those they have suspected of benefit fraud, to catch alleged vandals or to prove that someone is guilty of leaving dog mess on the ground. In future, should a local authority wish to carry out such surveillance, they will need to apply for permission through a Magistrate in order to prove that the surveillance is warranted – and a justifiable use of public money.
There are quite a few practical steps that registered providers and councils should take. To not fall foul of the changes, registered providers should work closely with local authorities. All local authorities have an internal officer that is responsible for authorising surveillance under RIPA and they are responsible for making sure that all notifications are up to date and approved.
Renewing in good time is the responsibility of the local authority so it is important to make sure that both the council and the registered provider are aware of renewal dates to avoid either party operating outside the law.
Applications must be made by the authorised officer to a Magistrate with a copy of the original RIPA authorisation or the RIPA notice and supporting documentation. In addition, a brief summary of the specific case that surveillance is requested for must be provided to support the application for that case.
The Magistrate will decide if the RIPA application or renewal is justified and their view will determine whether the covert investigation can be continued or implemented. As a rule of thumb, surveillance measures for offences that could result in a six month jail term are likely to be granted whereas tracking individuals for ‘minor’ offences such as dog fouling may be harder to get approved.
For more information
For further information, please contact David Hall on 0121 212 7402 or email email@example.com.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
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