Should you consider installing recording equipment camera to monitor care?

Installing a hidden camera or any other recording equipment is a big step to make when you caring for an older person. The decision not only involves you and your family, but also the person being cared for.

Installing equipment might set your mind at ease about any concerns you may have and bring you peace of mind, or it might help you to identify poor care or abuse, if you fear this might be occurring. However, you must also consider how it may intrude on other people’s privacy, including other care home residents, staff, families and visiting professionals.

 How can recording equipment be used in a care setting?

Recording equipment can be used to monitor a place, a person, a group or an activity to gather information. It can be done openly, or in secret, in which case the people being monitored are unlikely to know that they are being recorded. Monitoring can be carried out by web cams video cameras, but there is many other options available including hidden sound-recording equipment, or motion sensors.

Consent to use recording equipment

You should only use recording equipment when you have the permission (consent) of the person whose care you are concerned about. Recording needs to be limited to their private room only.The best way to get someone’s consent is by speaking to them to get their positive agreement. Remember, just because a person does not object to something does not mean that they agree to it. Then you need to write down what you agree with them and maybe get them to sign it. It is also a good idea to be clear about who you will share the recordings with and when you will be recording, for example, this might just be when carers make a home visit. You should also discuss whether to record openly or in secret.

If the person does not have the capacity to give their consent, (they may have dementia, for example and are unable to make decisions), it is very important that you feel sure that you are doing the right thing – in other words, acting in their best interests.

How might the care service react to a recording device?

If you tell a care service that you are worried enough to be considering using recording equipment, they should react positively to this and you should expect them to investigate your concerns. They should not react negatively to your worries.Some care services have rules on recording equipment, to protect people.  Installing equipment secretly could break the contract of service, so it is important to check what the care service’s policy is. A care service may see recording equipment as an intrusion on the privacy of people who use services, staff or visitors and may feel that they have to remove it. However, they would be committing an offence if they deliberately destroyed or damaged the equipment, or refused to return it to you. Some people fear that staff may refuse to treat someone, or care for them properly, if they know that recording equipment is being used. If this is the case, you should report them as it is unacceptable.

What are the legal issues to consider?

This is not a straightforward issue. Using recording equipment is likely to affect the privacy and rights of a number of people, including people who use the service, staff, and visitors and it is difficult to know how people will be affected and how this will affect their privacy. It is possible that these people may feel that if you are using recording equipment, it is affecting their human rights or their rights under the Data Protection Act 1998. They could decide to take legal action, but this is unlikely.

What should you do if you discover poor care in the recording?

If your recording shows poor care or abuse and you are worried about sharing it with the service, you should. Contact the CQC on 03000 616161 or e -mail [email protected]. They will review your recordings and advise you what to do. The CQC want to be told about poor care and you should share with them what you have gathered using hidden cameras or recording equipment. You can remain anonymous if you wish to do so. You may also choose to take the recording first to the care service, or at least describe what happened, to try and get them to act before you take it further.

What can I do to reduce the legal risk and effect on people’s privacy?

The circumstances are different in every case, but below are some things which will reduce the legal risk and effect on people’s privacy. 

• Make sure that the equipment is set up in a way which avoids recording shared areas of the care service outside of your or your loved one’s private room.
• Make sure that the equipment, and any recordings made, are only used for the purpose of monitoring and protecting your (or your loved one’s) care, welfare and safety.
• Consider how for long you will use the equipment (you should not use it indefinitely).
• Think carefully about who may be recorded and the effect on others.
• Keep recordings secure and make sure that they are not tampered with, or shared with anyone who does not have a good reason to see them
• If you use a camera which sends images over the internet, make sure that you choose a secure password and do not share it with anyone