A COUNCIL that ordered covert surveillance on a sick employee must review its approach after an Information Commissioner’s Office (ICO) investigation ruled it was against the law.

The ICO found that Caerphilly Council breached the Data Protection Act when it ordered the surveillance of Kim Shaw, 57, from Blackwood, who they suspected of fraudulently claiming to be sick. At the time, Mrs Shaw was working as an English teacher at Pontllanfraith Comprehensive School.

The report revealed that the surveillance was authorised on anecdotal evidence and began only four weeks into Mrs Shaw’s sickness absence.

The ICO determined the council did not have sufficient grounds to undertake the surveillance, especially at such an early stage of Mrs Shaw's absence.

Mrs Shaw’s husband, Kevin, 55, said he was also under surveillance and that the process was instigated by photographs of his wife on the school’s wall being sent to a third party.

He said: “We’ve always maintained what they did was illegal and the ICO have come to the same conclusion.

“They were parked outside our house at 7am. It was so far-fetched and like a poorly written pilot episode. We’re both professionals and we're upstanding members in the community.

“My wife was off work with stress. It was authorised on anecdotal evidence and was nothing more than an exercise to trawl for gossip.”

He added: “They even knew whether she was using her card or cash to pay for things. What on earth was all that about?

“These people did it with a cavalier attitude, as if it was a shiny toy they could use when they saw fit.

“It was a vindictive act. We were followed at the cost of taxpayer’s money and there are lessons to be learnt. Ultimately, the decision has brought a lot of comfort.”

Anne Jones, Assistant Commissioner for Wales, said: “It shouldn’t need to be said that spying on employees is incredibly intrusive and must only be done as the last resort.

“Organisations need to be absolutely clear why they need to carry out covert surveillance and consider all other alternatives first. If it cannot be completely justified, it shouldn’t be done.”

The ICO said it accepts in exceptional circumstances that covert surveillance of employees can be justified. But the employer must be satisfied there are grounds for suspecting criminal activity or equivalent malpractice and that notifying the individuals would prejudices prevention or detection.

A spokesman for Caerphilly Council was contacted for comment.