Please contact: Lydia Hall
Please email: lydia.hall@north-norfolk.gov.uk
Please direct dial on: 01263 516010
07 October 2014
A meeting of the Overview and Scrutiny Committee of North Norfolk District Council will be held
in the in the Council Chamber at the Council Offices, Holt Road, Cromer on Wednesday 15th
October 2014 at 9.30am.
At the discretion of the Chairman, a short break will be taken after the meeting has been running
for approximately one and a half hours.
Members of the public who wish to ask a question or speak on an agenda item are requested to
arrive at least 15 minutes before the start of the meeting. It will not always be possible to
accommodate requests after that time. This is to allow time for the Committee Chair to rearrange
the order of items on the agenda for the convenience of members of the public. Further information
on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263
516010, Email: democraticservices@north-norfolk.gov.uk
Anyone attending this meeting may take photographs, film or audio-record the proceedings and
report on the meeting. Anyone wishing to do so must inform the Chairman. If you are a member
of the public and you wish to speak on an item on the agenda, please be aware that you may be
filmed or photographed.
Sheila Oxtoby
Chief Executive
To: Mrs A Claussen-Reynolds, Ms V R Gay, Mrs A Green, Mr B Jarvis, Mrs B McGoun, Mr P
Moore, Mr J H Perry-Warnes, Mr R Reynolds, Mr E Seward, Mr R Shepherd, Mr N Smith, and Mr P
Terrington.
All other Members of the Council for information.
Members of the Management Team, appropriate Officers, Press and Public.
If you have any special requirements in order to attend this
meeting, please let us know in advance
If you would like any document in large print, audio, Braille, alternative
format or in a different language please contact us.
Chief Executive: Sheila Oxtoby Corporate Directors: Nick Baker & Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
SUBSTITUTES
3.
PUBLIC QUESTIONS
To receive questions from the public, if any
4.
MINUTES
(Page 1)
(9.30-9.35)
To approve as correct records the minutes of the meeting of the Overview and Scrutiny
Committee held on the 10th September 2014.
5.
ITEMS OF URGENT BUSINESS
To determine any other items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government
Act 1972.
6.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any of the
following items on the agenda. The Code of Conduct for Members requires that
declarations include the nature of the interest and whether it is a disclosable pecuniary
interest.
7.
PETITIONS FROM MEMBERS OF THE PUBLIC
To consider any petitions received from members of the public.
8.
CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER
To consider any requests made by non-executive Members of the Council, and notified to
the Monitoring Officer with seven clear working days’ notice, to include an item on the
agenda of the Overview and Scrutiny Committee.
9.
RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS
OR RECOMMENDATIONS
To consider any responses of the Council or the Cabinet to the Committee’s reports or
recommendations.
10.
THE CABINET WORK PROGRAMME
(Page 9)
(9.35-9.40)
To note the upcoming Cabinet Work Programme.
11.
TOURISM ACROSS THE DISTRICT
Portfolio Holder: Cllr R Wright
(9.40- 10.20)
To receive presentations from Lucy Downing (Visit North Norfolk) and Bruce Hanson
(Broads Authority) on tourism across the District.
12.
13.
REGULATORY OF INVESTIGATORY POWERS ACT – UPDATED POLICY
(page 11) (Policy – p.14)
(10.20-10.45)
Summary:
This report provides an update for members on the use by the
Council of the Regulation of Investigatory Powers Act 2000
(RIPA) and recommends an updated Operational Policy
document.
Options considered:
The Policy is required to ensure proper application of the Act, so
there is not an alternative option.
Recommendations:
Members are asked to note the expanded and updated
Regulation of Investigatory Powers Act 2000 Policy and
Procedures
Reasons for
Recommendations:
The policy is required and updates have been recommended by
the Office of Surveillance Commissioners’ recent report.
Cabinet member(s):
Ward member(s)
Contact Officer,
telephone
and e-mail:
Councillor R Oliver
All
Nick Baker
01263 516221
nick.baker@north-norfolk.gov.uk
PCC CONSULTATION RESPONSE
(page 31)
(10.45 – 11.00)
To consider the priorities of Norfolk’s Police and Crime Commissioner and whether they
reflect the needs of local communities.
14.
MENTAL HEALTH UPDATE
Portfolio Holder: Cllr J Lee
(11.15 – 11.40)
To receive an update from Maureen Orr, Democratic Support and Scrutiny Team Manager
Norfolk County Council, on the work of the NHOSC regarding mental health issues.
This item will be followed by an update from the Health and Communities Officer on some of
the strategic and multi-agency work as well as direct services that the Council provides which
impact on health and well-being.
15.
OVERVIEW AND SCRUTINY UPDATE
(Page 33)
(Appendix A – p.37) (Appendix B – p.39 )
(11.40 – 11/45)
To receive the Overview and Scrutiny Update from the Democratic Services Team Leader
16.
EXCLUSION OF THE PRESS AND PUBLIC
To pass the following resolution, if necessary:
“That under Section 100A(4) of the Local Government Act 1972 the press and public be
excluded from the meeting for the following items of business on the grounds that they
involve the likely disclosure of exempt information as defined in paragraph _ of Part I of
Schedule 12A (as amended) to the Act.”
17.
TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE
PUBLIC BUSINESS OF THE AGENDA
Agenda item no._______4_______
OVERVIEW AND SCRUTINY
Minutes of a meeting of the Overview and Scrutiny Committee held on 10 September
2014 in the Council Chamber, North Norfolk District Council, Holt Road, Cromer at
9.30 am.
Members Present:
Committee:
Mr P W Moore (Chairman)
Mrs A Claussen-Reynolds
Ms V R Gay
Mrs A Green
Mrs B McGoun
Miss B Palmer (sub)
Mr J Perry-Warnes
Mr R Reynolds
Mr E Seward
Mr N Smith
Mr D Young (sub)
Officers in
Attendance:
The Chief Executive, the Head of Finance, the Chief Accountant, the Head
of Organisational Development and the Democratic Services Team Leader
Members in
Attendance:
Mr T FitzPatrick, Mrs P Grove-Jones, Mrs A Moore and Mr G Williams
29. APOLOGIES FOR ABSENCE
Apologies were received from Mr B Jarvis, Mr R Shepherd and Mr P Terrington. Mr W
Northam had sent his apologies for Agenda items 12 and 13.
30. SUBSTITUTES
Mr D Young for Mr P Terrington and Miss B Palmer for Mr R Shepherd
31.
PUBLIC QUESTIONS
None received
32.
MINUTES
Mr R Reynolds requested that the previous minutes be amended at item 25, paragraph
6, to show that it was not the choice of Broadland Housing Association to not proceed
with the development at Highfield Road car park at Fakenham. The local members had
carried out a survey of local people and nearby residents and then made a
representation to Cabinet. Following this representation, Highfield car park was
withdrawn from the build considerations by Cabinet.
Overview and Scrutiny Committee
1
1
10 September 2014
Mr D Young requested that Minute 11(5) be amended to state ‘Mr D Young asked what
percentage of coverage was expected to be achieved following the additional £1m that
was proposed and its match funding?’
The minutes were approved as a correct record (subject to the above amendments) and
signed by the Chairman.
33.
ITEMS OF URGENT BUSINESS
None received
34.
DECLARATIONS OF INTEREST
Mr E Seward declared that he was a member of the North Walsham & Dilham canal
Trust.
35.
PETITIONS FROM MEMBERS OF THE PUBLIC
None received.
36.
CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A
MEMBER
None received.
37.
RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S
REPORTS OR RECOMMENDATIONS
None received.
38.
THE CABINET WORK PROGRAMME
The Committee noted the work programme and its contents.
39.
NORTH WALSHAM AND DILHAM CANAL - PRESENTATION
Mr I Cane, archivist for the North Walsham and Dilham Canal Trust gave a detailed
presentation on the work of the Trust, covering the full history of the canal through to the
present day.
The Chairman thanked him for the informative presentation. Before inviting members to
speak, the Chairman commented on the lack of lifesaving equipment along the route of
the canal. Mr Cane replied that installation of such equipment depended on the
agreement of the owners. He acknowledged that there was a need to look into the
provision of lifesaving devices.
The Chairman invited members to ask questions:
1. Mrs B McGoun commented that all members had received a letter from the Trust
regarding membership. She said that she had not acted on this at the time but the
presentation had persuaded her to join now.
2. Mrs A Moore queried the use of black plastic along the banks in some places and
wondered how this would impact on water voles. She was also concerned that
someone appeared to have planted several non-native species along stretches of
Overview and Scrutiny Committee
2
2
10 September 2014
the canal banks. Mr I Cane replied that the black plastic covered just three yards of
the bank and had been put in place to prevent a leak. His colleague, Mr D Revill,
added that the black plastic was temporary and that the Environment Agency had
imposed a stop notice so no maintenance could be done at this time. He agreed with
Mrs Moore’s concerns about alien species and said that he had no idea how they
had got there.
3. Mr G Williams said that the primary use of the canal was as a waterway and he
wondered whether there was an intention to re-open the whole stretch and link to
the Broads. He went on to ask about the multiple ownership of the canal and
