Number of Flytipping offences in Inverclyde between 2010 and 2018

The request was partially successful.

Jonathan Rainey

Dear Inverclyde 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 Inverclyde 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 Inverclyde Council has to abide by when investigating flytipping cases along with dog fouling and littering cases?

Yours faithfully,

Jonathan Rainey

foi, Inverclyde Council

Classification: Official

 

Good Afternoon,

 

I acknowledge receipt of your email dated 05 May 2019 requesting
information under the Freedom of Information (Scotland) Act 2002 and I
confirm that this matter is being dealt with.

 

In terms of the Act, a response will be issued to you within 20 working
days of the date of receipt of your request being 03 June 2019.

 

Inverclyde Council is obliged to comply with current data protection laws.
Further information on how the Council uses your information can be found
at [1]www.inverclyde.gov.uk/privacy - the Freedom of Information and
Environmental Information Request Privacy Notice explains this in more
detail.

 

Regards,

Alison

 

Alison McLeod

Inverclyde Council

Municipal Buildings

Greenock
PA15 1LX

 

 

 

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References

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Veronica McGinley, Inverclyde Council

2 Attachments

Classification: No Classification

 

Dear Jonathon,

I refer to your email  of   07/05/2019  requesting information in
connection  in terms of the Freedom of Information (Scotland) Act 2002 and
would advise as follows:-

 

The information requested for your questions  is provided within the
attachment.

 

 

 

1.       How many incidents were reported to Inverclyde Council, Police
Scotland and SEPA between 2010 and 2018

I can only provide information relating to Inverclyde Council. You will
have to make a separate request to SEPA and Police Scotland for any
information they may hold. We have published information on our website.

Can  I please redirect you to our website where you will find information 
we have published  for the years 2014- 2019

 

[1]https://www.inverclyde.gov.uk/environmen...

 

 

Year Count
2009 371
2010 442
2011 364
2012 624
2013 566
2014 566
2015 467
2016 600
2017 586
2018 566
Grand Total 5152

 

 

 

 

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 fear of reprisals from the reported offender/ How many were
dropped due to lack of evidence?

 

Can I direct you to our website where you will find information  we have
published information for the years 2014- 2019

[2]https://www.inverclyde.gov.uk/environmen...

 

 

Where possible all flytipping incidences are investigated and where
sufficient evidence is found  to identify the flytipper this will be
followed up and a Fixed Penalty Notice may be  issued.  Cases are not
‘dropped’ they are just unable to be investigated further due to
insufficeint evidence to identify the flytipper being found.

 

With regard to ‘tampering’ of the evidence  this does not occure
deliberately but if there is more than one flytipping occurrence at the
same site at or around the same time it may be difficult to establish
beyond all reasonable doubt who the flytipper is for each  incidence, 
assuming there is sufficent evidence to identifty each of the potential 
fly tippers in the first place.

 

As far as I am aware there have been no cases dropped due to fear of
reprisal it is just simply that people reporting flytipping may not wish
to leave their contact details and therefore when we investigate the
flytipping incident   and we cannot find sufficient  evidence to identify 
who dumped the rubbish we cannot then investigate further as  the reporter
who may  have more useful data for us has chosen not to leave their
contact details.

Incidences of flytipping are also uncovered by our own enforcement staff
and other concerned bodies. As far as I know in this instance no case have
been dropped due to fear of reprisals.

 

Can the citizens of Glasgow set up their own covert surveillance camers to
capture flytippers in the act themselves? If so what exact laws need to be
taken into consideration?

Unfortunately I cannot answer this question for you and I would advise you
to seek your own legal advice regarding this from a solictor and the
Surveillance Commisionaire.

 

3.       What is the litter control strategy that Inverclyde Council has
to abide by when investigating flytipping cases along with dog fouling anf
littering cases?

 

+------------------------------------------------------------------------+
|We don’t have a litter control strategy. Environmental & Public|
|Protection Service enforces a plethora of legislation and enforcement of|
| this legislation adheres to the five principles of better regulation: |
| |
|  |
| |
|Proportionality |
| |
|Regulators should intervene only when necessary. Remedies should be|
|appropriate to the risk posed, and costs identified and minimised. |
| |
|  |
| |
|Accountability |
| |
|Regulators should be able to justify decisions and be subject to public|
|scrutiny. |
| |
|  |
| |
|Consistency |
| |
|Government rules and standards must be joined up and implemented fairly.|
| |
|  |
| |
|Transparency |
| |
|Regulators should be open, and keep regulations simple and|
|user-friendly. |
| |
|  |
| |
|Targeting |
| |
|Regulation should be focused on the problem and minimise side effects. |
|------------------------------------------------------------------------|
| 4.2|
+------------------------------------------------------------------------+

 

 

 

I trust this information is of assistance however I attach a copy of the
Council's review procedure should you require this.

