Number of flytipping offences in Perth and Kinross between 2010 and 2018

The request was partially successful.

Jonathan Rainey

Dear Perth and Kinross 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 Perth and Kinross Council, Police Scotland (including then Tayside 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 Perth and Kinross 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 Perth and Kinross Council has to abide by when investigating flytipping cases along with dog fouling and littering cases?

Yours faithfully,

Jonathan Rainey

FOI - Generic Email Account, Perth and Kinross Council

Dear Mr Rainey

Freedom of Information (Scotland) Act  2002
The Environmental Information (Scotland) Regulations (EIRs) 2004
Request for Information – Flytipping

I acknowledge receipt of your request for information dated 9 May 2019.

I understand that the information you seek is:- 

Question 1

Between the years 2010 and 2018, how many flytipping incidents in the
county that your authority controls were reported to:

a)    Perth and Kinross Council

b)    Police Scotland (including then Tayside Police)

c)    the Scottish Environmental Protection Agency

Question 2

Between the years 2010 and 2018:

a)    How many flytipping cases were dropped because the evidence was
found to be tampered with?

b)    How many were dropped due to fears of reprisals from the reported
offender(s)?

c)    How many were also dropped due to lack of evidence?

Question 3

a)    Can the citizens of the Perth and Kinross area set up their own
covert surveillance cameras to capture flytippers in the act themselves?

b)    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?

c)    If high-quality footage of an offence was successfully captured, can
the footage be used in court?

Question 4

What is the Litter Control Strategy that Perth and Kinross Council has to
abide by when investigating flytipping cases along with dog fouling and
littering cases?

 

Police Scotland and the Scottish Environmental Protection Agency have a
separate legal status from Perth and Kinross Council.

 

The information you have requested is not held by Perth and Kinross
Council and would require to be provided by Police Scotland and the
Scottish Environmental Protection Agency.  In terms of section 17(1)(b) of
the Freedom of Information (Scotland) Act 2002, this is formal notice that
this information is not held.

 

Please follow the links below for information on how to make a Freedom of
Information request with the above organisations:

 

Scottish Environmental Protection Agency -
[1]https://www.sepa.org.uk/about-us/access-...

 

Police Scotland -
[2]https://www.scotland.police.uk/access-to...

I consider that the remainder of your request is covered by the definition
of environmental information contained in the EIRs and that your request
as a whole should be dealt with under the EIRs. I am currently dealing
with your request under the EIRs and will issue my response by 7 June 2019
which is 20 working days as permitted in terms of regulation 5(2)(a) of
the above legislation.

If you do not agree with my interpretation of your request you should
contact me immediately. Please use the reference Number ATI 2019 05 09 001
in any future correspondence relating to this request.

Please click [3]here for further detailed information about how we deal
with EIRs.

If you need any further assistance please do not hesitate to contact me.

Yours sincerely

 

Information Officer

Information Compliance Team

Legal & Governance Services

Corporate and Democratic Services

2 High Street

Perth

PH1 5PH

 

Telephone 01738 477950

 

 

HOW WE USE YOUR PERSONAL INFORMATION

 

The information provided by you will be used by Perth & Kinross Council to
process your request for information.  The information will not be
disclosed to third parties.

 

For further information, please look at our website
[4]www.pkc.gov.uk/dataprotection; email [5][email address] or
phone 01738 477933.

 

 

 

 

The information in this email is solely for the intended recipients.

If you are not an intended recipient, you must not disclose, copy, or
distribute its contents or use them in any way: please advise the sender
immediately and delete this email.

Perth & Kinross Council does not warrant that this email or any
attachments are virus-free and does not accept any liability for any loss
or damage resulting from any virus infection. Perth & Kinross Council may
monitor or examine any emails received by its email system.

The information contained in this email may not be the views of Perth &
Kinross Council. It is possible for email to be falsified and the sender
cannot be held responsible for the integrity of the information contained
in it.

General enquiries to Perth & Kinross Council should be made to
[email address] or 01738 475000.

References

Visible links
1. https://www.sepa.org.uk/about-us/access-...
2. https://www.scotland.police.uk/access-to...
3. blocked::http://www.pkc.gov.uk/Council+and+govern...
http://www.pkc.gov.uk/article/14988/Requ...
4. http://www.pkc.gov.uk/dataprotection
5. mailto:[email address]

FOI - Generic Email Account, Perth and Kinross Council

Dear Mr Rainey

 

The Environmental Information (Scotland) Regulations 2004

Request for Information – Fly Tipping

 

 I refer to your request for information dated 09 May 2019

 

The information you requested was:-

 

Question 1

Between the years 2010 and 2018, how many flytipping incidents in the
county that your authority controls were reported to:

a)    Perth and Kinross Council

b)    Police Scotland (including then Tayside Police)

c)    the Scottish Environmental Protection Agency

 

Question 2

Between the years 2010 and 2018:

a)    How many flytipping cases were dropped because the evidence was
found to be tampered with?

b)    How many were dropped due to fears of reprisals from the reported
offender(s)?

c)    How many were also dropped due to lack of evidence?

