Number of flytipping offences in Renfrewshire between 2010 and 2018

The request was successful.

Jonathan Rainey

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

Yours faithfully,

Jonathan Rainey

Mark Wilson, Renfrewshire Council

1 Attachment

Dear Mr Rainey

 

Freedom of Information (Scotland) Act 2002 Request

 

Information Requested

 

Renfrewshire Council received your request for information on 6^th May
2019.  You wrote:

 

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

Response:

 

1.  The stats below relate to calendar years and only go back to 2013.

Year Total
2013 1124
2014 1327
2015 1321
2016 1419
2017 1425
2018 1489

 

2. As the Council does not hold recorded information falling within the
scope of your request, I am providing notice under Section 17 of the
Freedom of Information (Scotland) Act 2002 that the Council does not hold
the information requested and so, is unable to comply with this aspect of
your request. 

 

3. Renfrewshire Council cannot provide any advice in relation to the
question as it is asking for a legal opinion rather than information - and
falls out with Freedom of Information remit.

 

4. Please click on the link below in relation to our enforcement policy. 
Renfrewshire Council will investigate and enforce where it is in the
interests of the public and wider community. 

[1]http://www.renfrewshire.gov.uk/article/4...

 

I hope this information is of interest.

 

Review Procedure

 

If you are dissatisfied with the way in which the Council has dealt with
your request, you are entitled to require the Council to review its
decision. 

 

A copy of the Council’s review procedures is detailed in the attachment.

 

Yours sincerely,

 

Mark Wilson

Assistant Planning and Policy Development Officer
Service Planning and Development (Communities, Housing and Planning
Services)
Chief Executive's Service
Renfrewshire House
Cotton Street
Paisley
PA1 1JD

Tel - 0141 618 7379

 

 

 

 

Renfrewshire Council Website -http://www.renfrewshire.gov.uk

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
Renfrewshire Council may, in accordance with the Telecommunications(Lawful
Business Practice) (Interception of Communications) Regulations 2000,
intercept e-mail messages for the purpose of monitoring or keeping a
record of communications on the Council's system. If a message contains
inappropriate dialogue it will automatically be intercepted by the
Council's Internal Audit section who will decide whether or not the e-mail
should be onwardly transmitted to the intended recipient(s).

References

Visible links
1. http://www.renfrewshire.gov.uk/article/4...

Jonathan Rainey

Dear Renfrewshire Council,

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

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

On the 6th May 2018, I asked your authority the following questions as part of the freedom of information requests:

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

The response from your authority went as follows:

"1. The stats below relate to calendar years and only go back to 2013.

Year Total
2013 1124
2014 1327
2015 1321
2016 1419
2017 1425
2018 1489

2. As the Council does not hold recorded information falling within the
scope of your request, I am providing notice under Section 17 of the
Freedom of Information (Scotland) Act 2002 that the Council does not hold
the information requested and so, is unable to comply with this aspect of
your request.

3. Renfrewshire Council cannot provide any advice in relation to the
question as it is asking for a legal opinion rather than information - and
falls out with Freedom of Information remit.

4. Please click on the link below in relation to our enforcement policy.
Renfrewshire Council will investigate and enforce where it is in the
interests of the public and wider community.

[1]http://www.renfrewshire.gov.uk/article/4...

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, it is quite odd that no response has been given 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?

2. 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

Donna Cunningham, Renfrewshire Council

Dear Jonathan Rainey

I acknowledge receipt of your email, received on 28 May 2019.

I understand that you are unhappy with the way in which the Council has handled your FOI request.

Your email has been passed to Allison Black, Managing Solicitor (Data Protection Officer), who is responsible for conducting internal FOI reviews.
I can confirm that a review will be conducted and you will be provided with a decision within the twenty working day statutory timescale.

Yours sincerely

Donna Cunningham
Information Governance Officer
Legal & Democratic Services

From: Jonathan Rainey <[FOI #574209 email]>
Sent: 25 May 2019 20:40
To: FOI <[Renfrewshire Council request email]>
Subject: Internal review of Freedom of Information request - Number of flytipping offences in Renfrewshire between 2010 and 2018

Dear Renfrewshire Council,

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

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

On the 6th May 2018, I asked your authority the following questions as part of the freedom of information requests:

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

The response from your authority went as follows:

"1. The stats below relate to calendar years and only go back to 2013.