whether there was a full commitment from all of the owners to restore it. He
concluded by referring to the role of key stakeholders such as Norfolk Wildlife Trust.
Mr C Black, Vice-Chairman of the Trust replied that the Trust was hoping to restore
the canal to a fully working waterway. However, there were 4 locks along the route
so it was a big task. He added that there were Acts of Parliament applied to the
canal which would not allow it to be closed and this was an added pressure on the
owners to keep it open. He went on to say that although there was a right of
navigation along the canal it did have tolls on it and the canal companies had control
over these. Finally in response to the issue of partnerships, he said that the Trust
was keen to link up with the RSPB and Norfolk Wildlife Trust. So far there had been
a lot of support as the site had been enhanced since it had been cleared. The
Chairman sought clarification
4. The Chairman sought clarification over timescales for completing the proposed
work. Mr Cane replied that no timescale had been implemented due to a lack of
certainty over funds, legislation and manpower.
5. Mr G Williams, Portfolio Holder for Leisure, asked how the Council could assist the
Canal Trust. One of the trustees replied that the Broads Authority had offered to help
with grant applications. Any support – financial or administrative would be
appreciated.
The Chief Executive advised the Committee that although the Council could not offer
financial support to the Canal Trust at this time, members could make a
recommendation to Council to formally endorse the aims and work of the organisation.
It was proposed by Ms V Gay, seconded by Mrs B McGoun and
RESOLVED to
To recommend that the Council formally endorses the aims of the North Walsham and
Dilham Canal Trust to work with the Canal Proprietors and adjacent landowners, to
protect, conserve and improve the route of the canal and its branches, for the benefit of
the community and environment, promoting access to the navigation for all, allowing it to
become once again an area enjoyed and appreciated by the community
40.
BUDGET MONITORING PERIOD 4
Mr G Williams introduced this item on behalf of the Portfolio Holder, Mr W Northam. He
said that this was an encouraging report following the financial impact of the tidal surge
in December 2013. He explained that severe weather recovery scheme grant had now
been received and thanked the Leader for his efforts in lobbying the Government for
funding. Mr Williams went on to say that the forecast underspend of £85,423 took into
account the loss of the evening car parking charges.
Mr Williams concluded by saying that careful management of the budget would continue
and that he was confident that the overall budget for the current year would be
achieved.
Overview and Scrutiny Committee
3
3
10 September 2014
The Chairman invited members to ask questions:
1. Mrs A Moore queried why grant money funding for the gypsy and traveller sites was
included within the capital programme. The Head of Finance replied that it was
because it needed to be profiled for future years.
2. Mr E Seward referred to Table 1, Service Variances - CCTV. He stated that
although the report indicated a saving for the Council, it should be acknowledged
that there was no saving for the residents of North Walsham. He went on to ask for
more information regarding the Repair and Renew Grants (Homeowners and
Businesses) and whether most of the applications received had been from the
Walcott area. The Head of Finance replied that there had been a high number of
applications but she was not able to provide further detail. The Chief Executive
added that the Head of Environmental Services would circulate a breakdown of the
applications to members. The Head of Finance said that only two applications had
been declined so far.
3. Mrs A Green asked for further detail on the costs for the gypsy and travellers sites
for 2015/16. The Head of Finance replied that the money from the grant funding
would be carried over. The Chief Executive explained that the Council was paying to
lease the land for the sites and that was why the cost for provision was capital
funded. She acknowledged that a decision would need to be made at some point
about the future of the sites. They were not used for long periods of time and the
income from them was negligible.
4. Mrs B McGoun commented on recent issues regarding rubbish collection from
powerboats on the Broads. She asked whether local members could be notified if
such problems arose in the future so that they could let their parish councils know.
Mr G Williams said that in future, the parishes would be consulted on any issues that
were likely to impact on them. The Chief Executive added that there were some
differences across the district regarding the cost to the parishes for waste collection.
She agreed that local members would be consulted in the future.
5. Ms V Gay referred to section 6.4 of the report – Splash roof repairs and asked for
more detail of the project. The Chief Executive replied that the repairs outlined within
the report were required to maintain the Splash building. She went on to say that the
Council intended to take a long-term view across the whole district of all leisure
assets including swimming provision.
6. Mr D Young sought clarification on the savings relating to customer services. The
Chief Accountant said that this was due to the fact that there had not been a full
complement of staff in this service area. It was anticipated that these posts would be
filled in the future. In response to a further query from Mr Young regarding financial
savings, the Chief Accountant said this related to the updating of the software for
council tax. Mr Young then asked which counterparty would issue the covered
bonds that were being considered. The Chief Accountant replied that they were all
reputable names. He said that he would provide details and their rankings. Covered
bonds were being considered following advice from the Council’s treasury advisors –
as part of the Treasury Strategy. Mr D Young concluded by asking for more
information about the Housing and Infrastructure annual programmes on page 24 of
the report. He said that they did not appear to be active during the first 4 months of
the years and there were no additional comments included. The Chief Accountant
explained that these were demand-led and the figures would be adjusted throughout
the year.
7. Mr R Reynolds referred back to the earlier discussion on gypsy and traveller sites.
He acknowledged that costs were a concern but said that the site at Fakenham was
a success. It had stopped travellers using George Edwards Road, the Drift and the
disused section of the Holt Road – which had previously incurred considerable costs
to clear up.
Overview and Scrutiny Committee
4
4
10 September 2014
AGREED
To note the report.
41.
FINANCIAL STRATEGY
Mr G Williams presented this item on behalf of the Portfolio Holder, Mr W Northam. He
outlined the report and explained that it presented the current financial forecast for the
period 2015/16 to 2017/18 and provided a summary of the key issues facing the Council
in relation to local government finance. Mr Williams went on to say that there were
challenges ahead. The Revenue Support Grant would reduce from £3.5m in 2014/15 to
just over £0.5m in 2018/19. However, in the short-term the Council was in a good
financial position and this strategy ensured that there was a clear framework in place to
maximise income and make full use of technology. He concluded by saying that the
strategy had been updated to take account of improved income from the business rates
retention scheme.
The Chairman invited members to ask questions:
1. Mr E Seward said that it was a very informative report. He said that as he
understood it, the income from the revenue support grant was going down, whilst
overall spending and council tax income remained the same. Although there were
new income streams from the New Homes Bonus and the Business Rates Retention
Scheme, these did not appear to cover the loss of income from the reduced revenue
support grant. The Head of Finance agreed. She said that the Council was in a
relatively good financial position for the next year but that an additional £1.3m would
be needed by March 2018. She added that the forecasts included savings achieved
through the business transformation programme. Mr G Williams said that section 7
of the report was key as it outlined the main areas of focus for the Council. The
Chief Executive said that the Council’s income was based on delivery rather than
per head of the population. It was therefore vital that the focus was on growing the
economy. She said that there would be lots of change ahead and it was possible
that some of the new income streams such as the New Homes Bonus could change
in the future.
2. Mr E Seward asked whether the building of more affordable homes would increase
income from the NHB and how planning policy and process reflected this. The Chief
Executive replied that the NHB was not a material consideration at present. It’s
introduction had created an imbalance between rural areas and those where growth
and housebuilding were high. She acknowledged that planning decisions had an
impact on corporate strategy and income but said that there were much stronger
links between the Financial Strategy and other policies. The Chairman asked at
what point the Council received the NHB. The Chief Executive said that it was once
a house was completed and registered for council tax.
3. Mr D Young asked what percentage reduction the parishes would see as a result of
