This chapter provides guidance on the use of surveillance and monitoring equipment in Children's Homes. It is based on information published by Ofsted. Please note: The guidance for Secure Children's Homes, schools and family centres may be different.
Surveillance and monitoring in residential childcare settings (Ofsted, October 2019)
Children's Homes should provide a positive home environment in which children can live and learn. Relationship-based practice should be promoted.
All staff should:
In particular, Ofsted guidance is clear that Children's Homes providers and managers should ensure Homes provide positive environments where children can flourish, with staff who work positively and confidently with children, and who find the least intrusive way to support and empower children and keep them safe.
See: A guide for inspectors about physical intervention and restrictions of liberty (Ofsted, March 2018).
It is important therefore that managers and providers carefully consider the specific purpose and role of any surveillance and monitoring used in Children's Homes, including whether there are other, less intrusive, ways and means to keep children safe.
Children and young people should be at the centre of practice within Homes, and they should be informed (as early as possible after admission) about any monitoring and surveillance systems in use and the reasons for having it in the home, as well as the safeguards in place regarding confidentiality and the retention of images.
The Children's Homes (England) Regulations (2015) regulation 24 states:
See also: Code of practice - A guide to the 12 principles, Surveillance Camera Commissioner.
When considering any use of surveillance and monitoring in Children's Homes, it is important to balance the rights and freedoms of children, visitors and staff with the need for and purpose of the surveillance.
The Human Rights Act 1998; Data Protection Act 2018; Protection of Freedoms Act 2012 (POFA) (which regulates surveillance systems) and the Freedom of Information Act 2000 (FOIA) provide a framework to enable this balance to be achieved, and it is important that all guidance and regulations are adhered to.
'Using surveillance systems can be privacy intrusive. You should therefore carefully consider whether or not to use a surveillance system. The fact that it is possible, affordable...should not be the justification for processing personal data. You should also take into account the nature of the problem you are seeking to address; whether a surveillance system would be a justified and an effective solution, whether better solutions exist, what effect its use may have on individuals, and whether in the light of this, its use is a proportionate response to the problem. If you are already using a surveillance system, you should regularly evaluate whether it is necessary and proportionate to continue using it.
(In the picture: A data protection code of practice for surveillance cameras and personal information, ICO (2017))
A Data Protection Impact Assessment is a way of identifying the data protection risks inherent in the use of any monitoring or surveillance systems, it must consider whether there is a less intrusive way of achieving the purpose of the monitoring or surveillance.
The details of Data Protection Impact Assessment must be recorded, and outline the purpose(s) of the monitoring and surveillance, the outcome of the initial assessment and what alternatives have been considered (identifying the reasons they are not appropriate).
See also: Data protection impact assessments (which includes Data Protection Act Principles and Consulting the Information Commissioner's Office (ICO).
Surveillance and monitoring devices include CCTV (both with and without voice-recording); listening devices; location trackers on personal electronic equipment; door sensors; noise sensors and movement alarms.
Some equipment, such as listening devices, can be used to monitor individuals, (for example where there are health or emotional well-being concerns). Note that audio-recording is considered as being particularly intrusive and so should be avoided unless there is a clear reason for it. [1]
Other equipment may capture activity in the environment, for example body-worn cameras, exit alarms, noise sensors and movement-activated mats.
Note: baby monitors are included within the Ofsted guidance as a listening device unless they are being used to monitor the welfare of a baby when adults are not present, e.g. when a baby is sleeping during the day. A parent may choose to use their personal mobile phone as a baby monitor when the baby is sleeping, and this is acceptable. Nevertheless, it should not be used to monitor another person's activity.
CCTV: is closed-circuit television system on a private network. Footage is monitored mainly for surveillance and security purposes. Systems use cameras that send the images to monitors placed elsewhere.
If a setting uses CCTV to monitor places of public access, such as the exterior of a building, or public space (such as the hallway, dining or living room), the Data Protection Act 2018 may apply (which upholds the rights of people whose images are captured). There should be clear notices alerting the public to its presence and the reason for its use. The notice should include contact details in order to enable a person to access and review any images of them (this is called a subject access request (SAR)).
Where external CCTV is installed and the Children's Home has immediate neighbours, guidance recommends that neighbours should be involved and listened to where there are concerns.
CCTV must not be used to replace or supplement staffing.
Owners of Children's Homes and their managers should be compliant with the 'Home office Surveillance camera code of practice' (2013) and the Surveillance Camera Commissioner, A guide to the 12 principles (see GOV.UK, Surveillance camera code of practice (2014)).
Monitoring of personal electronic devices: this includes monitoring the use of a child's own laptop, mobile phone or any other personal electronic device. This must be carried out with their permission.
It is permissible to monitor online activity if it relates to the use of filters and monitoring the effectiveness of those filters to protect children from exposure to inappropriate online material and contact. This activity must be included in the Home's written policy and procedure.
(Please note: online filters should not be used as substitute for on-going discussions with children in the home about their online activity and how they can keep safe. See also: Staying in Touch, the Safe Use of the Internet, Social Media and Taking Photographs Procedure).
Covert Surveillance: Important note - only a court can sanction covert surveillance. This is where the monitoring of an individual is carried out in a way they are not aware of. This might include equipment such as hidden cameras and /or listening devices or secretly following the person. The Regulation of Investigatory Powers Act 2000 governs the use of covert surveillance by public bodies.
[1] Domestic CCTV systems - guidance for people using CCTV, ICO
All Looked After Children will have Care Plans and Placement Plans. Children living in Children's Homes will also have a risk assessment. These plans:
When CCTV or audio monitoring is used for the protection of children, staffing levels must be sufficient so that the images or alarms can be continually monitored and immediate action taken to safeguard children without reducing the quality of care provided in the home.
All staff must be trained in the use and purpose of monitoring and surveillance systems e.g. setting door alarm systems.
All staff must be aware of the purpose and function of such systems and how they positively relate to each individual child.
Staff should have regular updated training on handling information gathered by monitoring or surveillance. This should include:
See also:
Surveillance Camera Code of Practice, Home Office (2013)
Electronic surveillance in health and social care settings: a brief review, SCIE (2014)