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

Answered by Barry Price

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.