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Client filming

Discussion in 'Personal' started by Bonnie23, Dec 27, 2017.

  1. Bonnie23

    Bonnie23 Occasional commenter


    This isn't school related however my mother works for a care company - she is a manager (no names) at a company that provides care at home for those that are unable to care for themselves.

    A client who has recently been taken on via a request from social services has set up a camera in his home, he is recording the carers in his home however we are wondering if this is legal? We don't know what he is doing with the footage and he has not gained previous permission. Is this legal? Can they refuse to be filmed or does he need to ask their permission first?

    Many thanks
  2. jubilee

    jubilee Star commenter

    As you can put CCTV on the outside of your home and record passers-by without needing their consent, I suspect that there's nothing to stop anyone filming when they choose to inside their own home. The carers could, of course, refuse to visit that client.
    As long as there are no concealed cameras in the bathroom, the client is probably just taking precautions until he knows and trusts his carers.
    nomad and Bonnie23 like this.
  3. Wotton

    Wotton Lead commenter

    I believe lots of people record their carers in their home. Many do it to prevent ill treatment and theft.I think so long as the carers know about it it is legal, but don't quote me on that.
    Bonnie23 likes this.
  4. Wotton

    Wotton Lead commenter

  5. Wotton

    Wotton Lead commenter

  6. jubilee

    jubilee Star commenter

    Bonnie23 likes this.
  7. elder_cat

    elder_cat Established commenter

    I would imagine people such as this would be classed as 'vulnerable' by default.

    Given recent incidences of 'carers' abusing those they are meant to be helping, I think it's quite understandable that a new client might want to take precautions until they are happy with the people they deal with on a regular basis.

    I don;t works as a care, but personally I would not have any issue with anyone recording my visits. If the footage simply shows the carers all acting in a professional manner during visits, then I don't see the problem. If necessary they could ask Social services to get an assurance from the person that the footage would not be shared with anyone except relatives, the Social Services, or the Care Agency

    I imagine they could, if they had resonable grounds. But then the agency would either need to provide someone who does not object, or tell Social servies tey were unable to meet the request to provide care
    Bonnie23 likes this.
  8. Duke of York

    Duke of York Star commenter

    We are all filmed wherever we go these days without our consent. Nobody has ever asked us whether we mind being recorded when we enter a shop or whatever. Britain has more CCTV cameras per square mile than any over nation. Of course it's legal and if care is provided in the clients' home, it's their castle and they can do what they want in it.

    But let's take a step back for a moment to consider whether the client installed the cameras themself for the reasons suggested, or whether there is another reason they are there.

    I have a resident with dementia who lives alone, but his daughters and son share the care he needs. They installed CCTV in his flat that can can view over the Internet and check whilst they are not around that he hasn't had a fall or is doing something potentially dangerous.

    I gather he was some sort of electronic engineer and is prone to tinker with things when they don't work. Their concern is that he can't remember how modern things work, but can remember how old stuff does, so he attempts to fix things that don't need fixing, just understanding how to make them work.

    I'll give you an example. He felt cold one day and thought the heating wasn't on, so decided to find out what was wrong with it. Using his muscle memory, he shut off the heating isolator, then started to dismantle the storage heater. They saw what he was up to and came round to stop him.

    As it happens, they didn't have a camera in the cupboard the isolator was in and he'd never lived in a home with storage heating, so didn't appreciate it can't be turned up during the day. The controls set the temperature it will heat up to at night.

    Since nobody had seen him shut the isolator off, it didn't heat up the following day and I was asked if I could get a sparky to take a look at it. I had a look myself first and discovered it had been turned off.
    Bonnie23 likes this.
  9. Bonnie23

    Bonnie23 Occasional commenter


    I should have gone into more detail but I didn’t want to give a bad impression of the client. He has recently come out of prison after sexually assaulting someone (in this light the cameras could be a good thing), he is not elderly and does not have any issues with his memory, he is known to services for ‘playing the system’. He is currently trying to sue both the NHS and prison system and recently also had to have his dog taken away from him due to neglect and tying the dog and keeping him in a bath, a poor young jack Russell.

    My mum is worried that he will try to twist what he is recording to his own advantage.
    The links posted were useful - thank you. I have forwarded them onto her and I believe she is going to contact social services to deal with her worries.

    It is saddening to hear and see the cases where vulnerable people have been abused, it is something my mum puts as her top priority; the well being and care of others. We have had many family members dealt with by care companies and couldn’t imagine how angry or upset we would be if someone took advantage of such a fragile system.

    Thank you for your comments, replies and advice.
  10. jubilee

    jubilee Star commenter

    In that case I think that the carers should be informed about his background. I don't know if that's allowed but their employer does have a duty of care to them.
    Bonnie23 and sabrinakat like this.
  11. Weald56

    Weald56 Established commenter

    Given the backstory the OP gives, being filmed might (I stress might) be of protection to the carers...But they need & (I would say) must be given assurances about what the film will be used for.
    Bonnie23 likes this.
  12. jubilee

    jubilee Star commenter

    They should also check the bathroom in case he has a concealed camera in there to record them using the WC.
    Bonnie23 likes this.

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