the changes in government funding. The Head of Finance replied that it was
between 15-16%
4. Mrs B McGoun commented that she believed that the NHB was compromising the
Council’s principles on affordable housing. The Chief Executive replied that the NHB
did not play a part in the decision-making process. Approvals were based on a
viability assessment and these were undertaken by the Housing Strategy Team
leader on a case by case basis. She suggested that members could receive further
information on viability assessments.
5. Ms V Gay queried the Benefits reserve. She asked why £50k had been withdrawn.
The Head of Finance explained that at the end of last year there had been an
Overview and Scrutiny Committee
5
5
10 September 2014
underspend in the service. It was assumed that this amount would be spent this year
so it had been taken out. She went onto say that the Council may need to pay back
some money to the Department for Work and Pensions for subsidy return errors. Ms
V Gay then went on to ask about the LSVT reserve which was still very high. The
Head of Finance explained that some of the warranties were for 15-20 years and the
reserve need to remain in place for this reason. She added that it was reviewed
regularly. Ms V Gay concluded by asking for more information about the
Organisational Development reserve. The Head of Finance said that this was in
relation to the pay and grading review – to cover one-off costs. It also included
corporate training.
RESOLVED to
a)
b)
Note the current financial forecast for the period 2015/16 to 2017/18;
Note the current capital funding forecasts;
RECOMMEND to Full Council:
a)
b)
c)
42.
Continuation of the current Local Council Tax Support Scheme for 2015/16;
That the Local Council Tax Support Scheme grant for parishes be offered to
those parish and town councils that accepted the grant in 2014/15 and the
total amount available is reduced in line with the Council’s relative funding
reductions as outlined at section 2.8.5;
The revised reserves statement as included at Appendix E to the financial
strategy;
MANAGING PERFORMANCE QUARTER 1 2014/15
The Leader, as Portfolio Holder, introduced this item. He explained that this was a
progress report on the delivery of the Annual Action plan 2014/15. It provided an
overview, identified any issues that might affect delivery of the plan and the action being
taken to address these issues. He said that the majority of the 56 activities in the Annual
Action Plan were on track. Where there were some issues in achieving targets, clear
actions had been set out.
The Chairman invited members to ask questions:
1. Mrs B McGoun queried the reference to a ‘new normality’ in Fakenham. The Leader
replied that this was in relation to the recent fire in the town centre and attempts to
get things back to normal despite the devastation.
2. Ms V Gay congratulated the Legal Services team on their hard work. The Leader
agreed and commended the team on their recent Municipal Journal award.
3. Mrs A Claussen-Reynolds queried whether there were plans to ‘name and shame’
flytippers. The Leader replied that the Environmental Services team had
successfully prosecuted flytippers in the past and this had resulted in them being
named in court and then the local press. He added that the Building Control service
also prosecuted people for breaches of the law. However, the Council always
ensure that they used the correct legal processes when this approach was taken.
4. Mr R Reynolds said that it was a very pleasing report and showed that performance
was moving in the right direction. He referred to the establishment of a new grants
scheme for new business start-ups and growing enterprises which was launching in
Autumn 2014. He went on to thank Council officers for their hard work and support
following the recent fire in Fakenham town centre. He concluded by asking for more
information on the Local Enterprise Partnership (LEP). Mr T FitzPatrick explained
Overview and Scrutiny Committee
6
6
10 September 2014
that they were set up by the Government to channel inward investment into the
regions. Both private sector and public sector bodies were involved with the
Partnership and it covered both Norfolk and Suffolk. He added that the Head of
Economic and Community Development now worked one day a week with the LEP.
5. Mrs A Moore commented on the drop in the number of audit days delivered. The
Head of Finance replied that the report just covered the first quarter and that more
progress had been made recently – with 66 of 218 planned days now delivered.
RESOLVED
1. To note the report, welcome the progress being made and endorses the
actions laid out in Appendix F being taken by management where there are
areas of concern.
2. To note that the target for performance indicator C 007 Target response time to
fly tipping and all other pollution complaints (within 2 working days) be set at
80%.
43.
OVERVIEW AND SCRUTINY UPDATE
The Democratic Services Team Leader updated the Committee on progress on topics
since the last meeting and provided an overview of the upcoming work programme. Mrs
A Claussen-Reynolds drew members’ attention to the proposal to relocate some
medical services from Sheringham to Kelling. There had been some concerns that there
had not been sufficient consultation. The Democratic Services Team Leader agreed to
circulate further information to all members on this.
Mr E Seward commented on the press release from the Police and Crime
Commissioner’s Office regarding Community Remedy. He said that he would be
interested to know how satisfied the PCC was that sufficient police were available to
deal with anti-social behaviour and whether Community Support officers were still on
duty. It was agreed that these issues could be raised when the Police and Crime
Commissioner next attended a committee meeting.
Before closing the meeting, the Chairman commented that himself and the Vicechairman had some concerns about the timing of agenda items. He asked the
Committee whether they would prefer to have presentations from external organisations
at the start or the end of the meeting. Mrs B McGoun was concerned that people
attending the meeting could end up waiting for their item if they took place at the end. Mr
N Smith replied that when there was a presentation at the start of the meeting, all the
subsequent items over-ran and this meant that officers often sat for some time in the
meeting waiting for their item to start. The Democratic Services Team Leader
suggested that she could telephone or email officers five minutes prior to their item
starting to avoid them having to wait.
The Chairman said that the questions following a presentation could take some time and
that more consideration should be given to whether it was appropriate to have a
presentation, depending on the rest of the business on the agenda. He concluded by
saying that the Overview and Scrutiny Committee was often the only opportunity for
members to ask questions on cabinet items and it was important to ensure that sufficient
time was allocated for this.
The meeting concluded at 12..260 pm
Overview and Scrutiny Committee
7
7
10 September 2014
____________________
Chairman
Overview and Scrutiny Committee
8
8
10 September 2014
North Norfolk District Council
Cabinet Work Programme
For the Period 01 November 2014 to 31 January 2015
Decision Maker(s)
Meeting
Date
Subject &
Summary
Cabinet
Member(s)
Lead Officer
Status / additional
comments
Council
22 Oct 2014
Property Investment
Strategy
Wyndham
Northam
To Council first for input
Cabinet
03 Nov 2014
Sheila Oxtoby
Chief Executive
01263 516000
Cabinet
03 Nov 2014
Energy Strategy
Russell Wright
Scrutiny
12 Nov 2014
Steve Blatch
Corporate Director
01263 516232
Cabinet
3 Nov 2014
Budget Monitoring
Period 6
Wyndham
Northam
Scrutiny
12 Nov 2014
Karen Sly
Head of Finance
01263 516243
Cabinet
3 Nov 2014
Wyndham
Northam
Scrutiny
12 Nov 2014
Treasury
Management Half
Yearly report
Tony Brown
Technical Accountant
01263 516126
Council
17 Dec 2014
Cabinet
3 Nov 2014
North Norfolk Towns
Initiative
Russell Wright
John Mullen
Community Projects
Manager
01263 516104
November 2014
Key Decision – a decision which is likely to incur expenditure or savings of £100,000 or more, or affect two or more wards. (NNDC
Constitution, p9 s12.2b)
* Schedule 12A of the Local Government Act 1972 (As amended by the Local Authorities (Access to Information) (Exempt Information) (England) Order
2006)
9
North Norfolk District Council
Cabinet Work Programme
For the Period 01 November 2014 to 31 January 2015
Decision Maker(s)
Meeting
Date
Subject &
Summary
Cabinet
03 Nov 2014
North Walsham Area
Office
Cabinet
Member(s)
Lead Officer
Status / additional
comments
*Exempt Appendix
December
Cabinet
01 Dec 2014
Cromer Market
consultation
Russell Wright
Steve Blatch
Corporate Director
01263 516232
Cabinet
01 Dec 2014
Rhodri Oliver
Scrutiny
10 Dec 2014
Housing Incentives
Scheme – update &
review
Mark Ashwell
Planning Policy &
Property Info Manager
01263 516325
Council
17 Dec 2014
Cabinet
01 Dec 2014
Cabbell Park
Rhodri Oliver
Steve Blatch
Corporate Director
01263 516232
Cabinet
01 Dec 2014
Long Term Empty
Properties
/Enforcement Board
Update
Nick Baker
Corporate Director
01263 516221
Key Decision – a decision which is likely to incur expenditure or savings of £100,000 or more, or affect two or more wards. (NNDC
Constitution, p9 s12.2b)
* Schedule 12A of the Local Government Act 1972 (As amended by the Local Authorities (Access to Information) (Exempt Information) (England) Order
2006)
10
Agenda Item No____12________
REGULATION OF INVESTIGATORY POWERS ACT 2000 POLICY UPDATE
Summary:
Options considered:
This report provides an update for members on the use
