What we do
Limitations on what the Tribunal can consider
Complaints against law enforcement bodies’ conduct not related to investigatory powers
The Tribunal will investigate complaints and claims that fall within its jurisdiction. The Tribunal cannot, however, consider complaints regarding the conduct of the Police or National Crime Agency (NCA) which do not relate to activities relating to investigatory powers. These would be for the Independent Office for Police Conduct (in England and Wales), Police Ombudsman for Northern Ireland or the Police Investigations and Review Commissioner for Scotland to examine.
Complaints against individuals
The Tribunal has no jurisdiction to investigate complaints about private individuals or companies unless the complainant believes they are acting on behalf of an intelligence agency, law enforcement body or other public authority covered by RIPA or the IP Act.
Employment Related Surveillance
In the case of C v The Police (IPT/03/32) the Tribunal determined that employers investigating members of their staff who were suspected of misconduct does not fall to the Tribunal to consider, even if that employer has RIPA or IP Act powers. The Tribunal cannot consider this type of complaint, but that does not mean that covert surveillance activities by employers is unregulated by law. If for example, someone who works in the private sector believes they have been the subject of surveillance by a private investigator at the instigation of their employer, this is not something the Tribunal can consider; but if the conduct engages Article 8 (the right to respect for private or family life), or breaches some other specific statutory requirement, common law or contract, it can be challenged in the ordinary courts.
The case of Bartram & Howe v Chief constable of British Transport Police [2022] UKIPTrib 2 IPT/19/181/CH IPT/20/31/CH re-affirmed and applied the principle in C v The Police. The Tribunal held that surveillance carried out by a police force in the course of misconduct investigation was not directed surveillance for the purposes of section 26 RIPA. Accordingly the Tribunal did not have jurisdiction to entertain complaints about such surveillance.
Time Limit
The Tribunal is not obliged to investigate conduct which occurred more than one year ago. If a complainant wishes the Tribunal to consider a complaint that happened more than a year ago, they need to explain the delay when submitting their complaint and the Tribunal will consider this along with the details of the complaint. The Tribunal can only consider such complaints if it considers it fair and reasonable to do so and will make a decision on whether it should be accepted and investigated, and for what period.
