DCW65-Use of CCTV and Surveillance in Service Users’ Homes Policy
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Use of CCTV and Surveillance in Service Users’ Homes Policy
1. Purpose
The purpose of this policy is to establish clear guidelines on the use of CCTV and other surveillance systems in service users’ homes, ensuring that privacy, dignity, and legal rights are protected. This policy ensures that {{org_field_name}} complies with Care Inspectorate Wales (CIW) regulations, data protection laws, and ethical standards when CCTV or surveillance technology is used.
Our objectives are to:
- Ensure that the use of CCTV and surveillance is lawful, justified, and proportionate.
- Safeguard service users’ privacy, dignity, and human rights.
- Support service user safety while preventing abuse, neglect, or misconduct.
- Ensure all stakeholders understand their rights and responsibilities.
- Implement strict data protection and confidentiality measures for recorded footage.
2. Scope
This policy applies to:
- Service users who request or consent to the use of CCTV in their homes.
- Family members, advocates, or representatives involved in decision-making.
- All employees, including care workers, managers, and administrative staff.
- The Registered Manager and Responsible Individual, responsible for ensuring compliance.
- Third-party monitoring services, where applicable.
- Healthcare professionals and external agencies with access to CCTV footage.
3. Legal and Regulatory Framework
This policy aligns with:
- The Regulation and Inspection of Social Care (Wales) Act 2016, ensuring care services meet CIW standards​.
- The Data Protection Act 2018 (UK GDPR), governing the processing and security of recorded footage.
- The Human Rights Act 1998, ensuring the right to privacy under Article 8.
- The Equality Act 2010, preventing discrimination in surveillance practices.
- The Protection of Freedoms Act 2012, ensuring lawful and ethical use of CCTV.
- The Information Commissioner’s Office (ICO) CCTV Code of Practice, outlining best practices for data security and usage.
4. Principles for the Use of CCTV and Surveillance
At {{org_field_name}}, we follow these principles when considering CCTV and surveillance in a service user’s home:
- Consent and transparency – CCTV must only be used with explicit consent from the service user or their legal representative.
- Proportionality and necessity – CCTV should only be used where there is a genuine need to improve safety or monitor specific risks.
- Privacy and dignity – CCTV should not be used in bedrooms, bathrooms, or private spaces unless essential and agreed upon.
- Data protection and confidentiality – All recorded footage must be securely stored, accessed only by authorised personnel, and used strictly for its intended purpose.
- Compliance with legal obligations – The use of CCTV must follow GDPR requirements, ICO guidance, and CIW regulations.
5. Obtaining Consent for CCTV Installation
5.1 Service User Consent
- The service user (or their legal representative) must provide written consent before CCTV is installed.
- Consent should be informed, voluntary, and documented in the care plan.
- If the service user lacks mental capacity, consent must be obtained via a best interest decision process under the Mental Capacity Act 2005.
5.2 Family and Carer Involvement
- Families must be involved in discussions if they request CCTV for safeguarding or monitoring purposes.
- Any decision must prioritise the service user’s preferences and rights.
- Disputes between family members and the service user regarding CCTV use must be resolved through mediation or legal guidance.
How we manage this efficiently:
- A structured consent form is used to document decisions and agreements.
- Regular reviews ensure consent remains valid and service users have the right to withdraw at any time.
6. CCTV Placement and Use Restrictions
- CCTV must not be installed in private areas such as bathrooms, bedrooms, or areas where intimate care is provided unless exceptional circumstances apply.
- Cameras should only record areas relevant to safety and security.
- The service user should be aware of all camera locations and have access to their own recordings if desired.
How we manage this efficiently:
- CCTV placement is agreed upon in writing and logged in the service user’s care plan.
- A checklist is used to confirm that camera positioning complies with privacy laws.
7. Data Protection and Security of CCTV Footage
7.1 Storage and Access Control
- CCTV footage is encrypted and stored securely, with restricted access to authorised individuals only.
- Footage must not be retained for longer than necessary (typically 30 days, unless required for an investigation).
- Any request to access footage must be recorded and approved by the Registered Manager.
7.2 Sharing and Disclosure of CCTV Footage
- CCTV footage must never be shared on social media or unauthorised platforms.
- Footage may only be shared:
- With law enforcement if a crime is suspected.
- With CIW or safeguarding authorities if required.
- With legal representatives, following data protection laws.
How we manage this efficiently:
- A CCTV data access log is maintained, documenting all requests and disclosures.
- Staff training ensures that all employees understand GDPR and confidentiality obligations.
8. Monitoring and Compliance
- The Registered Manager oversees the ethical use of CCTV and ensures compliance with legal requirements.
- Regular audits and reviews ensure that CCTV use remains necessary and proportionate.
- Any misuse of CCTV by staff will result in disciplinary action.
How we manage this efficiently:
- Quarterly audits ensure correct CCTV usage and identify any issues.
- A service user feedback process allows individuals to report concerns about surveillance.
9. Handling Complaints and Disputes
Service users, families, or staff can raise concerns about CCTV use. Complaints will be:
- Logged and acknowledged within 5 working days.
- Investigated fairly, with input from all relevant parties.
- Escalated to external authorities (e.g., CIW, ICO) if necessary.
How we manage this efficiently:
- A clear complaints procedure is provided to all service users.
- A mediation process is available for disputes over CCTV use.
10. Removal or Modification of CCTV
- Service users can withdraw consent at any time, and cameras must be removed or deactivated.
- If CCTV was installed for safeguarding reasons, a risk assessment must be completed before removal.
How we manage this efficiently:
- Regular reviews of CCTV use ensure it remains necessary and proportionate.
- A structured deactivation and removal process is followed.
11. Related Policies
This policy aligns with:
- Confidentiality and Data Protection Policy (DCW34)​.
- Safeguarding Adults Policy (DCW13)​.
- Risk Management and Assessment Policy (DCW18)​.
- Dignity and Privacy Policy (DCW07)​.
12. Policy Review
This policy will be reviewed annually or sooner if required due to legislative changes, business needs, or CIW updates. The Registered Manager and Responsible Individual are responsible for ensuring compliance.
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}}
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