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Using covert surveillance to flush out benefit fraudsters and investigate those involved in antisocial behaviour frequently attracts a whole array of ethical and legal dilemmas. But now one local council has been highlighted for getting the balance just right between catching those who break the law while protecting the rights of everyone who adhere to it.

Intelligence experts are themselves heavily scrutinised and they are bound by strict legislation. Investigations of benefit fraud and antisocial behaviour must follow to the letter the Regulation of Investigatory Powers Act (RIPA): the act which allows local authorities to use covert methods of surveillance. 

Following an inspection from the Office of Surveillance Commissioners (OSC), Crawley Borough Council received praise for the way it applies covert surveillance - having only authorised two covert operations in 2011.

“The act of detecting and preventing crime is one which all of us must support. Nonetheless covert surveillance should only be considered a last resort and operatives are required by law and by ethical standards to follow best practice,” said Martin Spencer who is head of Surveillance and Covert Operations at AGS Risk Solutions.

Crawley's antisocial behaviour team concluded that, in pursuit of whoever were damaging council property, covert surveillance was the right approach. A similar decision was made in seeking to gain conclusive evidence in a case of antisocial behaviour. 

"In applying the latest surveillance techniques, used only by the most experienced operatives, councils are able to effectively investigate property vandalism, benefit fraud, harassment claims, antisocial behaviour and other crimes; making absolutely sure the person accused of a crime is indeed the culprit," explained Martin.

Crawley Council was praised for applying best practice in the way it guides staff to apply the Regulation of Investigatory Powers Act.

Martin said: "The use of surveillance can cause concern – especially when used by a local authority. However, in the right circumstances covert operations are highly effective in detecting and fighting crime.

"A spokesperson for the council said: "The council is careful to ensure that it only uses these powers when there is no alternative way to gather information and where the surveillance is proportionate to the benefits of gaining that information."