0370 270 6000

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

Compliance - small businesses and new regulation

The Federation of Small Businesses (FSB) has released a report setting out the impact of new and changing regulations arising from the pandemic on small businesses across the UK.

View blog

The impact of COVID-19 on maternal deaths

HSIB published its report on Maternal deaths during the first wave of COVID-19. The report takes a closer look at the impact that COVID-19 had during the initial period of March to May 2020.

View blog

Responding to Grenfell – Slow progress is better than none

On 18 May 2022 the government published the Fire Safety Act 2021 factsheet: Information on commencement of sections 1 and 3 of the Fire Safety Act, confirming that sections 1 and 3 of the Fire Safety Act 2021 commenced on 16 May 2022.

View blog

80% hours for 100% pay? That’ll do nicely

As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up