Number of flytipping offences in East Renfrewshire between 2010 and 2018

The request was partially successful.

Jonathan Rainey

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

Yours faithfully,

Jonathan Rainey

*Customer Services, East Renfrewshire Council

Thank you for your enquiry.

 

A Customer Service Officer will either answer your enquiry directly or
forward it to the appropriate Officer in East Renfrewshire Council within
the next 5 working days.

 

If your enquiry is a complaint you should receive a response within 5
working days.  If it is a Freedom of Information request you should
receive a response within 20 working days.

 

Did you know you can access a wide range of Council services online 24/7.
[1]www.eastrenfrewshire.gov.uk/doitonline

 

The council processes your personal data on the legal basis of carrying
out tasks in the public interest or for performance of a contract.  You
can find out how we use your information in our privacy statement on our
website. [2]http://www.eastrenfrewshire.gov.uk/datap...

 

Kind regards

 

Customer Services

 

 

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*Customer Services, East Renfrewshire Council

Thank you for your enquiry.

 

A Customer Service Officer will either answer your enquiry directly or
forward it to the appropriate Officer in East Renfrewshire Council within
the next 5 working days.

 

If your enquiry is a complaint you should receive a response within 5
working days.  If it is a Freedom of Information request you should
receive a response within 20 working days.

 

Did you know you can access a wide range of Council services online 24/7.
[1]www.eastrenfrewshire.gov.uk/doitonline

 

The council processes your personal data on the legal basis of carrying
out tasks in the public interest or for performance of a contract.  You
can find out how we use your information in our privacy statement on our
website. [2]http://www.eastrenfrewshire.gov.uk/datap...

 

Kind regards

 

Customer Services

 

 

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*Customer Services, East Renfrewshire Council

1 Attachment

Thank you for your recent Freedom of Information request. Please find attached your FOI acknowledgement letter.

Please note that you can now submit FOI requests online at - https://www.eastrenfrewshire.gov.uk/your...

Kind regards

Christina

Christina Ferguson
Team Leader
Customer First

0141 577 3001

East Renfrewshire Council - Your council, your future

www.eastrenfrewshire.gov.uk

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*Customer Services, East Renfrewshire Council

Thank you for your enquiry.

 

A Customer Service Officer will either answer your enquiry directly or
forward it to the appropriate Officer in East Renfrewshire Council within
the next 5 working days.

 

If your enquiry is a complaint you should receive a response within 5
working days.  If it is a Freedom of Information request you should
receive a response within 20 working days.

 

Did you know you can access a wide range of Council services online 24/7.
[1]www.eastrenfrewshire.gov.uk/doitonline

 

The council processes your personal data on the legal basis of carrying
out tasks in the public interest or for performance of a contract.  You
can find out how we use your information in our privacy statement on our
website. [2]http://www.eastrenfrewshire.gov.uk/datap...

 

Kind regards

 

Customer Services

 

 

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Scott, Simone, East Renfrewshire Council

Dear Mr Rainey

Information Request under the Freedom of Information (Scotland) Act 2002

 

I refer to your recent freedom of information request regarding fly
tipping incidents and have detailed as follows:

 

 

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

 

Jan-
Dec 10 107
Jan-
Dec 11 265
Jan-
Dec 12 213
Jan-
Dec 13 205
Jan-
Dec 14 182
Jan-Dec
15 136
Jan-Dec
16 230
Jan-Dec
17 232
Jan-Dec
18 170

 

 

 

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? 

 

No Data available 

 

3.    Can the citizens of East 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?

 

 

Unfortunately I am not able to provide information in answer to this
question. Freedom of Information provides a right of access to recorded
information; but does not oblige the Council to provide legal advice. In
this case, you may wish to consult the website of the Information
Commissioner: [1]https://ico.org.uk/ or to seek your own legal advice.

 

 

 

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

 

Tag record evidence on site, Date stamp Photograph evidence on site,
Preserve evidence, Remove evidence, present evidence     

 

 

I hope this information is of assistance to you and if you require further
information please do not hesitate to contact me directly.

