Number of Flytipping offences between 2010 and 2018

Jonathan Rainey made this Freedom of Information request to Glasgow City Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Jonathan Rainey

Dear Glasgow City Council,

I write this letter under the Freedom of Information Act 2000 to request the following information on flytipping:

1. How many flytipping incidents in the county that your authority controls were reported to Glasgow City Council, Police Scotland (including then Strathclyde Police) and the Scottish Environmental Protection Agency between 2010 and 2018?
2. How many flytipping cases were dropped between 2010 and 2018 because the evidence was found to be tampered with? Also, how many were dropped due to fears of reprisals from the reported offender(s)? How many were also dropped due to lack of evidence?
3. Can the citizens of Glasgow set up their own covert surveillance cameras to capture flytippers in the act themselves? If so, apart from Article 8 of the European Convention on Human Rights (especially regarding section 2 on privacy being exempt in the interest of preventing crime and disorder) what exact laws need to be taken into consideration which includes regards to the Information Commissioner’s Office? If high-quality footage of an offence was successfully captured, can the footage be used in court?
4. What is the Litter Control Strategy that Glasgow City Council has to abide by when investigating flytipping cases along with dog fouling and littering cases?

Yours faithfully,

Jonathan Rainey

Customer Care Centre, Glasgow City Council

New Service Request was submitted: RQST00006949093
You can simply reply to this Email, and your reply
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FOI_CCT, Glasgow City Council

1 Attachment

OFFICIAL

 

Dear Mr Rainey

 

Thank you for your email received on 5 May 2019 requesting information
under the Freedom of Information (Scotland) Act 2002.

 

Please find attached your response.

 

Yours sincerely

 

 

 

Information and Data Protection Team

Chief Executive’s Department

 

 

 

 

OFFICIAL

Glasgow - UK Council of the Year 2015
Disclaimer:
This email is from Glasgow City Council or one of its Arm’s Length
Organisations (ALEOs). Views expressed in this message do not necessarily
reflect those of the council, or ALEO, who will not necessarily be bound
by its contents. If you are not the intended recipient of this email (and
any attachment), please inform the sender by return email and destroy all
copies. Unauthorised access, use, disclosure, storage or copying is not
permitted. Please be aware that communication by internet email is not
secure as messages can be intercepted and read by someone else. We
therefore strongly advise you not to email any information which, if
disclosed to someone else, would be likely to cause you distress. If you
have an enquiry of this nature then please write to us using the postal
system. If you choose to email this information to us there can be no
guarantee of privacy. Any email, including its content, may be monitored
and used by the council, or ALEO, for reasons of security and for
monitoring internal compliance with the office policy on staff use. Email
monitoring or blocking software is also used. Please be aware that you
have a responsibility to make sure that any email you write or forward is
within the bounds of the law. Glasgow City Council, or ALEOs, cannot
guarantee that this message or any attachment is virus free or has not
been intercepted and amended. You should perform your own virus checks.

For further information and to view the council’s Privacy Statement(s),
please click on link below:

[1]www.glasgow.gov.uk/privacy

References

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1. http://www.glasgow.gov.uk/privacy

Jonathan Rainey

Dear Glasgow City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Glasgow City Council's handling of my FOI request 'Number of Flytipping offences between 2010 and 2018'.

Although I thank you for answering the 1st and 4th questions in the previous FOI request, I am disappointed that your authority did not answer the 2nd and 3rd questions considering that many councils I have asked via whatdotheyknow.com have answered all the questions provided without making excuses and I would like to request that certain questions be answered as stated in the previous FOI request along with the following added questions below:

1. In response to your authority's response to the 2nd question, I ask 1 extra question since your authority admitted that they do not hold data on flytipping charges being no longer investigated further due to the 3 reasons provided:
How many flytipping cases reported to your authority between 2010 and 2018 resulted in FPNs and/or criminal convictions?

2. In response to the 3rd question, your authority provided no information considering that other councils that have been asked the same question on whatdotheyknow.com including nearby West Dunbartonshire, Midlothian, Stirling and West Lothian and they have openly stated that members of the public are not permitted to use covert cameras because of many laws including RIPSA 2000, Data Protection Act 1998, Dog Fouling (Scotland) Act 2003 and regulations from the Information Commissioner's Office. West Lothian Council responded to the same answered questions:

"Covert cameras would not be allowed to be set up by individuals for us to
use the footage. As a Council, if we wanted to use covert cameras we have
to comply with Regulation to Investigatory Powers (Scotland) Act 2000
(RIPSA) legislation to be able to use them.

