Underage vape sale test operation 'was not approved'

Swindon Borough Council were criticised for not seeking prior approval for a surveillance operation

An operation to test whether shops would sell vapes and tobacco to children was not properly approved.

Swindon Borough Council failed to to get appropriate sign off for a surveillance operation to monitor shops selling tobacco and vapes to children, using the Regulation of Investigatory Powers Act 2000.

While the law is designed for use by MI5, MI6 and GCHQ to stay within the law, some powers in the act can be used by council's to prevent crime.

Sir Brian Leveson, Investigatory Powers Commissioner, said the incident highlights a "shortfall" in the knowledge of those involved.

The breach of the act occurred last year when the council failed to obtain prior sign-off from a magistrate for a test purchase of vapes from a retailer suspected of selling tobacco and vapes to underage children.

Local authorities are only allowed to carry out surveillance under the Act for preventing or detecting crime which is punishable by a prison sentence of at least six months.

Prior approval from a magistrate is also a must.

In his letter, Sir Brian said: "Those involved in the authorisation process were unaware of the requirement for judicial approval, which is outlined in the Covert Surveillance and Property Interference Code of practice.

“It also appears, the perceived authorisation was not officially cancelled, while this may not be relevant as the activity was not properly authorised in the first instance, it highlights a further shortfall in the knowledge of those involved in the authorisation process.”

Swindon Borough Council has admitted the offence and put in place a training programme to address the gaps in knowledge.

Sir Brian added: "I am reassured, once the measures agreed have been implemented, that Swindon Borough Council will be in a stronger position regarding its ongoing compliance with RIPA 2000 and the Investigatory Powers Act 2016.”