0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

CQC issues care home surveillance guidance

12 February 2015

The Care Quality Commission has today released guidance for the public on the use of covert surveillance to monitor loved ones’ care. It follows on from similar guidance issued in December 2014 to those providing social care services, in relation to the use of covert and overt surveillance. It sets out the CQC’s position that is unacceptable for care staff to refuse to treat or care for someone properly simply because they are being recorded doing so.

This guidance comes at an interesting time. The implementation of the new Fundamental Care Standards Regulations in April 2015 along with recent CQC announcements suggests a tougher and more targeted enforcement approach by the regulator. In bringing more cases before the courts, the products of surveillance could provide invaluable evidence and this guidance encourages families to provide recordings demonstrating poor care to the CQC in the first instance.

The December guidance strongly recommends that providers obtain expert legal advice and conduct a detailed ‘Privacy Impact Assessment’ before embarking on the practice. Well trained staff to conduct surveillance are said to be essential.

The new guidance for individual families places the emphasis on gaining the consent of the person whose care is being recorded or on ensuring that their best interests are being protected. However, with the potential for surveillance to impact on the privacy of staff and other service users, this guidance rightly recommends that care is taken by families in making the decision to record.

related opinions

IR35 changes - six months and counting...

In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.

View blog

Marriott International: a look behind the ICO’s £99m fine and what this means for corporate acquisitions

Last month, the Information Commissioner’s Office (ICO) announced notice of its intention to fine (NOI) Marriott International, Inc. £99m for infringements of the GDPR.

View blog

SFO fail to secure individual criminal convictions following Deferred Prosecution Agreement

On 16 July 2019 the Serious Fraud Office released details of the Deferred Prosecution Agreement reached with Sarclad Ltd in July 2016.

View blog

Supreme Court backs employers seeking to enforce restrictive covenants: Tillman v Egon Zehnder Ltd

The Supreme Court in Tillman v Egon Zehnder Ltd has determined that where post-termination restrictive covenants (i.e. “non-compete” clauses) in employment contracts go further than reasonably necessary to protect an employer’s business interests, it can apply the ‘blue pencil test,’ severing the offending words and leaving the remaining enforceable clause in place.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up