Number of flytipping offences in Clackmannanshire between 2010 and 2018

The request was partially successful.

Jonathan Rainey

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

Yours faithfully,

Jonathan Rainey

Rhea McFarlane, Clackmannanshire Council

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To:
Mr. Jonathan Rainey Contact: Rhea McFarlane
Tel. No: 01259 450000
Ref: DEV04AB647
Date: 10/05/2019

Dear Mr. Rainey

Freedom of Information : DEV04AB647

I acknowledge receipt of your request for information which was received
on 10/05/2019 about Flytipping.   It will be forwarded to the appropriate
Council Service for action and you should receive a response, or a request
for clarification by 10/06/2019. If there is a need to clarify anything
relating to your request, colleagues will contact you.  

If you have any queries about this letter, please contact me.  

Yours sincerely

Rhea McFarlane

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References

Visible links
1. http://www.clacks.gov.uk/
2. http://twitter.com/clackscouncil
3. http://www.facebook.com/officialclackman...

Courtney Beresford, Clackmannanshire Council

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To:
Mr. Jonathan Rainey Contact: Andrew Crawford
  Tel. No: 01259 450000
Ref: DEV04AB647
Date: 28/05/2019

Dear Mr. Rainey

Freedom of Information Enquiry: DEV04AB647

Thank you for your information request dated 10/05/2019.

I am happy to supply you with the information you requested.

1. How many flytipping incidents in the county that your authority
controls were reported to Clackmannanshire Council, Police Scotland
(including then Central Scotland Police) and the Scottish Environmental
Protection Agency between 2010 and 2018?

We do not retain records that long.  Our records are only retained from
1/1/2012.  We do not record a category of Flytipping but categorise as
"Illicit Dumping" of which there have been 193 cases reported since
1/1/12.  We do not record incidents reported to Police Scotland or SEPA,
you will need to contact them directly.

2. How many flytipping cases were dropped between 2010 and 2018 because
the evidence was found to be tampered with?

NIL recorded

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?

NIL recorded

3. Can the citizens of the Clackmannanshire area set up their own covert
surveillance cameras to capture flytippers in the act themselves?

This information is not recorded.  Direct this enquiry to the Information
Commissioner Office.

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?

Direct this enquiry to the Information Commissioners Office.

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

Direct this enquiry to the Crown Office & Procurator Fiscal Service.

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

There is no litter control strategy recorded.
 

Yours sincerely

Andrew Crawford

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| If you are not satisfied with this response, you may contact the |
| Council’s Head of Resources and Governance seeking a review of your |
| request. within 40 working days of receiving the response (the |
| address is: Clackmannanshire Council, Kilncraigs, Alloa FK10 1EB. |
| (Email address: [Clackmannanshire Council request email]). If you are not satisfied with |
| the outcome of the review you have the right to appeal directly to |
| The Scottish Information Commissioner, Kinburn Castle, Doubledykes |
| Road, St. Andrews, Fife KY16 9DS, or online |
| www.itspublicknowledge.info/Appeal within 6 months. |
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References

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1. http://www.clacks.gov.uk/
2. http://twitter.com/clackscouncil
3. http://www.facebook.com/officialclackman...

Jonathan Rainey

Dear Clackmannanshire Council,

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

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

Although I thank you for answering the 1st question in the previous FOI request, I would like to request that certain questions be answered as stated in the previous FOI request along with the following questions below:

1. In response to the 2nd question, you answered it by stating 'none' considering that a total of 193 cases were reported to your authority between 2012 and 2018 so I ask the previous questions along with 1 new question again:
i) How many flytipping cases reported to your authority between 2010 and 2018 resulted in FPNs and/or criminal convictions?
ii) How many flytipping cases reported to your authority between 2010 and 2018 were subject to no further investigation due to insufficient evidence?
iii) How many flytipping cases reported to your authority between 2010 and 2018 were not subject to further investigation due to tampering of evidence?
iv) How many flytipping cases reported to your authority between 2010 and 2018 were not subject to further investigation due to concerns raised from the complainant(s) about reprisals from the reported offender(s)?

2. In response to the 3rd question, other councils have been asked the same question on whatdotheyknow.com including West Dunbartonshire 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 Clackmannanshire 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 Clackmannanshire 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 and puts us slightly to the start of question 3.

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?

I will pass on your response to part 3 of question 3 in the previous FOI request to the courts.

4. Does your authority abide by COPLAR 2018?

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

Dana Scjalokaite, Clackmannanshire Council

1 Attachment

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| Clackmannanshire Council, Kilncraigs, Alloa, Clackmannanshire FK10 ||
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To:
Mr. Jonathan Rainey Contact: Dana Scjalokaite
Tel. No: 01259 450000
Ref: DEV04AB647
Date: 03/06/2019

Dear Mr. Rainey

Freedom of Information : DEV04AB647

I acknowledge receipt of your request for a review which was received on
30/05/2019 about Flytipping. It will be forwarded to the appropriate
Council Service for action and you should receive a response by
27/06/2019.