 

Question 3

a)    Can the citizens of the Perth and Kinross area set up their own
covert surveillance cameras to capture flytippers in the act themselves?

b)    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?

c)    If high-quality footage of an offence was successfully captured, can
the footage be used in court?

 

Question 4

What is the Litter Control Strategy that Perth and Kinross Council has to
abide by when investigating flytipping cases along with dog fouling and
littering cases?

 

Response 

 

In relation to the above, I have been advised of the following;

 

1.    a) 3,728

b) and c) - Police Scotland and the Scottish Environmental Protection
Agency have a separate legal status from Perth and Kinross Council.

 

The information you have requested is not held by Perth and Kinross
Council and would require to be provided by Police Scotland and the
Scottish Environmental Protection Agency. In terms of regulation 10(4)(a)
of the EIRs, this is formal notice that this information is not held.

 

Under the terms of the EIRs we have to consider the public interest even
when we don’t hold the information you have requested. Because of this
requirement, I have to formally advise you that the public interest in
maintaining the exception outweighs the public interest in making the
information available. This is a legal exercise required by the Scottish
Information Commissioner.

 

2.    a) Nil

b) Nil

c) Nil

 

3.    Please note, the Freedom of Information (Scotland) Act 2002 (FOISA)
covers information held by a public authority at the time of the request. 
It does not require an authority to provide opinions or legal advice to
answer questions posed.  Questions 3 a)-c)  fall into this category and
are not a request for information we hold, and consequently are not valid
requests under the Act.

 

4.    Perth and Kinross Council’s Litter Action Plan 2015 to 2020 is based
upon the national strategy intervention themes of information
infrastructure and enforcement. The plan outlines how the Council will
contribute, where relevant, to each of these themes.

 

Enforcement is carried out in line with an approved regulatory charter
which sets out the key principles under which enforcement officers will
seek to achieve compliance with the civil and criminal legislation
enforced by the Council. 

 

[1]https://www.pkc.gov.uk/media/33861/Litte...

 

You have a right to request a review of the Council’s decision. Click
[2]here to view a copy of our information leaflet which explains how to do
this. If you remain dissatisfied after the Council has carried out its
review, you can appeal [3]online to the Scottish Information Commissioner

 

Should you require any further explanation or assistance please do not
hesitate to contact me.

 

Yours sincerely

 

Information Officer

Information Governance Team

Legal & Governance Services

Corporate and Democratic Services

2 High Street

Perth

PH1 5PH

 

Telephone 01738 477950

 

 

 

 

The information in this email is solely for the intended recipients.

If you are not an intended recipient, you must not disclose, copy, or
distribute its contents or use them in any way: please advise the sender
immediately and delete this email.

Perth & Kinross Council does not warrant that this email or any
attachments are virus-free and does not accept any liability for any loss
or damage resulting from any virus infection. Perth & Kinross Council may
monitor or examine any emails received by its email system.

The information contained in this email may not be the views of Perth &
Kinross Council. It is possible for email to be falsified and the sender
cannot be held responsible for the integrity of the information contained
in it.

General enquiries to Perth & Kinross Council should be made to
[email address] or 01738 475000.

References

Visible links
1. https://www.pkc.gov.uk/media/33861/Litte...
2. http://www.pkc.gov.uk/media/12752/Review...
3. http://www.itspublicknowledge.info/YourR...

Jonathan Rainey

Dear Perth and Kinross Council,

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

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

I thank your authority for providing information to the 1st, 2nd and 4th questions but in response to the 3rd question, considering you did not want to answer it at all, other councils have been asked the same question on whatdotheyknow.com, a public site which can be searched via major search engines, including West Dunbartonshire, Midlothian 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 Perth and Kinross 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 Perth and Kinross Council area to deploy covert and overt cameras to catch flytippers in the act? This has been advised in a 2013 ICO document (https://ico.org.uk/about-the-ico/consult...) which is where you need to confirm if you abide by the rules in the document.

An extra link to my article is provided for more references: 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?

I would also like to ask the question of how many of the 3728 reported flytipping offences between 2010 and 2018 resulted in successful prosecution? How many of the cases were reported to your authority by year? Hopefully those can be answered too.

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

FOI Review - Generic Email Account, Perth and Kinross Council

Dear Mr Rainey

Thank you for your email of 1 June 2019, in which you requested an internal review of the Council's response to your request reference ATI 2019 05 09 001, number of flytipping offences in Perth and Kinross between 2010 and 2018.

I consider your email below to be a new request for information and have passed this to the Freedom of Information Team to process. You will receive an acknowledgment of this shortly.

Regards,

Information Governance Officer
Perth & Kinross Council

show quoted sections

FOI - Generic Email Account, Perth and Kinross Council

Dear Mr Rainey

 

Freedom of Information (Scotland) Act  2002

Request for Information – Flytipping  

 

I acknowledge receipt of your request for information dated 3 June 2019.

 

I understand that the information you seek is:-

 

Question 1

If the citizens of the Perth and Kinross 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)?