If overt camera footage is supplied by anyone, along with a statement from
them then we could consider its use as part of evidence for issuing a
Fixed Penalty Notice."

West Dunbartonshire Council responded:

"West Dunbartonshire Council residents, as with other members of the
general public, cannot set up covert CCTV cameras. In terms of
house/residence security any CCTV cameras would have to be clearly
marked with signage. Moreover the camera itself would also need to be
positioned in such a way that it was confined to entry security and
would not capture street images which might contain personal data of
members of the public going about their daily business.

The second part of your question 3 is based on covert cameras. Only
those bodies listed in the Regulation of Investigatory Powers (Scotland)
Act are permitted to carry out covert surveillance. In this regard I would
refer you to the Office of Surveillance Commissioners.

I refer also to our response dated 27 September 2018 to your FOI
18/1951137 review request where we confirmed that West
Dunbartonshire Council does not use surveillance including covert
surveillance to pursue or identify flytipping offences."

I would like to rephrase the questions so they can be answered in this internal review request:
i) If the citizens of the Glasgow City Council area give over their contact details to your authority when reporting flytippers, are their details involving their name(s) and address(es) mentioned to the offender(s)?
ii) Does your authority use covert and overt surveillance cameras to capture flytippers in the act?
iii) Would Article 8 (Section 2 for exemption to privacy) of the European Convention on Human Rights be applied as an excuse by your authority and the citizens of the Glasgow City Council area to deploy covert and overt cameras to catch flytippers in the act? To explain the context of the 3rd question, this has been advised in a 2013 ICO document (see link here: https://ico.org.uk/about-the-ico/consult...).

An extra link to my article is provided: https://jrainey94.wixsite.com/younglitte...

Can your authority confirm if all the rules and regulations highlighted in this internal review request as well as the article above are abided by?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Jonathan Rainey

Customer Care Centre, Glasgow City Council

New Service Request was submitted: RQST00006980512
You can simply reply to this Email, and your reply
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FOI Reviews, Glasgow City Council

1 Attachment

Dear Mr Rainey,

 

I refer to your request for a formal review of the decision made in
connection with your Information Request and attach herewith
acknowledgement letter for your information.

 

Regards,

 

FOI Review Team

Glasgow City Council

[1]www.glasgow.gov.uk

 

 

 

 

Glasgow - UK Council of the Year 2015
Disclaimer:
This email is from Glasgow City Council or one of its Arm’s Length
Organisations (ALEOs). Views expressed in this message do not necessarily
reflect those of the council, or ALEO, who will not necessarily be bound
by its contents. If you are not the intended recipient of this email (and
any attachment), please inform the sender by return email and destroy all
copies. Unauthorised access, use, disclosure, storage or copying is not
permitted. Please be aware that communication by internet email is not
secure as messages can be intercepted and read by someone else. We
therefore strongly advise you not to email any information which, if
disclosed to someone else, would be likely to cause you distress. If you
have an enquiry of this nature then please write to us using the postal
system. If you choose to email this information to us there can be no
guarantee of privacy. Any email, including its content, may be monitored
and used by the council, or ALEO, for reasons of security and for
monitoring internal compliance with the office policy on staff use. Email
monitoring or blocking software is also used. Please be aware that you
have a responsibility to make sure that any email you write or forward is
within the bounds of the law. Glasgow City Council, or ALEOs, cannot
guarantee that this message or any attachment is virus free or has not
been intercepted and amended. You should perform your own virus checks.

For further information and to view the council’s Privacy Statement(s),
please click on link below:

[2]www.glasgow.gov.uk/privacy

References

Visible links
1. http://www.glasgow.gov.uk/
2. http://www.glasgow.gov.uk/privacy

FOI Reviews, Glasgow City Council

1 Attachment

Dear Mr Rainey

 

On behalf of Carole Forrest, Director of Governance and Solicitor to the
Council, please find attached Glasgow City Council's response to your
request for review of your information request.