Year Total
2013 1124
2014 1327
2015 1321
2016 1419
2017 1425
2018 1489

2. As the Council does not hold recorded information falling within the scope of your request, I am providing notice under Section 17 of the Freedom of Information (Scotland) Act 2002 that the Council does not hold the information requested and so, is unable to comply with this aspect of your request.

3. Renfrewshire Council cannot provide any advice in relation to the question as it is asking for a legal opinion rather than information - and falls out with Freedom of Information remit.

4. Please click on the link below in relation to our enforcement policy.
Renfrewshire Council will investigate and enforce where it is in the interests of the public and wider community.

[1]http://www.renfrewshire.gov.uk/article/4...

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, it is quite odd that no response has been given 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?

2. 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

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FOI, Renfrewshire Council

2 Attachments

Dear Mr Rainey,

 

Please find attached my decision letter in response to your recent
requirement for review.

 

Yours sincerely

 

Allison Black

Managing Solicitor (DPO)

Legal & Democratic Services

Tel: 0141 618 7175

Please note, my email has changed

[1][email address]

[2]LS_AccreditedSpecialist

 

 

 

 

 

 

Renfrewshire Council Website -http://www.renfrewshire.gov.uk

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
Renfrewshire Council may, in accordance with the Telecommunications(Lawful
Business Practice) (Interception of Communications) Regulations 2000,
intercept e-mail messages for the purpose of monitoring or keeping a
record of communications on the Council's system. If a message contains
inappropriate dialogue it will automatically be intercepted by the
Council's Internal Audit section who will decide whether or not the e-mail
should be onwardly transmitted to the intended recipient(s).

References

Visible links
1. mailto:[email address]

Jonathan Rainey

Dear FOI,

Can you specify as to how many of the flytipping incidents reported between 2013 and 2018 resulted in FPNs and/or criminal prosecutions?

Yours sincerely,

Jonathan Rainey

FOI, Renfrewshire Council

Dear Mr Rainey

Freedom of Information Application - Acknowledgement IG191046

Thank you for your enquiry, received by the Council on 7 July 2019.

I am writing to inform you that your application for information is being dealt with under the provisions of the Freedom of Information (Scotland) Act, 2002. Section 10(1) of the Act stipulates that enquiries must be dealt with within twenty working days of receipt. However, we will endeavour to answer your enquiry as soon as possible.

Regards

Renfrewshire Council

Renfrewshire Council Website -http://www.renfrewshire.gov.uk

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Renfrewshire Council may, in accordance with the Telecommunications(Lawful Business Practice) (Interception of Communications) Regulations 2000, intercept e-mail messages for the purpose of monitoring or keeping a record of communications on the Council's system. If a message contains inappropriate dialogue it will automatically be intercepted by the Council's Internal Audit section who will decide whether or not the e-mail should be onwardly transmitted to the intended recipient(s).

Mark Wilson, Renfrewshire Council

1 Attachment

Dear Mr Rainey

 

The Environmental Information (Scotland) Regulations 2004 

 

Information Requested

 

Renfrewshire Council received your request for information on 7^th July
2019.  You wrote:

 

Can you specify as to how many of the flytipping incidents reported
between 2013 and 2018 resulted in FPNs and/or criminal prosecutions?

Response:

 

Year       Total     FPN                         

2013      1124      7

2014      1327      41

2015      1321      14

2016      1419      16

2017      1425      5

2018      1489      23

 

I hope this information is of interest.

 

Review Procedure

 

If you are dissatisfied with the way in which the Council has dealt with
your request, you are entitled to require the Council to review its
decision. 

 

A copy of the Council’s review procedures is detailed in the attachment.

 

 

Yours sincerely,

 

Mark Wilson

Assistant Planning and Policy Development Officer
Service Planning and Development (Communities, Housing and Planning
Services)
Chief Executive's Service
Renfrewshire House
Cotton Street
Paisley
PA1 1JD

Tel - 0141 618 7379

 

 

 

 

 

Renfrewshire Council Website -http://www.renfrewshire.gov.uk

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
Renfrewshire Council may, in accordance with the Telecommunications(Lawful
Business Practice) (Interception of Communications) Regulations 2000,
intercept e-mail messages for the purpose of monitoring or keeping a
record of communications on the Council's system. If a message contains
inappropriate dialogue it will automatically be intercepted by the
Council's Internal Audit section who will decide whether or not the e-mail
should be onwardly transmitted to the intended recipient(s).