 

Question 2

Does your authority use covert and overt surveillance cameras to capture
fly-tippers in the act?

 

Question 3

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 Perth and Kinross Council area to deploy covert and
overt cameras to catch flytippers in the act? This has been advised in a
2013 ICO document
([1]https://ico.org.uk/about-the-ico/consult...)
which is where you need to confirm if you abide by the rules in the
document.

 

Question 4

How many of the 3728 reported flytipping offences between 2010 and 2018
resulted in successful prosecution?

 

Question 5

How many of the cases were reported to your authority by year?

 

I am currently dealing with your request and will issue my response no
later than 1 July 2019 which is 20 working days as permitted in terms of
section 10(1) of the above legislation.

 

If you do not agree with my interpretation of your request you should
contact me immediately.

 

Please use the reference Number ATI 2019 06 03 009 in any future
correspondence relating to this request.

 

Yours sincerely

 

Information Officer

Information Compliance Team

Legal & Governance Services

Corporate and Democratic Services

2 High Street

Perth

PH1 5PH

 

Telephone 01738 477950

 

 

HOW WE USE YOUR PERSONAL INFORMATION

 

The information provided by you will be used by Perth & Kinross Council to
process your request for information.  The information will not be
disclosed to third parties.

 

For further information, please look at our website
[2]www.pkc.gov.uk/dataprotection; email [3][email address] or
phone 01738 477933.

 

 

 

 

 

The information in this email is solely for the intended recipients.

If you are not an intended recipient, you must not disclose, copy, or
distribute its contents or use them in any way: please advise the sender
immediately and delete this email.

Perth & Kinross Council does not warrant that this email or any
attachments are virus-free and does not accept any liability for any loss
or damage resulting from any virus infection. Perth & Kinross Council may
monitor or examine any emails received by its email system.

The information contained in this email may not be the views of Perth &
Kinross Council. It is possible for email to be falsified and the sender
cannot be held responsible for the integrity of the information contained
in it.

General enquiries to Perth & Kinross Council should be made to
[email address] or 01738 475000.

References

Visible links
1. https://ico.org.uk/about-the-ico/consult...
2. http://www.pkc.gov.uk/dataprotection
3. mailto:[email address]

FOI - Generic Email Account, Perth and Kinross Council

Dear Mr Rainey

 

Freedom of Information (Scotland) Act 2002

Request for Information – Fly Tipping

 

I refer to your request for information dated 03 June 2019

 

The information you requested was:-

 

Question 1

If the citizens of the Perth and Kinross 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)?

 

Question 2

Does your authority use covert and overt surveillance cameras to capture
fly-tippers in the act?

 

Question 3

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 Perth and Kinross Council area to deploy covert and
overt cameras to catch flytippers in the act? This has been advised in a
2013 ICO document
([1]https://ico.org.uk/about-the-ico/consult...)
which is where you need to confirm if you abide by the rules in the
document.

 

Question 4

How many of the 3728 reported flytipping offences between 2010 and 2018
resulted in successful prosecution?

 

Question 5

How many of the cases were reported to your authority by year?

 

Response 

 

In relation to the above, I have been advised of the following;

 

1.    No

 

2.    No

 

3.    Please note, the Freedom of Information (Scotland) Act 2002 (FOISA)
covers information held by a public authority at the time of the request. 
It does not require an authority to create new information in response to
a request, nor to provide legal advice on questions posed.  Question 3
falls under legal advice and is not a request for information we hold, and
consequently is not a valid request under the Act.

 

4.    None

 

5.    2010 – 387

2011 – 452

2012 – 352

2013 – 409

2014 – 500

2015 – 522

2016 – 702

2017 - 404

 

You have a right to request a review of the Council’s decision. Click
[2]here to view a copy of our information leaflet which explains how to do
this. If you remain dissatisfied after the Council has carried out its
review, you can appeal [3]online to the Scottish Information Commissioner

 

Should you require any further explanation or assistance please do not
hesitate to contact me.

 

Yours sincerely

 

Information Officer

Information Governance Team

Legal & Governance Services

Corporate and Democratic Services

2 High Street

Perth

PH1 5PH

 

Telephone 01738 477950

 

 

 

 

 

The information in this email is solely for the intended recipients.

If you are not an intended recipient, you must not disclose, copy, or
distribute its contents or use them in any way: please advise the sender
immediately and delete this email.

Perth & Kinross Council does not warrant that this email or any
attachments are virus-free and does not accept any liability for any loss
or damage resulting from any virus infection. Perth & Kinross Council may
monitor or examine any emails received by its email system.

The information contained in this email may not be the views of Perth &
Kinross Council. It is possible for email to be falsified and the sender
cannot be held responsible for the integrity of the information contained
in it.

General enquiries to Perth & Kinross Council should be made to
[email address] or 01738 475000.

References

Visible links
1. https://ico.org.uk/about-the-ico/consult...
2. http://www.pkc.gov.uk/media/12752/Review...
3. http://www.itspublicknowledge.info/YourR...