 

East Renfrewshire Council offers the opportunity to apply for a review of
how we have dealt with your enquiry. If you wish to proceed to review,
please apply in writing within 40 working days to: Chief Solicitor,
Council Headquarters, Rouken Glen Road, Giffnock , G46 6UG,  marking your
letter “Freedom of Information, request for review”, and stating the exact
nature of the matter you wish to be reviewed.

The review will be carried out within 20 working days of receipt. If you
are dissatisfied with the outcome of the review, you have the right to
then appeal to the Scottish Information Commissioner who has extensive
powers to investigate such matters. His address is:

The Scottish Information Commissioner

Kilburn Castle

St Andrews

Fife

KY16 9DS

Yours sincerely

 

Simone Scott

Customer Relations Officer

Environment Department

Phone Number 07867 441461

* [2][email address]

Address:   Spiersbridge Offices, Spiersbridge Business Park, Thornliebank,
G46 8NG

[3]www.eastrenfrewshire.gov.uk 

EAST RENFREWSHIRE COUNCIL: Your Council, Your Future

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References

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2. mailto:[email address]
3. http://www.eastrenfrewshire.gov.uk/
http://www.eastrenfrewshire.gov.uk/

Jonathan Rainey

Dear East Renfrewshire Council,

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

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

I thank your authority for providing information to the 1st and 4th questions but in response to the 2nd and 3rd questions, considering you did not want to answer them at all, I ask some extra questions related to the previous FOI request:

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

2. In response to your answer to the 3rd question, 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, Stirling 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 East Renfrewshire 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 East Renfrewshire 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...

3. 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

*Customer Services, East Renfrewshire Council

Thank you for your enquiry.

 

A Customer Service Officer will either answer your enquiry directly or
forward it to the appropriate Officer in East Renfrewshire Council within
the next 5 working days.

 

If your enquiry is a complaint you should receive a response within 5
working days.  If it is a Freedom of Information request you should
receive a response within 20 working days.

 

Did you know you can access a wide range of Council services online 24/7.
[1]www.eastrenfrewshire.gov.uk/doitonline

 

The council processes your personal data on the legal basis of carrying
out tasks in the public interest or for performance of a contract.  You
can find out how we use your information in our privacy statement on our
website. [2]http://www.eastrenfrewshire.gov.uk/datap...

 

Kind regards

 

Customer Services

 

 

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1. file:///tmp/www.eastrenfrewshire.gov.uk/doitonline
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*Customer Services, East Renfrewshire Council

Thank you for your enquiry.

 

A Customer Service Officer will either answer your enquiry directly or
forward it to the appropriate Officer in East Renfrewshire Council within
the next 5 working days.

 

If your enquiry is a complaint you should receive a response within 5
working days.  If it is a Freedom of Information request you should
receive a response within 20 working days.

 

Did you know you can access a wide range of Council services online 24/7.
[1]www.eastrenfrewshire.gov.uk/doitonline

 

The council processes your personal data on the legal basis of carrying
out tasks in the public interest or for performance of a contract.  You
can find out how we use your information in our privacy statement on our
website. [2]http://www.eastrenfrewshire.gov.uk/datap...

 

Kind regards

 

Customer Services

 

 

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*Customer Services, East Renfrewshire Council

1 Attachment

Good Morning,

Thank you for your Freedom of Information request.

Please find attached your FOI acknowledgement letter.

We have recently improved our website and you can now submit Freedom of Information requests online at - http://www.eastrenfrewshire.gov.uk/your-...

Kind regards,
Nicola

Nicola Beagan
Customer Services Officer
Customer First 
0141 577 3001  
 
Did you know that you can access a wide range of council services online, 24/7? Visit www.eastrenfrewshire.gov.uk/doitonline 

East Renfrewshire Council - Your Council, your future

www.eastrenfrewshire.gov.uk

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Mahon, Gerry, East Renfrewshire Council

Dear Mr Rainey,

 

I refer to the above, to your request of 6 May regarding flytipping issues
and to your request for review received on 17 June following the Council’s
initial response of 10^th of that month. I have responsibility within the
Council for dealing with reviews under the Freedom of Information regime
and can advise that I have now concluded consideration of this case.

