Care watchdog publishes guidance on secret filming in care settings

The Care Quality Commission has published guidance – including information on legal issues – for members of the public who are thinking about using hidden cameras or any type of recording equipment to monitor someone's care.

The guidance, which can be viewed here, covers issues including:

• What you can do if you are worried about someone’s care;
• What you need to think about before using recording equipment;
• What the care service might do;
• What you should do if you discover poor care in your recording;
• What you should do with your recording;
• Whether there are legal issues that should be considered.

On the question of legal issues, the guidance says: “This is not a straightforward issue. Using recording equipment is likely to affect the privacy and rights of a number of people, such as other people who use the service, staff, and visitors. It is difficult to know beforehand how many 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 another law such as the Data Protection Act 1998. They could decide to take legal action.”

The CQC said it was not aware of any instances where recording equipment used by family members had been challenged legally.

The document stressed that the regulatory was not providing legal advice. “You might want to get your own legal advice when considering your next steps,” it suggested.

Commenting on the guidance, Andrea Sutcliffe, the CQC’s Chief Inspector of Adult Social Care, acknowledged that the issue of hidden filming was “a hugely controversial subject”.

She said: "We all want people using health and social care services to receive safe, effective, high quality and compassionate care. It is what everyone has a right to expect. Sadly, we know that does not always happen and the anxiety and distress this causes people, either for themselves or a loved one, is simply awful.

"For some, cameras or other forms of surveillance, whether openly used by services or hidden by families, are the answer. Others feel this is an invasion of people's privacy and dignity. Many don't know what to do if they are concerned.”

Sutcliffe added: "I hope that this information helps the public to make the right decisions for them. But what I want more than anything is for services to always provide care that meets the standards we all expect so that the public can have confidence. 

"CQC will continue to hold providers to account and take action when necessary to make sure that happens."

Care and Support Minister Norman Lamb said: "Cameras have helped to expose terrible cruelty and neglectful care and I welcome this new advice. Decisions about using surveillance are extremely difficult - there is always a balance to be struck between protecting people and respecting their right to privacy – but this information will help families to the make the right choice for them.

"We are committed to preventing poor care from happening in the first place and have introduced tougher standards for inspecting care services as well as measures to shut down those that aren't up to scratch."