 

 

Please note that the information provided in response to your request is,
unless otherwise indicated, copyright © Inverclyde Council 2018. It is
supplied to you in terms of the Freedom of Information (Scotland) Act 2002
or the Environmental Information (Scotland) Regulations 2004. Any further
use by you of this information must comply with the terms of the
Copyright, Designs and Patents Act 1988 as amended and/or the Copyright
and Rights in Databases Regulations 1997. In particular, any commercial
use or re-use of the information provided requires the prior written
consent of the Council. Requests for such consent should be addressed to
the Head of Legal & Democratic Services, Municipal Buildings, Clyde
Square, Greenock PA15 1LX. Some or all of the information may be subject
to third party copyright, in which case the permission of the third party
copyright holder may be required. No claim is made in respect of third
party copyright.

 

Your Sincerely

 

 

 

Veronica McGinley CTSP

Trading Standards & Enforcement Team Leader

Environmental & Public Protection

Inverclyde Council

The James Watt Building

105 Dalrymple Street

Greenock

PA15 1HU

 

01475 714271

[3][email address]

 

Inverclyde Council website – [4]www.inverclyde.gov.uk
Inverclyde on Twitter – [5]twitter.com/inverclyde

[6]mat

 

#TakeFiive   #Tell2 #Whoisatthedoor

 

 

 

 

Disclaimer:
Privileged/Confidential Information may be contained in this email. This email (and its attachments) is intended for the named addressee only. If you are not the intended recipient, you must not disclose, copy, alter, distribute, publish or take any action in reliance on this email (and its attachments.

If you have received this email (or its attachments) in error, please notify the sender immediately. Please also delete the email and destroy all copies of it and its attachments. Opinions, conclusions and other information in this email that do not relate to the official business of Inverclyde Council shall be understood as neither given nor endorsed by it.

You should perform your own virus checks. Inverclyde Council does not accept any liability for any harm that may be caused to the recipient's system or data by this email or any attachment.

Inverclyde Councils Privacy Notice is available at www.inverclyde.gov.uk/privacy

References

Visible links
1. https://www.inverclyde.gov.uk/environmen...
2. https://www.inverclyde.gov.uk/environmen...
3. mailto:[email address]
4. http://www.inverclyde.gov.uk/
5. https://twitter.com/inverclyde

Jonathan Rainey

Dear Inverclyde Council,

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

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

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 did not specify as to how many cases were not investigated further due to lack of evidence and fear of reprisals from the offender(s). I looked at the enforcement data very carefully and although it states how many FPNs were issued year by year, it does not demonstrate how many of the reported cases were never investigated further. I would like to rephrase the question so it can be answered again: How many of the reported flytipping cases from 2009 (I stated that 2010 was to be the starting year) to 2018 were not investigated further due to insufficient evidence?
i) Can the citizens of Inverclyde report offenders anonymously even with high quality video evidence?
ii) If the citizens of Inverclyde 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)?

2. In response to the 3rd question, even though I apologise for mentioning Glasgow instead of Inverclyde, nothing was answered to it at all except for yours truly to seek legal advice from a solicitor and the Surveillance Commissionaire. I have asked the very same question to every other Scottish local authority on whatdotheyknow.com and 2 of the Councils I asked the question to (West Dunbartonshire and West Lothian) have been happy to honestly answer the question. They both answered that they have to abide by existing legislation such as the EPA 1990, RIPSA 2000, Data Protection Act 1990 and guidelines from the Information Commissioner's Office. Can you confirm if your authority abides by these rules and mentioned laws?
i) I ask the question once again: Can the citizens of Inverclyde set up their own covert surveillance
cameras to capture flytippers in the act themselves?
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 Inverclyde to deploy covert and overt cameras to catch flytippers in the act?

