Council staff's power of entry

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Sunday, January 17, 2010
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This is Surrey

Dozens of council 'snoopers' have the ability to enter a private premises without a warrant, a Mirror investigation has discovered.

After details were released last month claiming there were thousands of town hall workers with 'Power of Entry' across the UK, we used the Freedom of Information Act to find out how many were working for Tandridge District and Reigate and Banstead.

The research details how a raft of intrusive laws has allowed council staff to barge into private premises uninvited. The power does not cover homes.

Alex Deane, Director of Big Brother Watch, said: "Councils are dishing out powers of entry to officers within their council for their own ease, without giving due thought to the public's right to privacy and the potential for abuse.

"There needs to be a closer eye kept on the number of officers granted the right to barge into private premises without a warrant."

Using Freedom of Information laws, Big Brother Watch, a new privacy campaign group, asked councils in Britain to reveal the number of staff they had authorised to conduct property searches.

The research, entitled 'Barging In', found there were at least 14,793 officers with that power – the equivalent of 47 officers in every local authority in Britain. More than a quarter of councils either refused or failed to answer the FOI requests.

The Mirror's own research found Reigate and Banstead Borough Council has used Power of Entry on 11 separate occasions to enter properties from 1 April 2008 to 31 March 2009.

Power of Entry was used once to inspect an unlicensed House in Multiple Occupation (HMO), which should have had a license to ensure occupant safety and health.

Operating an unlicensed HMO is an offence.

The powers were used 10 times in response to complaints from private sector tenants about their rented property. Complaints usually include problems such as condition of housing, poor heating, unsafe electrics and damp.

A Reigate and Banstead spokeswoman said: "The Council uses Power of Entry legislation sparingly. We try to negotiate with property owners to gain access whenever possible."

In neighbouring Tandridge District Council, we discovered there were 16 officers with the right to enter a private premises.

Ten of these worked with the Environmental department, five dealt with planning issues and one officer was dealing with social security issues.

In one recent example – where the case is still ongoing – planning enforcement officers gained entry to a property.

A Tandridge spokeswoman said: "These powers are rarely used."

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