 

Regards,

 

FOI Review Team

Glasgow City Council

[1]www.glasgow.gov.uk

 

 

Glasgow - UK Council of the Year 2015
Disclaimer:
This email is from Glasgow City Council or one of its Arm’s Length
Organisations (ALEOs). Views expressed in this message do not necessarily
reflect those of the council, or ALEO, who will not necessarily be bound
by its contents. If you are not the intended recipient of this email (and
any attachment), please inform the sender by return email and destroy all
copies. Unauthorised access, use, disclosure, storage or copying is not
permitted. Please be aware that communication by internet email is not
secure as messages can be intercepted and read by someone else. We
therefore strongly advise you not to email any information which, if
disclosed to someone else, would be likely to cause you distress. If you
have an enquiry of this nature then please write to us using the postal
system. If you choose to email this information to us there can be no
guarantee of privacy. Any email, including its content, may be monitored
and used by the council, or ALEO, for reasons of security and for
monitoring internal compliance with the office policy on staff use. Email
monitoring or blocking software is also used. Please be aware that you
have a responsibility to make sure that any email you write or forward is
within the bounds of the law. Glasgow City Council, or ALEOs, cannot
guarantee that this message or any attachment is virus free or has not
been intercepted and amended. You should perform your own virus checks.

For further information and to view the council’s Privacy Statement(s),
please click on link below:

[2]www.glasgow.gov.uk/privacy

References

Visible links
1. http://www.glasgow.gov.uk/
2. http://www.glasgow.gov.uk/privacy

FOI_CCT, Glasgow City Council

For the attention of Mr Jonathan Rainey

 

Dear Mr Rainey

 

We refer to your e-mail correspondence of 5 June 2019 in which you ask how
many of the cases reported to Glasgow City Council as fly tipping between
2010 and 2018 resulted in FPNs and/or criminal convictions.  This request
is logged with reference EIR 6983909. 

 

We confirm that, due to the subject matter of your request, Glasgow City
Council is treating your request for this new information in terms of the
Environmental Information (Scotland) Regulations 2004 (“the EIRs”).

 

Regulation 8 of the EIRs allows Scottish public authorities to charge a
fee for information, prior to releasing it.  However, on this occasion,
Glasgow City Council will respond to your request without charge.

 

Regulation 7(1) of the EIRs allows Scottish public authorities to extend
the 20 working day deadline for complying with a request by up to 20
additional working days if the volume / complexity of the information
makes it impracticable for the authority either to comply with the request
within the initial period for response or to make a decision to refuse to
do so.

 

In this case, our colleagues in Neighbourhoods and Sustainability have
advised that it will not be possible for them to collate all information
to enable us to issue a response to you within 20 working days, and so we
will require to extend the deadline for response by, at most, a further
twenty working days.   

 

In regard to the information we can provide to you, please note that,
whilst the Council can refer cases to the Crown Office and Procurator
Fiscal Service, any criminal convictions would be determined by the Crown
Office and Procurator Fiscal Service and you are advised to re-direct that
part of your enquiry to them at their Glasgow Office.  

 

Right of Review

 

Under the Environmental Information (Scotland) Regulations 2004, if you
are dissatisfied with the way in which Glasgow City Council has dealt with
your request for information to date, you are entitled to require the
Council to review its response.  Please note that for a review to take
place you must:

 

·         Lodge a written requirement for a review within 40 working days
of the date of this letter

·         Include a correspondence address, a description of the original
request and the reason why you are dissatisfied

·         Address your request to the Director of Governance and Solicitor
to the Council:

 

Director of Governance and Solicitor to the Council

Glasgow City Council

City Chambers

George Square

Glasgow G2 1DU

 

Email: [1][email address]

 

You will receive notice of the results of the review within 20 working
days of receipt of your request. 

 

The notice will state the decision reached by the reviewing officer as
well as details of how to appeal to the Scottish Information Commissioner
if you are still dissatisfied with the Council’s response.  You must
request an internal review by the Council before a complaint can be
directed to the Scottish Information Commissioner. 

 

For your information at this stage, if you do remain dissatisfied with the
outcome of the Council’s review decision, an appeal can be made to the
Scottish Information Commissioner by contacting his office as follows -  

 

Address: Kinburn Castle, Doubledykes Road, St Andrews, KY16 9DS.