by the Council of the Regulation of Investigatory Powers
Act 2000 (RIPA) and recommends an updated
Operational Policy document.
The Policy is required to ensure proper application of
the Act, so there is not an alternative option.
Recommendations:
Members are asked to note the expanded and updated
Regulation of Investigatory Powers Act 2000 Policy and
Procedures
Reasons for
Recommendations:
The policy is required and updates have been
recommended by the Office of Surveillance
Commissioners’ recent report.
Cabinet Member(s)
Cllr Rhodri Oliver
Ward(s) affected
All
Contact Officer, telephone number and email:
Nick Baker, 01263 516221
nick.baker@north-norfolk.gov.uk
1.
Introduction
1.1
Members may be aware that the Regulation of Investigatory Powers Act 2000
(RIPA) (“the Act”) provides a structure under which certain methods of
surveillance are controlled.
Some of these methods are used by local authorities and indeed this Council,
for a range of activities, particularly as a part of regulatory and enforcement
activity and for the purposes of preventing crime and disorder.
1.2
Clearly, there will always be concern about potential intrusion into people’s
privacy where any surveillance is undertaken and indeed, the Human Rights
Act 1998 enshrines this issue in legislation. The Council’s Policy in this area
seeks to ensure that where surveillance activity is necessary, privacy is
protected wherever possible.
1.2
The Act requires that the Council publishes a Policy and Procedures for its
activities in this area which lay out a framework for authorising certain
methods of surveillance which may be necessary during activity undertaken
by the Council. The Council is required to keep the Policy under review and
11
this requirement has been expanded upon and updated by the recent
inspection undertaken by the Office of Surveillance.
2.
Background
2.1
Use of RIPA Powers by the Council
Since the last report to members in 2011, and following the implementation of
new regulations regarding its use for less serious matters, very little covert
surveillance has been undertaken by the Council except for one case of
flytipping and one of antisocial behaviour, and no surveillance at all has been
requested or authorised since March 2012.
2.2
OSC Inspection and Recommendations
An inspection of the Council’s activity in this area was undertaken by the
Office of Surveillance Commissioners in June 2014. The key points contained
in the recommendations of the report are as follows:
I.
That NNDC’s RIPA Policy be expanded and updated
II.
That the Chief Executive and the Senior Responsible Officer
(SRO) designate a reduced number of senior officers to act as
RIPA Authorising Officers, and a suitable officer to be RIPA
Coordinator and keeper of the central record and authorisations
III.
That a compliant Central Record be established in accordance
with paragraph 8.1 of the Code of Practice, the documentation
being kept centrally in accordance with paragraph 8.2;
IV.
That the SRO and RIPA Coordinator conduct a training needs
analysis for applicants and authorising officers, and arrange
refresher and update training, a record of attendance being
maintained.
Good progress towards the recommendations has been made, with the Policy
now having been updated and expanded as appropriate and, once the Policy
is received by members, the relevant officers will be appointed and training
needs assessed.
This is an Operational Policy outside the Policy Framework so a
recommendation for Council to approve it is not required.
2.3
An underlying principle to the recommendations is that, whilst the Council
now rarely uses the RIPA provisions, it is important that we ensure the
structure for so doing is maintained to an appropriate level. Indeed, one of the
key risks is that, because we rarely use these provisions, a technical error
could be more easily be made, potentially rendering evidence gathered by
surveillance inadmissible, or the subject of a claim by those whose privacy
may been affected.
2.4
Proposed RIPA Policy
12
The new Policy is attached at Appendix 1 and is updated to cover all of the
changes to legislation to date and all of the points raised at the OSC
inspection. It is also based on accepted good practice in this area and should,
when implemented, bring the Council to a compliant position.
It should be noted that the various standard forms have been omitted from
this report, only for the sake of brevity.
3
Financial Implications and Risks
3.1.1
There are no financial risks associated directly with the implementation of the
Policy.
3.1.2
However, the risk of a claim for legal costs and or damages could arise if
surveillance is undertaken when not properly authorised and the Policy, when
followed, should protect the Council against such challenge.
4.
Sustainability
There are no sustainability issues arising from this report
5.
Equality and Diversity
There are no equality and diversity issues arising, as these are considered
automatically, when making decisions regarding the use of RIPA powers.
6.
Section 17 Crime and Disorder considerations
The investigation of Crime and Disorder goes to the heart of the cases behind
required surveillance activity.
13
THE REGULATION OF
INVESTIGATORY
POWERS ACT 2000
(As amended)
(RIPA)
Policy & procedures
5 April 2007 – amended August 2014 (Protection of Freedoms Act 2012)
14
NORTH NORFOLK DISTRICT COUNCIL
REGULATION OF INVESTIGATORY POWERS ACT 2000 (“RIPA”)
POLICY DOCUMENT
1.
INTRODUCTION
This Act has significant implications for many areas of work carried out by the
Council. The Act does not in any way restrict its operation to specific functions
and therefore it is imperative that any officer who might be carrying out
surveillance and authorising officers are fully aware of when the need arises for
an authorisation to be obtained. This document only sets out the main principles
involved around covert surveillance.
It must be stressed that any officer
requesting authorisation and particularly those persons empowered by the
Council to grant authorisations must ensure they receive full and proper training
before dealing with any authorisations. However, a considerable amount of what
the Council does is OVERT so that the person being investigated is fully aware of
the situation. This will never need authorisation.
In 2012 the Act was amended by new legislation – the Protection of
Freedoms Act 2012 which provided for judicial approval in relation to
certain authorisations and notices under the Regulation of Investigatory
Powers.
The information contained within this document has been extracted from the two
relevant Codes of Practice issued pursuant to section 71 of RIPA 2000, namely
the Covert Surveillance Code (Surveillance Code) and the Covert Human
Intelligence Sources Code (CHIS Code).
There are two types of covert surveillance which might arise in local government,
operations, directed surveillance and covert human intelligence sources (ie
informants, undercover officers, test purchase officers).
A third type, intrusive surveillance, cannot be authorised by local authorities.
15
Note: Directed surveillance does not include entry on, or interference with,
property
or
wireless
telegraphy,
nor
does
it
include
interception
of
communications sent by post or by telecommunication systems. These can only
be carried out by the Secretary of State, Police or intelligence agencies
(depending upon the situation).
However, you should not rule out directed
surveillance simply because you might overhear telephone conversations, but
you cannot deliberately place a device so as to hear such conversations.
2.
CONSEQUENCES OF FAILURE TO COMPLY WITH THE LEGISLATION
Article 8 of the Human Rights Convention introduced a new concept in English
Law, the right to privacy. To comply with this human right, surveillance, which
potentially infringes the right to privacy, should only be done if it is carried out “in
accordance with the law”. Hence a legal framework to authorise surveillance
was required and RIPA was introduced.
RIPA Authorisation provides a lawful authority to carry out covert surveillance
provided it is authorised in accordance with the Act. However, a decision not to
obtain authorisation does not automatically render the surveillance unlawful. The
Act and Codes of Practice are admissible in evidence and so whether
authorisation was correctly obtained will be taken into account in any court
proceedings about admissibility of evidence and/or human rights challenges. If
the Council fails to comply with RIPA it could be ordered to pay compensation
either by a court or the ombudsman. An innocent party to collateral intrusion
could be entitled to a considerable amount of compensation. It is also possible
that evidence gathered via unauthorised surveillance could be ruled inadmissible.
This policy document recommends that authorisations are always obtained in
accordance with the Act, where appropriate.
3.
OFFICE OF SURVEILLANCE COMMISSIONERS
The legislation provides for a Chief Surveillance Commissioner, whose remit it is
to provide an independent oversight of the use of the powers contained within
Part 2 of the Act, by public authorities.
16
The OSC will periodically visit the Council for an inspection of our records and
protocol. The aims of any inspections are to be as helpful as possible providing
feedback on best practice, recurring problem areas and remedies.
4.
PROTECTION OF FREEDOMS ACT 2012
4.1
Judicial approval
The Act amends RIPA, requiring local authorities to obtain the approval of a
Magistrate for the use of any one of the three covert investigatory techniques
available to them under RIPA namely:
4.2

