SL65-Use of CCTV and Surveillance in Service Users' Homes Policy

Registration Number: {{org_field_registration_no}}

Use of CCTV and Surveillance in Service Users’ Homes Policy

1. Purpose

The purpose of this policy is to provide clear guidance on the use of CCTV and surveillance systems in the homes of people we support, ensuring compliance with the Care Quality Commission (CQC) regulations, the General Data Protection Regulation (GDPR), the Data Protection Act 2018, and the Human Rights Act 1998. This policy aims to balance the rights and privacy of individuals while promoting safety, dignity, and the prevention of abuse.

2. Scope

This policy applies to all staff, service users, families, visitors, and external agencies involved in the installation, monitoring, and use of CCTV and surveillance within supported living environments managed by {{org_field_name}}.

This policy covers:

Overt and covert surveillance
Audio and visual recording
Data protection, retention, and security
Service user rights and consent

3. Related Policies

Confidentiality and Data Protection (GDPR) Policy (SL34)
Dignity and Respect Policy (SL08)
Safeguarding Adults from Abuse and Improper Treatment Policy (SL13)
Mental Capacity and Deprivation of Liberty Safeguards Policy (SL39)
Health and Safety at Work Policy (SL16)
Good Governance Policy (SL04)

4. Policy Statement

{{org_field_name}} recognises the potential benefits of CCTV and surveillance systems in enhancing security, preventing harm, and protecting individuals from abuse. However, the use of such systems must be lawful, ethical, necessary, and proportionate. The dignity, privacy, and autonomy of individuals must always be prioritised.

5. Principles Governing the Use of CCTV and Surveillance

Legal Compliance: All surveillance must comply with GDPR, Data Protection Act 2018, and CQC regulations.
Necessity and Proportionality: CCTV should only be used where other measures are insufficient to address risks.
Transparency and Consent: Individuals must be fully informed, and written consent must be obtained.
Safeguarding and Dignity: CCTV should never be used in a way that undermines dignity or independence.
Security and Data Protection: All recordings must be stored securely, with access limited to authorised personnel only.

6. Implementation Procedures

6.1 Assessing the Need for CCTV or Surveillance

Before installing CCTV in a service user’s home, the following must be considered:

Why is surveillance needed? (e.g., safeguarding concerns, risk management, crime prevention)
Have all other risk management strategies been exhausted?
What are the potential benefits and risks?
Will it infringe on the person’s right to privacy?
Has consent been obtained from the individual or their legal representative?
Is the least intrusive method being used?

A formal risk assessment must be completed, and a written rationale documented before any decision is made.

6.2 Obtaining Consent

Explicit, informed, written consent must be obtained from the service user before any recording device is installed.
Where an individual lacks capacity, a best interest decision must be made under the Mental Capacity Act 2005, involving the individual, their family, advocates, and professionals.
If consent is withdrawn at any time, the system must be deactivated immediately.

6.3 Location and Type of Surveillance

CCTV should not be used in private areas, such as bathrooms or bedrooms, unless there are exceptional safeguarding concerns.
The placement of cameras must be minimally intrusive and positioned only in agreed areas.
Audio recording is not permitted, except where it is essential for safety and agreed upon with consent.

6.4 Data Security and Access

All recordings must be stored on secure, encrypted systems with access limited to authorised staff only.
CCTV footage must not be shared outside {{org_field_name}} unless required by law or for safeguarding investigations.
Data retention must comply with GDPR:
- Standard retention period: 30 days unless required for an ongoing investigation.
- Secure deletion: Data must be erased when no longer necessary.

6.5 Use of Covert Surveillance

Covert surveillance is only permitted in exceptional circumstances, such as serious safeguarding concerns, and must:

Be authorised by senior management and relevant safeguarding authorities.
Have a clear time-limited purpose with a review date.
Be proportionate, necessary, and lawful.

6.6 Staff Responsibilities

Registered Manager: Ensures compliance, oversees risk assessments, and provides training.
Data Protection Officer: Ensures GDPR compliance and data security.
All Staff: Must follow policy guidelines, report concerns, and ensure ethical use of CCTV.

7. Safeguarding Considerations

Service users must feel safe and respected, with CCTV used only as a last resort.
CCTV must not replace human care and supervision.
If surveillance identifies abuse, it must be reported immediately under the Safeguarding Policy (SL13).
Families must be involved in decision-making where appropriate.

8. CQC Compliance

This policy aligns with the following CQC regulations:

Regulation 9: Person-Centred Care – Ensuring decisions about CCTV reflect individual needs and preferences.
Regulation 10: Dignity and Respect – Avoiding intrusive or excessive surveillance.
Regulation 11: Need for Consent – Ensuring explicit agreement before using CCTV.
Regulation 12: Safe Care and Treatment – Using CCTV responsibly to protect individuals.
Regulation 13: Safeguarding – Preventing abuse and ensuring protection from harm.
Regulation 17: Good Governance – Maintaining accurate records and security controls.

9. Handling Complaints and Concerns

Any concerns about the use of CCTV should be reported to {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}.
Complaints will be investigated in line with {{org_field_name}}‘s Complaints Policy (SL14).
Unauthorised use of surveillance may result in disciplinary action or legal consequences.

10. Policy Review

This policy will be reviewed annually, or sooner if there are legislative changes, regulatory updates, or operational needs.

For further guidance, contact {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}, Registered Manager at {{org_field_email}}.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

SL65-Use of CCTV and Surveillance in Service Users’ Homes Policy