3. In response the 4th question, you did not answer it without providing proof as it what exact strategy your authority abides by. West Lothian Council provided an example of stating that they abide by the Code of Practice on Litter and Refuse (Scotland) 2018 (COPLAR). COPLAR provides statutory guidance on fulfilling the duties under the Environmental Protection Act 1990, Section 89.
i) Can you confirm if your authority abides by this practice?

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

Vicky Pollock, Inverclyde Council

Dear Mr Rainey

 

I acknowledge receipt of your email of 22 May requesting a review of the
response to your request for information.

 

I can confirm that the matter is being dealt with and that in terms of the
relevant legislation a response will be provided within 20 Working Days of
the date of receipt of your request - that is by 21 June 2019.

 

Further information on how the Council processes your information can be
found at
[1]https://www.inverclyde.gov.uk/site-basic...
- the Freedom of Information and Environmental Information Request Privacy
Notice explains this in more detail.

 

Yours sincerely

 

 

Vicky Pollock

Legal Services Manager (Procurement, Conveyancing & Information
Governance)

Environment, Regeneration & Resources

Legal & Property Services

Municipal Buildings

Greenock

Inverclyde

PA15 1LX

 

Tel: 01475 712180

Email:[2][email address]

 

Inverclyde Council website – [3]www.inverclyde.gov.uk
Inverclyde on Twitter – [4]twitter.com/inverclyde

 

Inverclyde Council is an accredited Living Wage employer.

 

Inverclyde Council - Best Government Services Employer in the UK 2016 –
Bloomberg Business Best Employer Awards 2016

 

 

show quoted sections

Vicky Pollock, Inverclyde Council

2 Attachments

Classification: Official

 

Dear Mr Rainey

 

With apologies for the delay, the reasons for which are contained within
the attached letter, please find attached copy letter in response to your
request for review dated 22 May.  Please note that this letter is being
sent by email only.

 

Please note that, as stated in the attached correspondence, if you are not
satisfied with any aspect of the attached review then your recourse is to
contact the Scottish Information Commissioner, whose details are contained
in the attached letter and information leaflet.

 

Further information on how the Council processes your information can be
found at
[1]https://www.inverclyde.gov.uk/site-basic...
- the Freedom of Information and Environmental Information Request Privacy
Notice explains this in more detail.

 

Yours sincerely

 

 

Vicky Pollock

Legal Services Manager (Procurement, Conveyancing & Information
Governance)

Environment, Regeneration & Resources

Legal & Property Services

Municipal Buildings

Greenock

Inverclyde

PA15 1LX

 

Tel: 01475 712180

Email:[2][email address]

 

Inverclyde Council website – [3]www.inverclyde.gov.uk
Inverclyde on Twitter – [4]twitter.com/inverclyde

 

Inverclyde Council is an accredited Living Wage employer.

 

Inverclyde Council - Best Government Services Employer in the UK 2016 –
Bloomberg Business Best Employer Awards 2016

 

 

 

 

From: Vicky Pollock
Sent: 29 May 2019 17:42
To: '[FOI #574184 email]'
Subject: FW: (Official) Internal review of Freedom of Information request
- Number of Flytipping offences in Inverclyde between 2010 and 2018 -
FOI.19.0500

 

Dear Mr Rainey

 

I acknowledge receipt of your email of 22 May requesting a review of the
response to your request for information.

 

I can confirm that the matter is being dealt with and that in terms of the
relevant legislation a response will be provided within 20 Working Days of
the date of receipt of your request - that is by 21 June 2019.

 

Further information on how the Council processes your information can be
found at
[5]https://www.inverclyde.gov.uk/site-basic...
- the Freedom of Information and Environmental Information Request Privacy
Notice explains this in more detail.

 

Yours sincerely

 

 

Vicky Pollock

Legal Services Manager (Procurement, Conveyancing & Information
Governance)

Environment, Regeneration & Resources

Legal & Property Services

Municipal Buildings

Greenock

Inverclyde

PA15 1LX

 

Tel: 01475 712180

Email:[6][email address]

 

Inverclyde Council website – [7]www.inverclyde.gov.uk
Inverclyde on Twitter – [8]twitter.com/inverclyde

 

Inverclyde Council is an accredited Living Wage employer.

 

Inverclyde Council - Best Government Services Employer in the UK 2016 –
Bloomberg Business Best Employer Awards 2016

 

 

show quoted sections

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