Number of flytipping offences in Dumfries & Galloway between 2010 and 2018

Response to this request is delayed. By law, Dumfries and Galloway Council should normally have responded promptly and by (details)

Jonathan Rainey

Dear Dumfries and Galloway 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 Dumfries & Galloway 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 the Dumfries & Galloway area 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 Dumfries & Galloway Council has to abide by when investigating flytipping cases along with dog fouling and littering cases?

Yours faithfully,

Jonathan Rainey

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information which was received on 07/05/2019 which we are dealing with in terms of the above legislation. We have given your request the unique reference 409499 and we would appreciate it if you could quote this on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to your request within 20 working days from the day after your request was received. We will therefore aim to respond to your request by 04/06/2019.

Please be aware that, in some circumstances, a fee may be payable for the retrieval, collation and provision of the information you have requested. If this is the case, a fees notice will be issued, which would need to be paid in order to progress your request.

If your request for information is considered and deemed as a 'business as usual' request, it will be responded to by the appropriate Service within the Council.

If you have any queries in the meantime, please contact [email address].

Kind Regards

FOI Unit
Dumfries and Galloway Council

Jonathan Rainey

Dear Dumfries and Galloway Council,

I issue a correction where I stated in the previous letter that information should be included from then-Strathclyde Police. I actually should have said Dumfries and Galloway Constabulary.

Please accept my apologies.

Yours faithfully,

Jonathan Rainey

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for you for the further correspondence which was received on 09/05/2019. This will be recorded with your information request and will be considered as required.

If you have any queries in the meantime, please do not hesitate to contact [email address]

Kind Regards

FOI Unit
Dumfries and Galloway Council

Dumfries and Galloway Council

Please find below the Council's response to your request 409499 which was received on 07/05/2019.

Details of request: 1. How many flytipping incidents in the county that your authority controls were reported to Dumfries & Galloway 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 the Dumfries & Galloway area 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 Dumfries & Galloway Council has to abide by when investigating flytipping cases along with dog fouling and littering cases?

Response:

1. From 2012 there have been 2699 incidents. We do not hold the figures before that. Dumfries and Galloway Council do not hold details of fly-tipping reported to the Police or SEPA.
2a. In accordance with Section 17(1)(b) of the Freedom of Information (Scotland) Act 2002, Dumfries and Galloway Council can confirm we do not hold the information requested as we do not record this seperately.
2b. 0
3. In accordance with Section 17(1)(b) of the Freedom of Information (Scotland) Act 2002, Dumfries and Galloway Council can confirm we do not hold the information requested as we do not deal with this.
4. Flytipping - Environmental Protection Act 1990 Section 33a + Section 33c
Littering - Environmental Protection Act 1990 Section 87 + 88
Dog Fouling - Dog Fouling (Scotland) Act 2003.

Please be aware that the Council holds the copyright, where applicable, for the information provided and it may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the material not being used in a misleading context. The source of the material must be acknowledged as Dumfries and Galloway Council and the title of the document must be included when being reproduced as part of another publication or service.

If you require any further clarification, please contact us. However, if you are not satisfied with the way in which your request has been dealt with, you can request us to carry out an internal review of the decision by emailing [email address] or writing to us within 40 working days of receiving this response.

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made online at www.itspublicknowledge.info/Appeal or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind Regards

FOI Unit
Dumfries and Galloway Council

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Jonathan Rainey

Dear Dumfries and Galloway Council,

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

I am writing to request an internal review of Dumfries and Galloway Council's handling of my FOI request 'Number of flytipping offences in Dumfries & Galloway between 2010 and 2018'.

"1. How many flytipping incidents in the county that your authority controls were reported to Dumfries and Galloway 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 the Dumfries and Galloway area 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 Dumfries & Galloway Council has to abide by when investigating flytipping cases along with dog fouling and littering cases?"

Your response was as follows:

" 1. From 2012 there have been 2699 incidents. We do not hold the figures before that. Dumfries and Galloway Council do not hold details of fly-tipping reported to the Police or SEPA.
2a. In accordance with Section 17(1)(b) of the Freedom of Information (Scotland) Act 2002, Dumfries and Galloway Council can confirm we do not hold the information requested as we do not record this seperately.
2b. 0
3. In accordance with Section 17(1)(b) of the Freedom of Information (Scotland) Act 2002, Dumfries and Galloway Council can confirm we do not hold the information requested as we do not deal with this.
4. Flytipping - Environmental Protection Act 1990 Section 33a + Section 33c
Littering - Environmental Protection Act 1990 Section 87 + 88
Dog Fouling - Dog Fouling (Scotland) Act 2003."

Although I thank you for answering the 1st and 4th questions, I have decided to lodge this request for an internal review with extra sentences and questions to back up my reasons:

1. Considering that your authority answered the first questions in good response, albeit I fully acknowledge that you do not hold the reported flytipping statistics for Police Scotland and SEPA, can you site the number of offences reported per year between 2012 and 2018?

2. It is quite odd that no response has been given to the 2nd question considering that other local authorities I have asked on whatdotheyknow.com including West Dunbartonshire, West Lothian, Shetland Islands and Comhairlie nan Eilean Siar have been happy to answer the 2nd question with statistics or a simple answer of 'None'. So therefore can your authority answer the 2nd question albeit it be split into 3 parts?

3. The 3rd question was also answered happily and honestly by both West Dunbartonshire and West Lothian Councils. 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."

Can your authority confirm if these above procedures along with the COPLAR 2018 and guidelines by the Information Commissioner's Officer are followed?

I hope these questions will be answered in good time.

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

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for a formal review which was received on 27/05/2019 and is being dealt with. We will respond within 20 working days from the day after the request was received. A response to your request will be sent promptly, and in any event not later than 24/06/2019.

If you have any queries in the meantime, please do not hesitate to contact [email address].

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

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