Cases

Paton & Ors v Poole BC

Facts

The eponymous complainant (C1), her partner and three daughters (C2 – C5) were put under covert surveillance authorised and carried out by the Respondent Council (R) as part of an investigation to determine the veracity of the information supplied by C1 regarding the ordinary residence of the family. C1 had stated that their ordinary residence was a property in the catchment area of the particular school for which C1 had applied for a place for C5. The council had received two phone calls from members of the public making formal complaints alleging that the family was not living at the property in the catchment area. The second caller claimed that C1 had boasted about pretending to live in the property. The family owned two flats in another property out of the catchment area and both addresses were kept under surveillance. An education officer employed by R monitored the family on a daily basis for three weeks and their movements were recorded in detailed surveillance forms. No digital camera or recording equipment of any kind was used in the surveillance. C1 discovered they had been under surveillance only when it was disclosed during a meeting with council officials to discuss the school application.  C1 - C5 complained of unlawful directed surveillance and interference with their Article 8 rights. R defended its actions by claiming the cases were treated as potential criminal activity, which allowed it to use surveillance powers under RIPA. R further claimed that the directed surveillance was duly authorised under RIPA and was lawful, necessary for the prevention or detection of a crime and proportionate.

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