East Lancs councils using 'snooping powers' to spy on residents and staff

COUNCILS across East Lancashire have come under fire for using "snooping" powers meant to tackle serious crime.

Officers have secretly recorded dog-walkers to crack down on dog fouling.

And one authority has angered unions by hiding outside the town hall to check staff aren't sneaking out of work early.

Spotters also wait in parked cars to watch benefits cheats, fly-tippers and to investigate anti social behaviour.

The powers are granted to councils by the Regulation of Investigatory Powers Act, which gives them authority to carry out surveillance, including monitoring phone records.

Human rights and privacy campaigners have branded the act a "snoopers' charter" and say the powers are not being used in the right way.

A Home Office spokesman said the purpose of the act was to convict criminals and prevent serious crime.

Information released to the Lancashire Telegraph under the Freedom of Information Act has revealed a catalogue of uses, including:

• Direct observation of movements on and off Burnley town hall car park to monitor employees' flexitime'
• Surveillance to establish whether members of staff were on sick leave or working for another employer
• Surveillance of addresses to gather evidence of fly tipping
• Two surveillance operations into dog fouling.

• Council officers also hid outside houses to see if benefit claimants had undeclared partners.

"Snooping" on council staff was slammed by Jim Moody, a Unison officer for Lancashire.

He said: "I don't think that's what these powers are supposed to be used for - this is stretching the legitimacy of the act.

"There have got to be better and more efficient management techniques rather than surveillance.

"Staff sign in and out of work - and sometimes there has to be a measure of trust in your own staff. It's just over the top."

Of the East Lancashire Councils that responded to the information request, Blackburn with Darwen council used the powers 24 times in 2007/08 - carrying out 15 surveillance operations and getting nine people's telephone records.

Burnley made 30 applications under the act for the powers, and a total of 144 since 2001.

And Hyndburn council has used the powers 189 times since 2001.

Matthew Elliott, of the Taxpayers' Alliance, said: "Snoopers and spies are a world away from what people imagine their council tax is spent on."

Ribble Valley MP Nigel Evans said: "I would have thought dog-fouling would be something community support officers should get involved in.

"I support these powers if they are used to crack down on crime.

"But if they are going to spend lots of taxpayers' money on low-level issues I do not support it."

Ross Anderson, of the Foundation for Information Policy Research, said: "These laws were sold to parliament on the basis they would be used to combat serious crime.

"In the case of dog fouling, who was followed? If it was a neighbour complaining about a dog-walker, I would certainly argue it's a waste of time and money."

Under the act, councils need to apply to the Intelligence Service Commissioner to carry out surveillance. It is granted if the case meets certain criteria, including prevention of crime or the interests of national security.

A spokesman for human rights group Liberty said it should be for the courts to agree the powers, adding: "The law must be reformed to require sign-off by judges, not self-authorisation by over-zealous bureaucrats."

But town hall bosses say using the powers is in the best interests of taxpayers.

Alan Cotton, Blackburn with Darwen's strategic director of resources said: "The council has a strict procedure to follow when using this act.

"We weigh up what the possible outcome could be if we used these powers and only act where we think it is reasonable.

"The cases we have used this act on include complex benefit fraud investigations and trading standards cases."

Sir Simon Milton, Chairman of the Local Government Association, said councils were working with the government and police to clarify when the act should be used.

He added: "Without these powers councils would not be able to provide the same level of reassurance and protection local people demand and deserve."

Nick Aves, Burnley Council's resources director, said it was "quite rare" for the powers to be used in this way, adding: "Burnley Council employs over 500 staff, and the overwhelming majority of them are honest and hard working.

"However if a misdemeanour is brought to our attention we have a duty to the public to investigate it."

Ribble Valley, Pendle and Rossendale councils did not respond to the Freedom of Information Act request.

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