Cases

Paton & Ors v Poole BC

Held

Finding in favour of the Complainants:

1) The directed surveillance was not for the purpose of preventing or detecting crime but rather to detect whether Cs were ordinarily resident in the catchment area of the preferred school, and if not, to prevent C5 from taking up a place at that school.

2) There was no evidence that prior to authorisation of the surveillance R had considered whether measures other than covert surveillance were feasible and sufficiently effective to enable admissions information to be verified when suspicions were aroused. Further no consideration had been given as to whether it was necessary to subject the three complainants who were minors to surveillance in order to detect or prevent a 'crime' by their mother in supply allegedly false information to R about their ordinary residence.

3) The surveillance was disproportionate and could not reasonably have been believed to be proportionate. No consideration was given and no allowance was made in the setting of conditions of the surveillance for the fact that three of the targets were young children who were not believed to be parties to a suspected crime. The suspected crime could be prevented or detected without the children themselves being made targets of the surveillance.

4) In the light of its findings relating to the necessity and proportionality of the directed surveillance, the Tribunal concluded that R had acted in a manner incompatible with Cs’ Article 8 rights.

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