 

I have identified the focus of your review as the lack of information
supplied in respect of questions 2 and 3 of your original request. In
general terms, the Council’s obligations under FOI are to provide
information held. To that extent and following my own inquiries with the
relevant department,  I am satisfied that you have already been supplied
with all information held in response to your initial request.

 

In respect of question 2, no information is held inasmuch as decisions not
to proceed with prosecution are taken by the fiscal and the basis on which
this occurs is not recorded by the Council.

 

Question 3 of your original request seeks clarification of legal context
rather than recorded information and in that sense it does not, to my
mind, fall to be dealt with under FOI. However, as the Council’s Chief
legal officer I would confirm that any issues regarding surveillance would
have to take account of privacy implications with relevant legal
requirements being found in the data protection legislation, the
Regulation of investigatory Powers (Scotland) Act and the Human Rights
legislation. The effect of these requirements (and by implication the
lawfulness of the surveillance and consequential use of any information
ingathered) will depend on the nature of the surveillance conducted, who
it is conducted by and the particular circumstances in any given case and
it would therefore be for individual parties to assess the impact of the
various legislative requirements before conducting surveillance of any
sort.

 

The further questions raised in your application for review are in essence
new requests for further information and as such do not fall to be
addressed in this review response. They will however be dealt with under
separate cover by the Council as a new request at first instance. This
approach accords with advice received by the Council from OSIC regarding
secondary and associated requests.

 

I trust this fully satisfies your request for review.  However, if you are
dissatisfied with the outcome of this review, you have the right to appeal
to the Scottish Information Commissioner.  His address is: Scottish
Information Commissioner, Kinburn Castle, St Andrews, Fife KY16 9DS.

 

Yours sincerely

 

 

 

Gerry Mahon

Chief Officer - Legal & Procurement

Chief Executive Department

 

Tel: 0141 577 3801

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Scott, Simone, East Renfrewshire Council

 

Dear Mr Rainey

Information Request under the Freedom of Information (Scotland) Act 2002

 

I refer to your recent freedom of information request regarding additional
information in relation to previous FOI in regard to Fly Tipping and have
answered as follows:

 

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

 

REFERRED
YEAR FPN TO PF
2010  0 0
2011 0 0
2012 0 0
2013 1 1
2014 3 1
2015 7 1
2016 2 2
2017 0 0
2018 2 1

 

 

2.    If the citizens of the East Renfrewshire 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)?

 

A)   I can confirm that East Renfrewshire would not advise offenders of
person(s) reporting such incidents.

 

3.     Does your authority use covert and overt surveillance cameras to
capture flytippers in the act?

 

A)   East Renfrewshire Council do not have any covert cameras in
operation, however we have 279 overt cameras through-out the district
presently.

 

I understand East Renfrewshire Councils Chief Solicitor has responded to
you with regard to your review and clarified several points.

 

I hope this information is of assistance to you and if you require further
information please do not hesitate to contact me directly

 

East Renfrewshire Council offers the opportunity to apply for a review of
how we have dealt with your enquiry. If you wish to proceed to review,
please apply in writing within 40 working days to: Chief Solicitor,
Council Headquarters, Rouken Glen Road, Giffnock , G46 6UG,  marking your
letter “Freedom of Information, request for review”, and stating the exact
nature of the matter you wish to be reviewed.

The review will be carried out within 20 working days of receipt. If you
are dissatisfied with the outcome of the review, you have the right to
then appeal to the Scottish Information Commissioner who has extensive
powers to investigate such matters. His address is:

The Scottish Information Commissioner

Kilburn Castle

St Andrews

Fife

KY16 9DS

Yours sincerely

 

Simone Scott

Customer Relations Officer

Environment Department

Phone Number 07867 441461

* [1][email address]

Address:   Spiersbridge Offices, Spiersbridge Business Park, Thornliebank,
G46 8NG

[2]www.eastrenfrewshire.gov.uk 

EAST RENFREWSHIRE COUNCIL: Your Council, Your Future

Information security classification

No marking        No special handling practices

PROTECT         Protective action required

PROTECT+       Additional protective action required  

 

 

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