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

Forgotten your password?

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

Employment Appeal Tribunal rules no entitlement to pay for zero-hour worker during a period of suspension

In a recent case the Employment Appeal Tribunal determined that, as a zero-hour worker, the Claimant was not entitled to be paid whilst he was suspended pending an investigation into an allegation of misconduct.

View blog

World Patient Safety Day 2021 - safe maternal and newborn care

Given the ongoing scrutiny of maternity services following publication of the Ockenden preliminary report in December 2020, it is timely that World Patient Safety Day on 17 September 2021 has a focus on safe maternal and newborn care.

View blog

Potential care home vaccination challenge

Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.

View blog

Compulsory vaccinations in care homes

Care homes will need to take steps to assess the impact of these Regulations on their workforce.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up