Directed Surveillance,

deployment of a Covert Human Intelligence Source (CHIS)

accessing communications data.
An approval is also required if an authorisation to use such techniques is being
renewed. In each case, the role of the Magistrate is to ensure that the correct
procedures have been followed and the relevant factors have been taken
account of. The new provisions allow the Magistrate, on refusing an approval of
an authorisation, to quash that authorisation.
4.3
Directed Surveillance and the Serious Crime Test
Where local authorities wish to use RIPA to authorise Directed Surveillance, this
should be confined to cases where the offence under investigation carries a
custodial sentence of six months or more (the Serious Crime Test).
4.4
On completion of the Council‟s internal authorisation procedures – see Para 5.4
below – application must be made to Her Majesty‟s Courts and Tribunals Service
(HMCTS) administration at the magistrates‟ court to arrange a hearing.
4.5
Court attendance will be required with:

a
counter-signed
RIPA
authorisation/or
notice
(for
authorisations/notices the signatures may be electronic signatures).
17
CD
5.

the accompanying judicial application/order form.

any other relevant reference or supporting material.
SURVEILLANCE
The Definition of Surveillance includes:
(a)
monitoring, observing or listening to persons, their movements, their
conversations or their other activities or communications;
(b)
recording anything monitored, observed or listened to in the course of
surveillance; and
(c)
5.1
surveillance by or with the assistance of a surveillance device.
Definition of Directed Surveillance
Very often surveillance is conducted with the intention of that person being
unaware that the surveillance is or may be taking place i.e. covertly.
If
observations are made as part of the normal duties of the person or officer
involved, which may be termed as „general observations‟ i.e. a planning officer
noticing something whilst travelling around the town, is not directed surveillance
requiring authorisation. He may consider that as a result of his observation,
surveillance action is required. If this surveillance is carried out covertly (i.e.
without the person being observed knowing it is or may be taking place) then it is
likely to be construed as directed surveillance and would require authorisation
under RIPA. If the person subject to surveillance is advised that observations
are to be carried out then this is not surveillance that is being done covertly and
would fall outside the definition of directed surveillance.
Surveillance does not include obtaining any information revealed while in the
presence of the source
Directed Surveillance is defined as surveillances where the following are all
true:

it is covert, but not intrusive surveillance;
18

it is conducted for the purposes of a specific investigation or
operation;

it 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);

it is conducted otherwise than by way of an immediate response to
events or circumstances the nature of which is such that it would not
be reasonably practicable for an authorisation under Part II of the
2000 Act to be sought.
Thus, the planned covert surveillance of a specific person, where not
intrusive, would constitute directed surveillance if such surveillance is likely
to result in the obtaining of private information about that, or any other
person.
„Private‟ was defined in case law at the European Court of Human Rights
as follows:
„Private life‟ is a broad term not susceptible to exhaustive definition.
Aspects such as gender identification, name, sexual orientation and sexual
life are important elements of the personal sphere protected by Article 8
human rights Act. The article also protects a right to identity and personal
development, and the right to establish and develop relationships with
other human beings and the outside world, and it may include activities of
a professional or business nature. There is, therefore, a zone of interaction
of a person with others, even in a public context, which may fall within the
scope of „private life‟. It cannot therefore be excluded that a person‟s
private life may be concerned in measures affected outside a person‟s
home or private premises. A person‟s reasonable expectation as to privacy
is a significant though not necessarily conclusive factor.
P.G. and J.H. v. the United Kingdom, no. 44787/98, §56 & 57, ECHR 2001-IX, with
further references)
19

is conducted in such a way as to obtain a detailed picture about the
manner in which that person conducts their private life, activities and
associations.
Directed surveillance does not include any type of covert surveillance carried out
in residential properties or in private vehicles. This is intrusive surveillance that
local authorities cannot authorise.
5.2
Intrusive Surveillance
Is defined as covert surveillance that:

is carried out in relation to anything taking place on any residential
premises or in private vehicle; and

involves the presence of an individual on the premises or in the
vehicle or is carried out by means of a surveillance device.

This does not include the use of overt CCTV cameras positioned in
their normal position where the public are aware that the systems
are in use for their own protection and to prevent crime.
Local authorities cannot authorise intrusive surveillance.
5.3
Other Surveillances
Similarly, the District Council cannot conduct entry on, or interference with,
property or with wireless telegraphy (known as “property interference”).
5.4
Authorisation Forms
The amendments in the Protection of Freedoms Act 2012 mean that local
authority authorisations and notices under RIPA for the use of particular covert
techniques can only be given effect once an order approving the authorisation or
notice has been granted by a magistrate as detailed in para 4.1 above.
All surveillance should be authorised by an appropriate person as prescribed for
the purposes, under Section 30 of RIPA and The Regulation of Investigatory
Powers (Directed Surveillance and Covert Human Intelligence Sources) Order
2003, using the appropriate forms, which are: -
20

Application for authority for directed surveillance; which requests specific
information enabling the authorising officer to consider the request. The initial
application should be for a period that is compatible with the objectives of the
surveillance. The maximum period for any authorisation is 3 months and you
must either cancel or renew it before it expires. However, all authorisations
must be cancelled eventually (some may be renewed a number of times but
still must be cancelled eventually)

Renewal of directed surveillance authorisation; for use when it is considered
necessary for the authorisation to continue.

