Town Hall snoopers broke law by spying on family

Jenny Paton, Tim Joyce and their three daughters were under covert surveillance by Poole Borough Council for three weeks in 2008.

The council claimed it was acting under the Regulation of Investigatory Powers Act (RIPA) to check the family lived in the catchment area where the children went to school.

But the Investigatory Powers Tribunal said it was not a proper purpose and nor was it necessary to use the surveillance powers.

It is the first time these powers have been challenged at an open hearing before the tribunal.

Corinna Ferguson, legal officer for civil rights group Liberty, said: "Intrusive surveillance is vital to fighting terrorism and serious crime, but weak legal protections and petty abuses of power bring it into disrepute.

"Former ministers claimed that the innocent had nothing to fear but the sinister treatment of Jenny and her kids proves that these powers need to be far more tightly restricted and supervised."

The tribunal also found that the surveillance breached the family's right to privacy under Article 8 of the Human Rights Act.

The Government is reviewing the use of the powers by local authorities as part of the Counter Terror Review announced by the Home Secretary last month.

The coalition agreement stated that the Government would limit local authority use of the act to "stopping serious crime" and only when approved by a magistrate.

Miss Paton, from Poole, only found out she had been under surveillance when it was revealed during a meeting with council officials to discuss their school application.

They were tailed round the clock, spied on at home and their movements were recorded in detailed surveillance forms. Their car was also described as a "target vehicle".

A Local Government Association spokesman said: "Councils need these powers to target serious criminals such as fly tippers, rogue traders and benefit fraudsters but they should also make sure these powers are used proportionally and the public have confidence in them."

The ruling, which was made public yesterday but dated July 29,

stated: "The tribunal have concluded that the surveillance was not proportionate and could not reasonably have been believed to be proportionate."

It added that the authorisation applied for and granted on February 8 2008 and acted on by the council did not comply with the requirements of the act and was invalid, resulting in the complainants being unlawfully subjected to directed surveillance.

The council argued that the covert surveillance, which took place between February 10 and March 3 2008, was lawful for the over-subscribed and successful school.

The council had received two phone calls from members of the public making formal complaints alleging that the family was not living in the house she claimed in the catchment area.

The second caller said Miss Paton had boasted about pretending to live in the property.

A Borough of Poole spokesman said: "The council accepts fully the ruling of the Investigatory Powers Tribunal and would like to apologise to Ms Paton and her family for any distress caused as a result of its actions in this case.

"As the local education authority, the council has a duty to uphold the integrity of the school admission process.

"The council takes this responsibility very seriously and has always sought to ensure that the process is fair for all families and not open to abuse by those who may seek to exploit the system to the

disadvantage of other parents and children."