Is it legal to film carers in your home in the UK?
This question often arises when a loved one is worried about the safety of a relative who is receiving care. They may be concerned about potential abuse or theft and be thinking of installing CCTV to monitor the care being provided.
The legalities of filming carers in your home
So is it legal? In short, YES it is legal to film carers in your home in the UK.
Under the Data Protection Act of 2018 it gives home owners the right to install surveillance inside there property. The act states that everyone has the right to use camaras for monitoring and the security of their home. However, the Human Rights Act 1998 states everyone has the right to privacy in there own home. These can conflict with each other, however, if the home owner gives consent then its perfectly legal.
The Mental Capacity Act - Why its important
The Mental Capacity Act protects us all from abuse. It allows everyone the right to make decisions and choices regarding there life. It protects everyone in the UK to make "unwise decisions". If someone lacks the capacity to make decisions regarding their own life, a best interest meeting will be held. This includes people like family members, carers, advocates or medical professionals who can work together to make a decision on behalf of the person. If the person lacks capacity, a best interest will need to be held when making the decision to install surveillance in their home.
Human Rights Act 1998
Article 8 of the Human Rights Act states that everyone has the right to privacy within their own home. This right means you can not film or record someone in their own private space. Installing surveillance within someone's home, without permission, would be in breach of article 8.
This means family must seek permission before installing a monitoring or recording system.
Do you need to obtain consent from care providers?
This depends on the care provider and what their policy's state. Empowering Support Services Ltd welcomes all forms of surveillance within your home.
We work open and honestly. This means you can film and record our staff when working within your home, as long as the home owner has given consent. If the home owner can not give consent, we will need to see evidence that the decision has been made in their best interest.
The CQC link below explains it;
For peace of mind
Installing monitoring and recording devices can safeguard your loved from abuse and theft. Before installing, its always good to remember that although you have the right, private areas can not have surveillance in.
They can also be used in the event of a fall and will give family's and loved ones peace of mind.
Conclusion
Although filming carers within your home is legal, its vital to ensure you are not violating the rights and privacy of the home owner.
If your thinking about installing surveillance within your home, its best practice to check with the care providers policy's.
If you would like a care provider who is open and honest, who supports your right to use surveillance, then call Empowering Support Services Ltd today to arrange an assessment.