Cancellation of directed surveillance authorisation; for use when the directed
surveillance no longer meets the criteria for authorisation. The cancellation
will normally be authorised by the officer who last renewed or authorised the
surveillance. All operations must be finalised with a cancellation form
regardless of the conclusion. There is no requirement for the magistrates
court to consider cancellations.
These forms are attached. They will no doubt be reviewed or updated over time
and this can be checked on the home office web site, if necessary
(www.homeoffice.gov.uk/crimpol/crimeduc/regulation/forms/index.html).
5.5
Collateral Intrusion
If at any stage during the surveillance it becomes apparent that there is
unexpected interference into the privacy of persons who are not the original
subject of the investigation (this is called collateral intrusion) then this information
and any other matters that arise of a similar sensitive nature, should be brought
to the Authorising Officer‟s attention. This will enable the Authorising Officer to
reconsider the original authorisation taking into consideration the new
information. The Authorising Officer should particularly bear in mind the
proportionality of the surveillance in this situation.
21
5.6
Authorising Officers – who can make a decision?
Officers Authorised to Approve Applications For Directed Surveillance
and CHIS
Officer
Name
Contact Details
Nick Baker
Corporate
Director
01263 516221
nick.baker@north-norfolk.gov.uk
Stephen Hems
Head
of 01263 516182
Environmental
stephen.hems@northHealth
norfolk.gov.uk
Authorisation will normally be granted by Steve Hems, Head of Environmental
Health. As SRO, Nick Baker, Corporate Director, may also authorise but best
practice is for the SRO to only have an overseeing role in authorisation. Such
authorisation is for directed surveillance or the use of covert human intelligence
sources as defined in Article 4 of The Regulation of Investigatory Powers
(Directed Surveillance and Covert Human Intelligence Sources) Order 2003.
Other officers will be authorised to approve applications on Directed Surveillance
as deemed necessary by CLT.
Any officer authorising such decisions must ensure that he or she is properly
trained so that the decision is made in accordance with the law.
It is important
that the person seeking authorisation and the Authorising Officer ensures that the
decision to take (and it is recommended not to take) action is properly
documented with full reasons. Comments should be put in the necessity and
proportionality box in the application form even if these are just “I agree”. It is
also important to note that the authorising officer‟s job does not stop should s/he
agree to authorisation. That person must keep the investigation under review,
particularly if information may be obtained about someone other than the target
of the surveillance (collateral intrusion). In all surveillance the risks should also
be assessed properly and kept under review.
So that there is a proper review
system officers should record the date when the authorisation should be
reviewed. Whilst this can be the full 3 months permitted the review will invariably
be a much shorter period.
22
5.7
What the Authorising Officer must take into account?
1. Authorisation shall not be granted unless it is believed necessary for the
purposes of preventing or detecting a crime or preventing disorder.
2. Ensure compliance with the data protection requirements and any other
relevant codes of practice and ensure that any confidential material obtained
during the course of the surveillance is securely maintained. Confidential
material includes matters subject to legal privilege, confidential personal
information and confidential journalistic material. These terms are explained
further in the Surveillance Code. Where it is likely that the surveillance will
result in the acquisition of such information, only the Chief Executive or, in his
absence, his nominated deputy, may grant authorisation.
3. Consider the impact of collateral intrusion relating to persons other than the
subject of the surveillance. (see explanation above).
4. Proportionate to what the surveillance seeks to achieve. In other words, is
the Council over using its resources in order to get the result?
The Authorising Officer must
a. balance the size and scope of the operation against the gravity and
extent of the perceived mischief
b. explain how and why the methods to be adopted will cause the least
possible intrusion on the target and others
c. ensure that the activity is an appropriate use of the legislation and the
only reasonable way, having considered all others, of obtaining the
necessary result
d. evidence what other methods had been considered and why they
were not implemented.
The Authorising Officer should set out why he is satisfied (RIP(S)A) or why
s/he believes the surveillance proposed is necessary and proportionate. A
bare assertion is insufficient.
23
5. Special care needs to be given in relation to joint operations with other
agencies and where the Council employs an agent to carry out investigations
on its behalf.
6. Legal Advice.
It is recommended that legal advice is sought from the
Council‟s legal advisors on any proposed RIPA surveillance prior to
authorisation.
5.8
Central Records
Each Authority should maintain a central record (register) relating to all
authorisations, giving details of what the authorisation was for and the dates
during which surveillance has been carried out.
A full list of the matters to be recorded can be found in paragraph 2.14 – 2.15 of
the Surveillance Code. Paragraphs 2.16 - 2.18 give details concerning the
retention and destruction of such documents. See Appendix 4 for a blank copy
of the Central Record, to see the information required.
5.9
Emergency Situations
An emergency situation would only arise if the time that would elapse before the
authorising officer was available to grant the authorisation would, in the
judgement of the person giving the authorisation, be likely to endanger life or
jeopardise the investigation or operation for which the authorisation was being
given. An authorisation is not to be regarded as urgent where the need for an
authorisation has been neglected or the urgency is of the authorising officer‟s or
applicant‟s own making. These rules must not be used where there has been a
failure to obtain authority at the appropriate time.
Where it is not reasonably practicable for an authorisation in writing under this
part to be sought because it is urgent then the authorisation can be granted
orally. In this situation the decision must be recorded in writing at the earliest
opportunity by the person seeking authority and endorsed by the Authorising
Officer. Details of urgency should also be given.
24
In practice, given the nature of the Council‟s statutory responsibilities it is
extremely unlikely to envisage circumstances where such an emergency
situation might arise.
6.
COVERT HUMAN INTELLIGENCE SOURCE
6.1
Introduction
This does not apply to circumstances where members of the public volunteer
information to the Council. However, someone may become a CHIS as a result
of supplying information to the Council. A specific issue arises as to whether
someone
becomes
a
CHIS
because
the
Council
issues
them
with
diary/monitoring sheets and asks them to tell them of any further problems (ie
anti-social behaviour cases). This does not require specific authorisation unless
a
personal
relationship
between
the
alleged
perpetrator
and
the
complainant/witness exists or is cultivated (see below). Any authorisation can be
sought on the same form as for directed surveillance.
6.2
Definition of a CHIS
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 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
(d) The relationship is used covertly if and only if it is conducted in a manner
calculated to ensure that one party is unaware of its purpose.
25
6.3
What the Authorising officer must take into account
1. Must believe that the authorisation is necessary for the purposes of
preventing and detecting crime or of preventing disorder
2. It is proportionate to what it seeks to achieve & appropriate arrangements
for managing the source,
3. Should take into account the risk of collateral intrusion,
4. Ensure particular care is taken concerning confidential material,
5. Any adverse impact upon the community confidence,
6. Assess any risk to the source.
7. Legal advice obtained from the Council‟s legal advisors.
Sometimes authorisation is needed in the process of cultivating the source where
this would infringe the privacy of the source. The cultivation process itself may
require authorisation if it involves directed surveillance, for example.
6.4
Authorisations
These work in a similar way to directed surveillance and must be authorised in
writing, orally in emergency situations. The use of vulnerable sources should
only take place in exceptional circumstances. Juveniles can never be used as
sources against their own parents but can be used subject to special safeguards
(see 6.8 below).
Information to be given in applications for authorisation: 1.
Details of the purpose for which the source will be deployed.
2.
The grounds on which authorisation is sought (i.e. detection of crime).
3.
Where a specific investigation is involved details of that investigation.
4.
Details of what the source will be tasked to do.
26
5.
Details of the level of authority required.
6.
Details of potential collateral intrusion.
7.
Details of any confidential material that might be obtained as a
consequence of the authorisation.
Particulars to be contained in records
The following matters are specified as being particulars of which must be
included in the records relating to each source:
(a) the identity of the source;
(b) the identity, where known, used by the source
(c)
any relevant investigating authority other than the authority maintaining the
records;
(d) the means by which the source is referred to within each relevant
investigating authority;
(e) any other significant information connected with the security and welfare of
the source;
(f)
any confirmation made by a person granting or renewing an authorisation
for the conduct or use of a source that the information in paragraph (d) has
been considered and that any identified risks to the security and welfare of
the source have where appropriate been properly explained to and
understood by the source;
(g) the date when, and the circumstances in which, the source was recruited;
(h) the identities of the persons who, in relation to the source, are discharging
or have discharged the functions mentioned in section 29(5)(a) to (c) of the
2000 Act or in any order made by the Secretary of State under section
29(2)(c);
(i)
the
periods
during
which
those
responsibilities;
27
persons
have
discharged
those
(j)
the tasks given to the source and the demands made of him in relation to his
activities as a source;
(k)
all contacts or communications between the source and a person acting on
behalf of any relevant investigating authority;
(l)
the information obtained by each relevant investigating authority by the
conduct or use of the source;
(m) any dissemination by that authority of information obtained in that way; and
(n) in the case of a source who is not an undercover operative, every payment,
benefit or reward and every offer of a payment, benefit or reward that is
made or provided by or on behalf of any relevant investigating authority in
respect of the source's activities for the benefit of that or any other relevant
investigating authority.
6.5
Duration of authorisation
A written authorisation (except a juvenile source) is valid for 12 months from the
date it took effect but oral authorisations cease to have effect 24 hours after
being granted.
6.6
Renewals
A review should be carried out and the authorising officer satisfied that the
conditions for authorisation continue to be met before the authorisation is
renewed for a further period.
Provided conditions continue to be met
authorisation can be renewed more than once. The renewal extends the time
from the time when the authorisation would expire (but for the renewal) so the
renewal decision should be taken shortly before expiry of the authorisation.
6.7
Cancellations
Authorisations should be cancelled where the conditions justifying authorisation
are no longer satisfied. The authorising officer should do this in writing although
it is suggested that the officer seeking authorisation should also seek
cancellation where s/he becomes aware that the conditions are no longer
satisfied.
There is a standard form for recording this.
28
Although some
authorisations will be renewed on a number of occasions, every authorisation
must be cancelled at the end of the surveillance operation.
When cancelling an authorisation, an Authorising Officer must ensure that proper
arrangements have been made for the activity‟s discontinuance, including the
removal of technical equipment and directions for the management of the
product.
6.8
Juvenile CHIS
Special safeguards also apply to the use or conduct of juvenile sources; that is
sources under the age of 18 years. Authorisation will not normally be granted.
On no occasion should the use or conduct of a source under 16 years of
age be authorised to give information against his parents or any person
who has parental responsibility for him.
In other cases, authorisations should not be granted unless the special
provisions contained within The Regulation of Investigatory Powers (Juveniles)
Order 2000 are satisfied.
The use of sources under 16 is dependent on there being an appropriate adult
present at any meeting with the Council.
Appropriate adult is defined as:
(a)
the parent or guardian of the source;
(b)
any other person who has for the time being assumed
responsibility for his welfare; or
(c)
where no person falling within (a) or (b) is available, any
responsible person aged eighteen or over who is neither a
member of nor employed by any relevant investigatory authority.
The Order states that at all times there must be a person within the investigating
authority who has responsibility for ensuring that the appropriate adult is present
at the meetings.
29
The duration of such an authorisation is one month instead of twelve months.
Restrictions are also imposed on the use of any source under the age of 18. In
particular, a person in the investigating authority must make a risk assessment in
order to assess the nature and magnitude of any risk of physical injury or
psychological distress involved in the proposed course of action, and the person
granting the authorisation must be satisfied that the risks are justified and that the
source understands the risk and that he has given consideration to the particular
relationship, if any, between the source and the target of the authorisation.
7.
RECORD KEEPING
This must be done in such a way as to preserve the confidentiality of the source.
The authorising officer must not grant an authorisation unless satisfied that there
are arrangements in place to ensure that someone has responsibility at all time
for maintaining a record of the use made of the source. This should be an officer
within the client department and they should record a number of matters (for
example, the identity of the source, identities used by the source, how the
authority of refers to the source, information about the source‟s security and
welfare, how recruited etc). A full list of the matters to be recorded can be found
in paragraph 2.13 – 2.16 of the CHIS Code. Paragraphs 2.17 - 2.19 give details
concerning the retention and destruction of such documents
8.
FORMS
Forms for use in relation to CHIS and Directed Surveillance can be found in the
appendix attached.
30
Agenda Item 13
23/9/14
Commissioner seeks views on police and crime priorities
Do you believe the police and crime priorities of Norfolk‟s Police and Crime
Commissioner are still the right ones and are there any emerging issues that you feel
should be taken into account?
These are the questions the county‟s PCC Stephen Bett is asking during a monthlong public consultation which starts tomorrow (Wednesday September 24).
Stephen said: “In the run-up to the first PCC elections almost two years ago, and in
the months after I took office, I spent some time listening to communities, local
groups and partner organisations across Norfolk and they told me their crime and
policing concerns. That feedback became the foundation upon which I built my
Police and Crime Plan for Norfolk.
“I feel my team and I have made good progress along with the police and other
partners, which I recently outlined in my Annual Report and I believe the time is right
to take a fresh look at my plan. I want to be sure the focus is absolutely where it
should be and I would value people‟s input.”
Stephen is inviting people to have their say via a short survey and the responses will
help shape the way the PCC works and in turn help to keep our county safe and
secure.
Stephen‟s current Police and Crime Plan* is centred around three key objectives
which set a clear focus for him as the PCC and for police and other agencies
involved in tackling crime and disorder and delivering criminal justice.
Those current objectives are:

