Author: Adrian Ramdat (Director of Training & Consultancy)
June 2025
Recent high-profile cases show how misunderstandings of RIPA and RIP(S)A can lead to serious legal and reputational consequences. These examples highlight why public bodies must prioritise up-to-date, practitioner-led training to ensure covert powers are used lawfully, proportionately, and with confidence or consultancy to support you in the practical application especially if your organisation doesn´t use the powers often.
Understanding the Legal Framework: RIPA, RIP(S)A, and IPA 2016
It’s important to clarify that while RIPA and RIP(S)A remain in force, certain surveillance powers are now governed by the Investigatory Powers Act 2016 (IPA).
RIPA / RIP(S)A still govern:
- Directed and intrusive surveillance
- Covert Human Intelligence Sources (CHIS) inc undercover and test purchase operations.
IPA 2016 governs:
- Interception of communications.
- Acquisition of communications data.
- Equipment interference.
Understanding which regime applies and when is critical to lawful surveillance activity, otherwise, you could find you are in the same position as the organisations below.
Swindon Borough Council: A RIPA Breach Rooted in Gaps in Awareness
Swindon Borough Council carried out covert surveillance on retailers suspected of selling tobacco and vapes to minors. Although the intention was legitimate, the operation lacked the necessary judicial authorisation under the Regulation of Investigatory Powers Act 2000 (RIPA).
The Investigatory Powers Commissioner, Sir Brian Leveson, observed that the officers involved did not fully understand the legal requirements and the authorisation was never formally cancelled.
“It highlights a further shortfall in the knowledge of those involved in the authorisation process.” Sir Brian Leveson
This avoidable breach led to a public admission and the implementation of remedial training. It's a clear reminder that good intentions are not enough, legal precision is essential.
There are occasions when this type of activity can be conducted without a directed surveillance or a CHIS authorisation but it has to be done within strict parameters.
Police Surveillance of Journalists: A RIPA Case with Lasting Implications
In December 2024, the Investigatory Powers Tribunal ruled that the Police Service of Northern Ireland (PSNI) and Metropolitan Police unlawfully surveilled journalists Trevor Birney and Barry McCaffrey, using powers under RIPA.
The surveillance failed the tests of necessity and proportionality, breaching Article 10 of the European Convention on Human Rights, which protects journalistic freedom and source confidentiality.
The Tribunal quashed the authorisations and awarded each journalist damages.
RIP(S)A in Scotland: When Strong Evidence Isn’t Enough
In Scotland, several different prosecutions were dropped despite compelling video evidence. The problem? The surveillance hadn’t been authorised in accordance with RIP(S)A.
The Crown Office and Procurator Fiscal Service (COPFS) declined to proceed, underscoring a simple but harsh truth: improperly obtained evidence can render justice unattainable, regardless of intent.
There is a legal argument that can be used even if an authorisation hasn´t been given but this is hard to win and therefore it is more effective to understand the authorisation process, particularly if you are from a local authority and require judicial approval, as well as the authorisation from the authorising officer.
Why These Cases Matter
Each failure above stemmed from a single issue: insufficient knowledge of the law in practice. Whether it’s authorisation gaps, proportionality errors, or human rights oversights, these examples show that compliance isn't just about having a policy, it's about understanding how to apply it under pressure.
Your teams need:
- Training from current or former practitioners who understand the operational context
- Scenario-based learning to prepare for real-world decision-making
- Clear, practical guidance on when and how to apply RIPA, RIP(S)A, or IPA
- A workplace culture of lawful, necessary, proportionate, and accountable surveillance
Protect Your Team, Your Organisation, and Public Trust
At The Signature Brand Training & Consultancy, we help organisations navigate complex legal frameworks with training and consultancy that is not only legally sound but operationally relevant.
We deliver expert-led training for local authorities, regulators, government agencies and law enforcement. Our RIPA and RIP(S)A training is:
✅ Based on the legislation, latest case law, the Codes of Practice and guidance.
✅ Delivered by operationally experienced qualified trainers.
✅ Tailored to prepare your team for inspections and real-world risks.
✅ Available in-person or virtually.
Don't let your organisation become the next case study.
Contact us today to book a course or arrange a consultation.
Explore our RIPA & RIP(S)A training options, including our short Bitesized training to find the right fit for your team.