Ask the Care Specialists

Welcome to our 'Ask the Care Specialists', your one-stop portal for social care-related questions. Our team of specialists will try to answer as many of your Social Care questions as possible.

Do we have the right to demand a camera monitor in our daughter’s supported living accommodation?

Do we have the right to demand a camera monitor in our daughter’s supported living accommodation?

In a nutshell the answer is no. Not without a legal framework being put in place first.

 

CQC has published guidance on providers installing CCTV in care services that you may find informative: You can read that here: https://www.cqc.org.uk/guidance-providers/all-services/using-surveillance-your-care-service

 

CQC has also published guidance for families who may wish to use hidden cameras if they are concerned about standards of care and support: https://www.cqc.org.uk/contact-us/report-concern/using-cameras-or-other-recording-equipment-check-somebodys-care

 

This is a particularly emotive subject for many people on both sides of the debate: I recently wrote an article on this particular subject: https://www.qcs.co.uk/remote-surveillance-in-care-settings/

 

In terms of supported living services, however, there are some other issues you would need to consider here.

You do not say where the camera / monitor would be situated and the reasons for installing it.

 

Are there ground rules of how it will be used – Is it so you can watch personal care being delivered?

 

Access to the footage – who has access and what about the rights of visitors and staff who may not wish to be filmed and recorded. How long will the footage be retained?

 

The most important aspect of your question however is consent: Has your daughter the capacity to consent to this. If not, what legal powers do you hold in order to make these decisions on her behalf? Do you hold an appointee ship?

 

What about the consent of others who live at the service who may be recorded by your CCTV. This may be an invasion of those individuals’ privacy. This is their home, and the same as your daughter they have tenancies and rights to privacy.

 

CCTV cannot just be installed without their permission in any area that is communal or records aspects of their personal space etc.

 

The Information Commissioners Office may also be able to help you with regards to this decision as they also publish guidance on installing CCTV: https://ico.org.uk/for-organisations/sme-web-hub/whats-new/blogs/installing-cctv-things-you-need-to-do-first/

 

On a final note, on this have you had an honest and frank discussion with the provider to air your concerns and rationale for installing CCTV. You may also need to include conversations with the commissioners who fund her placement to ensure that any decisions are made in her best interests.

 

Hopefully, the information and links above help and you find a resolution that suits everyone concerned soon.

 

Barry Price

Specialist in Adults with Learning Disabilities and Complex Needs


What would you like to ask our Specialists?

Have you got a social care question that you just can't find the answer to? Our team of sector specialists are here to provide you with easy-to-understand top tips on a wide range of topics, from dementia, mental health to employment law or every day operational queries to help you deliver outstanding care.

Our specialists will try to answer as many of your questions as possible, giving priority to frequently asked questions and questions regarding current events and trends. To learn more about the team visit: https://www.qcs.co.uk/team/

Please note that our specialists cannot offer answers to matters requiring legal advice. If your matter concerns a specific service provider, please contact the CQC. If your query relates to someone who is at risk of harm or in danger you must follow your local safeguarding procedures.







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