Complaints the Tribunal can consider

The following is given as guidance only and is not an exhaustive description of the Tribunal‘s powers. If you are unsure about the Tribunal’s jurisdiction you should consult a solicitor. The Tribunal will not give guidance in advance of a complaint being made as to whether the complaint falls within its jurisdiction but will consider it as a preliminary issue once a complaint has been made.

The Tribunal can consider complaints from someone:

• who believes they have been the victim of unlawful interference by public authorities using covert techniques regulated by legislation;
• in relation to any conduct by, or on behalf of, the intelligence services.

Complaints of unlawful interference by public authorities using covert techniques can be about any interference which a complainant believes has taken place against them, their property or communications.  This includes interception, surveillance and interference with their property.

The public authorities include the intelligence services, military and law enforcement agencies as well as a range of Government Departments, regulators and local authorities.

The Tribunal is the only court that can consider proceedings under the Human Rights Act (HRA) against any of the intelligence services or against any other person acting on behalf of an intelligence service.

The Tribunal can consider claims under HRA against public authorities in respect the use of a range of covert, intrusive and surveillance powers set out in section 65(5) RIPA. 

Where the claim is under the HRA and the conduct complained of concerns directed or intrusive surveillance, or it is about the conduct of a covert human intelligence source (CHIS), then the Tribunal can only consider the complaint if it is conduct by or on behalf of an immigration officer or a person holding any office, rank or position with–

• any of the intelligence services;
• any of His Majesty’s forces;
• any police force;
• the Police Investigations and Review Commissioner;
• the National Crime Agency;
• the Competition and Markets Authority;
• the Commissioners for Her Majesty’s Revenue and Customs

Unless it relates to either an equipment or a bulk equipment interference warrant.

Unless the Tribunal has exclusive jurisdiction, claims against public authorities for the use of covert investigatory powers can also be brought in the ordinary courts. The Tribunal does, however, have the power to investigate a complaint made to it which ordinary courts do not possess.