Reduce priority crime (the crime types which cause the most harm to
our county‟s communities including burglary, theft of and from motor
vehicles and serious violence), anti-social behaviour and reoffending

Reduce vulnerability, promote equality and support victims

Reduce the need for service through preventative and restorative
approaches and through more joined-up working with partners,
protecting the availability of frontline resources.
31
In terms of reducing crime and disorder Stephen has set Norfolk‟s Chief Constable
targets in key areas such as increasing detection rates for domestic abuse and
serious sexual offences, reducing the number of people killed or seriously injured on
our roads and taking action on anti-social behaviour in our neighbourhoods.
The PCC has also identified the following emerging issues where more needs to be
done:






Cyber-crime and e-crime (i.e. attacks on computer hardware/software,
financial crime such as online fraud, and online abuse especially of
young people)
Child and Adult sexual exploitation
Human trafficking, Honour-based violence and female genital
mutilation
Improving support for children and young people in the criminal justice
system
Preventing people with learning difficulties becoming victims of crime
New psychoactive substances (commonly known as „legal highs‟)
Stephen wants people views on whether the crime and disorder objectives, the
policing priorities and emerging issues reflect what they feel are the needs of
Norfolk‟s communities.
The consultation will run from Wednesday September 24 to Wednesday October 22
and people are invited to visit the PCC‟s website at www.norfolk-pcc.gov.uk .
People can also email OPCCN@norfolk.pnn.police.uk or write to:
Building 8
Jubilee House
Falconers Chase
Wymondham
Norfolk
NR18 0WW
32
Overview and Scrutiny Committee
15 October 2014
Agenda Item 15
OVERVIEW AND SCRUTINY UPDATE
Work Programme at Appendix A
1.
Introduction
The Scrutiny Update report is a standing item on all Overview and Scrutiny
Committee agendas. The report updates Members on progress made with
topics on its agreed work programme and provides additional information
which Members may have requested at a previous meeting.
2.
Progress on topics since the last meeting
2.1
North Walsham and Dilham Canal
Since the last meeting of the Committee, the North Walsham & Dilham Canal
Trust has sent the following email:
Dear Mr Moore,
I would like to thank you for giving the NW&DC Trust the opportunity to give a
presentation on the restoration of our local canal; for your kind welcome, and
the interest shown by the Committee in the work that is being undertaken in
the District.
Thank you also for the vote to support the canal. Although this had a
"financial" sting in its tail, I hope that this will not preclude the Council from
offering the expertise of their officers in the Trust's work. The agreement that
the Trust came to with the Broads Authority, following my presentation to
them, was that an officer was given the task of being the "link" between the
Trust and the BA. I wonder if this would be a way forward with the NNDC?
I appreciated your suggestion that we return with an "update". I would be
more than pleased to do this in the future.
Emma, our thanks for arranging the slot on the Agenda. The Councillors
asked for a copy of the presentation to be made available. I met with your IT
staff after the meeting and left a copy on a shared folder. As the PowerPoint
is 88mb, it is not possible to e-mail, however, your IT department said that
they would be able to provide copies on DVD's for those interested.
As I was unsure as to the numbers of people there would be in attendance, I
did not bring a handout. Instead I attach a copy of the Survey Findings (6
page). Would it be possible to circulate this to the Committee and other
interested parties please?
Best Wishes
Ivan Cane
East Anglian Waterways Association's Archivist for the
North Walsham and Dilham Canal Records
33
Overview and Scrutiny Committee
2.1
15 October 2014
Responses to questions raised at the last meeting:
Q – Covered bonds and credit rating of issuer.
Covered Bonds
 Covered bonds are issued by financial institutions, and backed by a ringfenced pool of mortgages originated by the issuer.

Covered bond programmes are highly regulated under law and by the
Financial Conduct Authority (FCA). FCA regulates the financial services
industry in the UK.

The quality of the mortgages are initially assessed by the FCA

FCA then specifies level of “over-collateralisation” or level of cover.

The “cover pool” is structured so that it is greater in value than the bond
issued against it. Value of mortgage pool can therefore decrease
significantly before being worth less than the debt issued (bond) against
it.

UK covered bonds are perceived to be very secure due to the underlying
security and structure. There is “dual recourse” in the event of a default.
i.e. the Council first has a claim on the issuer, then if it is not covered in
full, by a claim on the pool of mortgages.

The covered bond that NNDC has been looking at is issued by the Leeds
Building Society and has a AAA rating.

This bond is over-collateralised to the tune of 173% (1.73 times). FCA
recommendation was 123% (1.23 times)

We would only invest in bonds that have a good credit rating, and after
taking advice from our treasury advisors.

Bond and Security trustees are neutral parties who ensure the issuer is
performing its obligations, and can force the issuer to comply with terms.

