Detering anti-social behaviour

A housing association could be judicially reviewed for its use of covert CCTV, or face claims for breach of human rights by an individual captured on film, if the situation is not managed properly.

Clear use of CCTV

A housing association is permitted to set up a CCTV system in a block of flats as a deterrent to anti-social behaviour, or to monitor those engaging in it. However, it would need to consult the ICO guidance to ensure a breach under the Data Protection Act is avoided and would need to update the ICO on its use of CCTV on a yearly basis.

If you implement CCTV in this way then you should notify all of the tenants in the block of its installation.  Clear signs must also be displayed throughout the area being monitored. These should include details that the housing association is the owner/operator of the cameras and a contact telephone number for the department that will be overseeing its use, should anyone wish to discuss their concerns.

Covert camera use

If it becomes necessary to use covert cameras for a particular reason, housing associations should apply the requirements of the Regulation of Investigatory Powers Act 2000 (RIPA).  Prior to the use of covert surveillance, a full RIPA authority form should be completed and the need for such surveillance should be assessed and clearly communicated.

Covert cameras can intrude on a person's article 8 rights under the European Convention of Human Rights, which states: 'Everyone has the right to respect for his private and family life, his home and his correspondence'. However, an allegation of breach of article 8 can be defended if the covert surveillance is necessary for the prevention of crime and disorder and its use is proportionate.

An application must be made by the housing association to its designated authorising officer. Only specific public bodies can apply for its use and a full list of these authorities can be found in schedule one of RIPA.  Once authorisation is given, the covert surveillance can be utilised for no more than three months.

In your application it must be clear why the interference with a person's article 8 rights is necessary and justified.  The 2010 case of Jenny Paton v Poole Borough Council sets out the pitfalls of giving insufficient attention to the RIPA application.  The council used surveillance to monitor parents suspected of evading school catchment rules, arguing that their application and supply of a false address could have amounted to an offence under The Fraud Act 2006. However, the RIPA application form did not identify a specific criminal offence and it emerged that a prosecution was unlikely.  This led to a declaration that there had been breach of article 8 against all family members and the authority could not rely on the RIPA authorisation to defeat the Human Rights Act claim and to uphold the lawfulness of the surveillance.

The use of covert surveillance can therefore have deep ramifications if the relevant protocol is not followed and if its use is not covered by a stringent internal policy.

Presenting your evidence

CCTV evidence can be produced as evidence in civil proceedings, which include anti-social behaviour injunctions and possession hearings, as long as the footage is of sufficient relevance. The use of CCTV evidence in anti-social behaviour related proceedings could be extremely helpful to secure the outcome desired.
 
CCTV evidence can however be contested, which highlights the need for strict internal guidelines identifying how the footage is gathered, controlled, stored, edited (to protect identities of irrelevant parties) and who would have access to footage. If footage is not stored correctly or can be accessed by an unqualified person who could modify the footage, the case could be lost. The cameras would also need to be of sufficient quality to ensure that a person can be identified from the footage; this may require some testing prior to the purchase and installation of cameras.
 
Click here to access a code of practice which provides a great deal of guidance on ensuring that the cameras comply with the law and also how to create sufficient policies to govern their use.