Email: [2][email address]

Telephone: 01334 464610

 

You can also use the Scottish Information Commissioner’s online appeal
service to make an application for a decision:
[3]www.itspublicknowledge.info/appeal

 

Please note that you cannot make an appeal to the Scottish Information
Commissioner until you have first requested an internal review by the
Council.

 

If you wish to submit a complaint to the Council in relation to the manner
in which it has handled your request for information, you can do so by
requesting that the Council reviews its response.  Details of how to
request a review are set out under the ‘Right of Review’ information.

 

Whilst we will, of course, provide you with a response to your request at
the earliest opportunity, in the meantime please accept our apologies for
the delay in providing you with the information you have requested.

 

With kind regards,

 

Information and Data Protection Team

 

 

Chief Executive’s Department

Glasgow City Council

 

 

 

       

 

 

 

Glasgow - UK Council of the Year 2015
Disclaimer:
This email is from Glasgow City Council or one of its Arm’s Length
Organisations (ALEOs). Views expressed in this message do not necessarily
reflect those of the council, or ALEO, who will not necessarily be bound
by its contents. If you are not the intended recipient of this email (and
any attachment), please inform the sender by return email and destroy all
copies. Unauthorised access, use, disclosure, storage or copying is not
permitted. Please be aware that communication by internet email is not
secure as messages can be intercepted and read by someone else. We
therefore strongly advise you not to email any information which, if
disclosed to someone else, would be likely to cause you distress. If you
have an enquiry of this nature then please write to us using the postal
system. If you choose to email this information to us there can be no
guarantee of privacy. Any email, including its content, may be monitored
and used by the council, or ALEO, for reasons of security and for
monitoring internal compliance with the office policy on staff use. Email
monitoring or blocking software is also used. Please be aware that you
have a responsibility to make sure that any email you write or forward is
within the bounds of the law. Glasgow City Council, or ALEOs, cannot
guarantee that this message or any attachment is virus free or has not
been intercepted and amended. You should perform your own virus checks.

For further information and to view the council’s Privacy Statement(s),
please click on link below:

[4]www.glasgow.gov.uk/privacy

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.itspublicknowledge.info/appeal
4. http://www.glasgow.gov.uk/privacy

FOI_CCT, Glasgow City Council

1 Attachment

OFFICIAL

FOR THE ATTENTION OF MR JONATHAN RAINEY

 

Dear Mr Rainey

 

Please find attached Glasgow City Council’s response to your request for
information about Fixed Penalty Notices and / or criminal convictions in
regard to fly tipping.

 

With kind regards

 

Information and Data Protection Team

 

 

Chief Executive’s Department

Glasgow City Council

40 John Street

GLASGOW

G1 1JL

 

E-mail: [1][email address]

 

 

OFFICIAL

Glasgow - UK Council of the Year 2015
Disclaimer:
This email is from Glasgow City Council or one of its Arm’s Length
Organisations (ALEOs). Views expressed in this message do not necessarily
reflect those of the council, or ALEO, who will not necessarily be bound
by its contents. If you are not the intended recipient of this email (and
any attachment), please inform the sender by return email and destroy all
copies. Unauthorised access, use, disclosure, storage or copying is not
permitted. Please be aware that communication by internet email is not
secure as messages can be intercepted and read by someone else. We
therefore strongly advise you not to email any information which, if
disclosed to someone else, would be likely to cause you distress. If you
have an enquiry of this nature then please write to us using the postal
system. If you choose to email this information to us there can be no
guarantee of privacy. Any email, including its content, may be monitored
and used by the council, or ALEO, for reasons of security and for
monitoring internal compliance with the office policy on staff use. Email
monitoring or blocking software is also used. Please be aware that you
have a responsibility to make sure that any email you write or forward is
within the bounds of the law. Glasgow City Council, or ALEOs, cannot
guarantee that this message or any attachment is virus free or has not
been intercepted and amended. You should perform your own virus checks.

For further information and to view the council’s Privacy Statement(s),
please click on link below:

[2]www.glasgow.gov.uk/privacy

References

Visible links
1. mailto:[email address]
2. http://www.glasgow.gov.uk/privacy