Tested on a monthly basis and monthly statistics and results of tests are
placed in the public domain.
Q – Usage and income from traveller’s sites
Traveller’s Sites
The table below details occupancy of two sites at Cromer and Fakenham for
2013/14 and to September 2014/15
34
Overview and Scrutiny Committee
15 October 2014
Site
Cromer
13/14 Occupancy
June 2 days
July 1 week
August 4 days
Sept/Nov – 6
weeks
Feb/March – 5
weeks
14/15 occupancy
April – 4 days
June – 5 days
July/Aug – 4 weeks
Aug/Sept – 2
weeks
Sept – 1 week (still
occupied)
Fakenham
July/Aug – 4 weeks
June/Sept – 12
weeks
Jan/March – 10
weeks
Income:Cromer
Fakenham
£160
£1,328
£678
£1,065
3.
The Work Programme and Future Topics
3.1
Planning Peer Review – The Chairman has raised the following item which
was mentioned within the „Progress report on Internal Audit Activity 2014/15 –
Period covered 01/04/2014 to 05/09/2014. The report refers to the Overview
and Scrutiny Committee monitoring the Peer Review Action Plan. Members
may like to consider whether this is being done and how they would like to
deal with this issue going forward.

Development Management (NN/15/03)
The audit scope included; progress with the Planning Peer Challenge
Action Plan, Planning Applications, Planning Enforcement, Building
Control and Section 106 Planning Agreements. On conclusion of the
review an Adequate assurance opinion was awarded with 2 medium
and 2 low priority recommendations being agreed with management.
The medium priority recommendations relate to the need to ensure
monthly reconciliations to the general ledger are completed and that
priority ratings are attached to enforcement sites, with sites visits
being completed within that timeframe and sample checks undertaken.
The audit also sought to confirm that progress with the key actions as
agreed on conclusion of the Planning Peer Challenge report is being
achieved and reported upon. The report included the need for the
Council to undertake a review of its end to end processing of planning
applications and planning enforcement activities, both of which are
underway. A recommendation was made for the Council to develop a
Planning Obligations Policy and Operating Procedures in October
2013, the Section 106 Obligations Operating Procedures had been
developed, however the Planning Obligations Policy had yet to be
introduced, changes will be ongoing throughout the 2015/16 financial
year. Finally, there is a previous Internal Audit recommendation which
still remains outstanding in respect of monitoring Section 106 Planning
Agreements. Weaknesses with the monitoring and oversight of
Section 106 Planning Agreements have also been raised in the
35
Overview and Scrutiny Committee
15 October 2014
Planning Peer Challenge Action Plan, which continues to be
monitored by the Overview and Scrutiny Committee.
3.2
Recording Meetings – The Openness of Local Government Regulations
2014.
The Chairman has requested that the Committee considers whether meetings
should be recorded in future to avoid potential problems with members of the
public recording meetings. A summary of the regulations is attached at
Appendix B.
36
Appendix A
OVERVIEW AND SCRUTINY COMMITTEE WORK PROGRAMME 2014/2015
Period September 2014 – December 2014
October
Tourism- wider district agenda
and information from the Broads
Authority
Health Update
Mental Health Update
Regulation of Investigatory Powers
Act- Policy
November
Work of Norfolk CAB
Overview and Scrutiny – Annual
Report
Budget Monitoring Period 6
Treasury Management Half Yearly
Report
Leisure Services – an overview of
the leisure services across the
District – to include costings, input
by stakeholders, profit etc.
Also figures on running of Pier
Theatre and Openwide contract
Russell Wright
Lucy Downing (North Norfolk Brand Manager,
Visit North Norfolk)
Bruce Hanson (Broads Authority)
John Lee
Sonia Shuter
John Lee
Maureen Orr (Norfolk County Council HOSC
Administrator)
Angie-Fitch Tillett
Nick Baker
Virginia Gay
Steven Cheshire (Chief Executive of Norfolk
Citizens Advice Bureau)
Benjie Cabbell Manners
Emma Denny
Wyndham Northam
Karen Sly
Wyndham Northam
Tony Brown
Glyn Williams
Karl Read
37
Additional Notes
Requested by the committee
Cyclical
Requested by the committee
Annual
Moved to allow time for
inspection and collating the
report
Requested by the committee
Annual
Cyclical
Cyclical
Requested by the committee
Profile of those using leisure
centres
Outside Bodies Report
Housing Allocations SchemeMonitoring Report
Environmental Health- update
following restructure including
provision of service, impact of
inspections on voluntary groups,
and the role of environmental
health in the tourist industry.
Managing Performance Q2
December
Enforcement Board Update
Housing Incentive Scheme –
Update Review
Long Term Empty Properties
TBC
Benjie Cabbell Manners
Emma Denny
Rhodri Oliver
Nicola Turner
Angie Fitch-Tillett
Steve Hems
James Wilson
Requested by committee and
senior officers
Annual report requested by the
committee
Requested by the committee
Tom FitzPatrick
Helen Thomas
Quarterly Cyclical
Rhodri Oliver
Nick Baker
6 monthly cyclical
Customer Service Update
Glyn Williams
Nick Baker
Customer Access Strategy
Glyn Williams
Nick Baker
Annual
Planning Restructure Update
Benjie Cabbell Manners
Nicola Baker
Requested by the committee for
update 6 months following July
report
38
The Openness of Local Government
Bodies Regulations 2014
In August 2014 the Government introduced new regulations which seek to ensure
that members of public are able to report on meetings of local government bodies,
and require written records of certain decisions taken by Officers. A summary of the
new regulations is set out below.
Greater rights for reporting on Council meetings
The regulations allow the public greater rights to report at open meetings of local
government bodies by filming, photographing, audio recording or any other means.
The regulations form part of the Local Audit and Accountability Act 2014 which was
promoted by the Government as the key to helping bloggers and tweeters as well as
journalists to unlock the mysteries of local government and to make it more
transparent for all.
The regulations allow anyone to attend a public meeting of the Council for the
purposes of reporting, and allow anyone with the aim of reporting to use any
communication method, including the internet, to publish, post or otherwise share the
results of their reporting activities, during or after the meeting.
The guide makes clear that Authorities are required to provide reasonable facilities to
enable reporting. They are advised to use their common sense to determine the
range of reasonable facilities they can actively provide to the free press, but facilities
should include space to hear and view the meeting, seats and ideally a desk.
The changes in the regulations do not affect the current circumstances in which a
private meeting may be held or a person may be excluded (for example where
exempt information would be disclosed).
Reporting Decisions taken under Delegated Authority - The Regulations
The adoption of the Openness of Local Government Bodies Regulations in August
2014 changed the requirements placed on local authorities in regard to reporting
decisions taken under delegated authority by Officers.
Prior to the new regulations, Officers were required only to produce a report on
decisions taken under authority delegated to them under the Authority's Executive
powers.
The requirement has now been extended to all decisions, whether made by an
officer or on behalf of another committee/sub-committee or joint committee, in which
the Council participates. This applies where the decision has been delegated to an
officer, either under a specific delegation or under a general authorisation, and the
effect of the decision is to:
39



grant a permission or license;
affect the rights of an individual;
award a contract or incur expenditure which in either case, materially affects
the Council's financial position.
Background papers are to be made available to the public as soon as reasonably
practicable after the decision is made, at all reasonable hours at the offices, on the
website and by such other means the Council considers appropriate.
The Regulations also contain obligations to provide copies subject to the payment,
postage, copying or other necessary charges for transmission. If a request is
appropriately made, a copy of the written record and any background papers must
be provided. Written records must be retained and available for inspection for six
years with background papers being retained for four years. The written statement
needs to be available for public inspection at the Civic Offices, and should be placed
on the Council's website.
It should be noted that regulations are clear that anyone who has custody of a
document which is required to be produced and, without reasonable excuse,
intentionally obstructs or refuses access, commits an offence.
Arrangements at North Norfolk District Council
Recording of Meetings
Public seating is available for any members of public wishing to attend the meetings,
and a press desk is provided within the Council Chamber at all meetings. Members
of public are welcome to record the proceedings, unless such recording is done in
such a way that the meeting is disrupted. All committee agendas have been updated
to include text stating that the meeting can be recorded.
Access to Reports, including reports on decisions taken under authority delegated to
Officers or Councillors
All Committee reports, with the exception of those containing exempt information,
can be found on the Council's website. A summary of decisions taken under
delegated authority can also be found on the Council's website. Copies of the
documents can be requested, though may be subject to postage, copying or any
other necessary charge for transmission.
The Planning Service maintains records of all planning-related delegated decisions
on their pages of the website. The Licensing team are working with other local
authorities across the region to ensure there is a consistent approach to recording
information relating to the granting of licences. NALEO are also working on
producing a protocol for dealing with these decisions.
40