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Surveillance and Monitoring

This guidance document is intended to support the appropriate use of CCTV both inside and outside the foster home. An individual has the right to protect their property and this can be done by using a CCTV system as a security measure. The use of these systems in a domestic dwelling to protect the residents from crime and anti-social behaviour is not uncommon and there is some basic information and guidance that householders should be aware of if they have this security measure in place. This guidance document will consider the use of CCTV cameras both inside and outside of the foster home and has been informed by the Government Guidance ‘Domestic CCTV: using CCTV systems on your property’. The Data Protection Act (DPA) covers images being recorded by CCTV which extend beyond the property on which the camera is installed. These would not be regarded as domestic processing and therefore exempt from the DPA.

This policy also refers to any other video recording device such as doorbell cameras, pet cameras etc. Foster Carers have a responsibility to disclose any video device that they are using to the Fostering Service and advice should be obtained from Fostering Management if there is any doubt as to whether the device falls under this policy.

Surveillance and monitoring devices includes facilities such as CCTV (both with and without voice-recording) and baby monitors.

Baby monitors are regarded as a listening device unless they are being used to monitor the welfare of a baby when adults are not present, e.g. when a baby is sleeping during the day.

CCTV: is closed-circuit television system on a private network. Footage is monitored mainly for surveillance and security purposes. The system uses strategically placed cameras that send the images to monitors placed elsewhere.

The Information Commissioner’s Office advises that, whilst use of a domestic CCTV system may be appropriate, publicly uploading or streaming footage of identifiable people would need more justification. In most cases it would not be justifiable.

Note that audio-recording is considered as being particularly intrusive and so should be avoided unless there is a clear reason for it.

Monitoring of personal electronic devices: this includes monitoring the use of a child's own laptop, desktop, tablet, mobile phone or any other personal electronic device. This must be carried out with their permission.

It is permissible to monitor online activity if it relates to the use of filters and monitoring the effectiveness of those filters to protect children from exposure to inappropriate online material and contact.

(Please note: online filters should not be used as substitute for on-going discussions with children in the foster home about their online activity and how they can keep safe. See also: Internet, Photographs and Mobile Phones Procedure).

Covert Surveillance: Important note - only a court can sanction covert surveillance. This is where the monitoring of an individual is carried out in a way they are not aware of. This might include equipment such as hidden cameras and /or listening devices or secretly following the person. The Regulation of Investigatory Powers Act 2000 governs the use of covert surveillance by public bodies.

There are a number of basic questions to consider prior to installing a CCTV or other video recording system in the home, these include:

  • What are the reasons for installing the CCTV or other video recording system? Are there other measures by which the home could be safeguarded i.e. improved lighting? Is it clear what is to be viewed and recorded?
  • How might the CCTV or other video recording system affect others? Where will the camera need to be positioned to ensure that the privacy of others is not intruded upon for example a neighbour’s property and pavements in use by the public?
  • Who will have access to the images captured by the camera? Is it clear who will take responsibility for the viewing and disposal of the camera footage? Who will ensure that the camera is positioned appropriately?

If there are any questions regarding the use of CCTV cameras that record images that may be regarded as ‘beyond the confines of the property’ the surveillance camera code of practice (2013) will clarify this and the Surveillance Camera Commissioner (SCC) can be contacted at scc@sccomissioner.gsi.gov.uk.

There should be transparency with regard to those around you when a CCTV system is or will be installed. This can be done by:

  • Informing neighbours that a CCTV system is or will be installed on your property;
  • Putting a notice up informing people that recording is taking place.

The cameras should not intrude on neighbour’s property or they may not be compliant with the Data Protection Act. This could also result in complaints and accusations of invasion of privacy.

Recordings should be regularly deleted and kept for only as long as necessary to protect the property. The issue of CCTV recordings should be addressed within the Family’s Safe Care Plan including their retention period.

Where a CCTV or other video recording system is to be used within the foster home, care should be taken to ensure that its use is appropriate, proportionate and all occupants are aware of its existence. The following should be adhered to at all times:

  • All members of the household are aware that cameras are in place and why;
  • The cameras are only positioned in communal areas and not in bedroom (unless in extreme circumstances that have been agreed by the Fostering Service and child’s Social Worker – e.g. child with health problems that could be a threat to life if not immediately treated), bathrooms or toilets;
  • It should be clear in the Safe Caring Policy that cameras are in use within the foster home and stated where they are positioned;
  • You should make clear to all members of the household what happens to the information captured by the cameras;
  • It should be clear to all members of the household who has responsibility for the camera(s);
  • The information is not used for any purpose other than protecting the property and in particular is not used as a way of supervising children within the foster home. Consideration should be given to a signed agreement from the children/ young people depending on their age and understanding;
  • Any request for the exceptional use of CCTV or other video recording system which falls outside of this guidance should be directed to your Fostering Social Worker or Fostering Manager who will address this through the appropriate processes;
  • Note: It should also be remembered that there are other instances where cameras or recording equipment may be in use. Dashcams for example can record both inside and outside of a vehicle. Baby monitors can also record and relay sound to a receiving monitor. Anyone affected by the use of this equipment should be made aware of its existence.

The responsible case management workers for any children placed should be made aware of the use of CCTV cameras or other video recording systems in the home. They should be informed of where the cameras are positioned, why they are in use and when, who is responsible for the camera(s) and what happens to the footage. The Fostering Service should also be made aware of the use of the CCTV or other video recording system and ensure that this is incorporated into the Safe Caring Policy and Health and Safety Policy. It should be clear that the cameras do not replace or supplement the carer’s supervision of the children in placement.

It is essential that it is clear who has responsibility for the CCTV or other video recording system. This will include its correct installation, responsibility for all information recorded by the system and its appropriate use.

The system should be recording dates and time accurately and have enough recording space for the time span that it is required to record. The information recorded by the camera(s) should not be stored indefinitely and should be deleted as soon as it no longer necessary to protect the home. At a minimum, recordings should be deleted within a month of being filmed and should always be deleted once a child leaves the placement. The information should be kept securely. You should ensure that the information recorded by the system is only used for the purpose for which it is intended. If the information you have is required to be used as evidence in any setting (e.g. by the police for purposes of crime investigation) then the Fostering Service should be made aware of this as should the Social Worker of any child placed.

Last Updated: October 19, 2022

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