Please note that your rephrased and added questions will be treated as a
new FOI and you will get a separate acknowledgement letter shortly.

If you have any queries about this letter, please contact me.

Yours sincerely,

Dana Scjalokaite

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|  If you are not satisfied with the outcome of the review you have |
| the right to appeal directly to The Scottish Information |
| Commissioner, Kinburn Castle, Doubledykes Road, St. Andrews, Fife |
| KY16 9DS, or online www.itspublicknowledge.info/Appeal within 6 |
| months. |
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References

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1. http://www.clacks.gov.uk/
2. http://twitter.com/clackscouncil
3. http://www.facebook.com/officialclackman...

Rhea McFarlane, Clackmannanshire Council

1 Attachment

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| Clackmannanshire Council, Kilncraigs, Alloa, Clackmannanshire FK10 ||
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To:
Mr. Jonathan Rainey Contact: Rhea McFarlane
Tel. No: 01259 450000
Ref: DEV04E2225
Date: 03/06/2019

Dear Mr. Rainey

Freedom of Information : DEV04E2225

I acknowledge receipt of your request for information which was received
on 03/06/2019 about Flytipping.   It will be forwarded to the appropriate
Council Service for action and you should receive a response, or a request
for clarification by 01/07/2019. If there is a need to clarify anything
relating to your request, colleagues will contact you.  

If you have any queries about this letter, please contact me.  

Yours sincerely

Rhea McFarlane

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References

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2. http://twitter.com/clackscouncil
3. http://www.facebook.com/officialclackman...

Kate Smith, Clackmannanshire Council

1 Attachment

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| Clackmannanshire Council, Kilncraigs, Alloa, Clackmannanshire FK10 ||
| 1EB                                       ||
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To:
Mr. Jonathan Rainey Contact: Andrew Crawford
  Tel. No: 01259 450000
Ref: DEV04E2225
Date: 17/06/2019

Dear Mr. Rainey

Freedom of Information Enquiry: DEV04E2225

Thank you for your information request dated 03/06/2019.

I am happy to supply you with the information you requested.

1) How many flytipping cases reported to your authority between 2010 and
2018 resulted in FPNs and/or criminal convictions?
    NIL

2) If the citizens of the Clackmannanshire 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)?
   The answer to this is specific on the progress of the investigation,
the willingness of the person reporting the incident and whether this
would be advantageous to the investigation.  We would not divulge any
personal information without the consent of the                          
                                                                         
                                           owner unless required to do so
by law.

3) Does your authority use covert and overt surveillance cameras to
capture flytippers in the act?
   No.  If we did decide it was necessary we would follow RIPSA
requirements.

4) 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 Clackmannanshire 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...
practice-for-covert-surveillance-and-covert-human-intelligence-sources/)
Your link leads                                                          
                                     to a closed consultation by the ICO.
 This Authority treats all reports of illicit dumping on an individual
basis.  The actions followed to investigate each case will be determined
on its own merits.  All actions taken will comply with relevant
legislation concerning privacy laws.
   
5) 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?
    This has already been fully answered above.  The link above leads to
nothing of relevance.

6) Does your authority abide by COPLAR 2018?
   This Authority has regard to all guidance issued by the Scottish
Government in relation to regulation.
 

Yours sincerely

Andrew Crawford

+------------------------------------------------------------------------+
| If you are not satisfied with this response, you may contact the |
| Council’s Head of Resources and Governance seeking a review of your |
| request. within 40 working days of receiving the response (the |
| address is: Clackmannanshire Council, Kilncraigs, Alloa FK10 1EB. |
| (Email address: [Clackmannanshire Council request email]). If you are not satisfied with |
| the outcome of the review you have the right to appeal directly to |
| The Scottish Information Commissioner, Kinburn Castle, Doubledykes |
| Road, St. Andrews, Fife KY16 9DS, or online |
| www.itspublicknowledge.info/Appeal within 6 months. |
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References

Visible links
1. https://ico.org.uk/about-the-ico/consult...
2. http://www.clacks.gov.uk/
3. http://twitter.com/clackscouncil
4. http://www.facebook.com/officialclackman...

Dana Scjalokaite, Clackmannanshire Council

2 Attachments

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| Clackmannanshire Council, Kilncraigs, Alloa, Clackmannanshire FK10 ||
| 1EB                                       ||
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To:
Mr. Jonathan Rainey Contact: Dana Scjalokaite
  Tel. No: 01259 450000
Ref: DEV04AB647
Date: 17/06/2019

Dear Mr. Rainey

Freedom of Information Review: DEV04AB647

Please see attached.

Yours sincerely,

Dana Scjalokaite

(See attached file: Review DEV04AB647.docx)

+------------------------------------------------------------------------+
|  If you are not satisfied with the outcome of the review you have |
| the right to appeal directly to The Scottish Information |
| Commissioner, Kinburn Castle, Doubledykes Road, St. Andrews, Fife |
| KY16 9DS, or online www.itspublicknowledge.info/Appeal within 6 |
| months. |
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References

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