Surveillance and Monitoring

The digital landscape is continually changing with connected/smart surveillance devices becoming the norm for many households. Furthermore, these devices are recording audio and video data, which is saved to cloud services. These devices come under the definition of CCTV.

In response to these two competing demands, the following policy has been produced to support the Essex Council Fostering services and in particular Foster Carers regarding the use of CCTV and recording devices in the Foster Carers home.

Surveillance and monitoring devices includes facilities such as CCTV (both with and without voice-recording) and baby monitors.

Baby monitors are regarded 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.

CCTV: is closed-circuit television system on a private network. Footage is monitored mainly for surveillance and security purposes. The system uses strategically placed cameras that send the images to monitors placed elsewhere.

The Information Commissioner’s Office advises that, whilst use of a domestic CCTV system may be appropriate, publicly uploading or streaming footage of identifiable people would need more justification. In most cases it would not be justifiable.

Note that audio-recording is considered as being particularly intrusive and so should be avoided unless there is a clear reason for it.

Monitoring of personal electronic devices: this includes monitoring the use of a child's own laptop, desktop, tablet, 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.

Please note: online filters should not be used as substitute for on-going discussions with children in the foster home about their online activity and how they can keep safe. See also: Internet, Photographs and Mobile Phones 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.

See also Domestic CCTV systems - Guidance for People Using CCTV (ICO)

CCTV is a broad term however the UK Government and Information Commissioner’s Office (ICO) have provided a helpful definition.

CCTV (which stands for ‘closed-circuit television’) is a term generally used to describe video surveillance. According to the Information Commissioner’s Office (ICO), a ‘domestic’ (home-based) CCTV system includes any video surveillance equipment at the home - including doorbell cameras, ‘dashcams’ or pet cameras. It can also include any other equipment that is part of recording and storing video and/or audio (sound). This means that someone may have CCTV at their home, even if they don’t have a full surveillance system.

It is the Foster Carers/operators responsibility to ensure that the CCTV is being used with the general guidance set out by the Information Commissioners Office (ICO). In summary.

Data protection law says that people who capture images or audio recordings from outside their property boundary using a fixed camera, such as a CCTV camera or smart doorbell, should:

• Tell people that they are using recording equipment.
• In most circumstances, provide some of the recording if asked by a person whose images have been captured.
• Regularly or automatically delete footage.
• In most circumstances, delete recordings of people if they ask; and
• Stop recording a person if they object to being recorded, but only if it is possible to do so. For example, if they can point the camera in a different direction but still use it for the same purposes, eg keeping their property safe.

These rules only apply to fixed cameras. They do not cover roaming cameras, such as drones or dashboard cameras (dashcams) as long as the drone or dashcam is used only for your domestic or household purposes. Further information can be found at: Domestic CCTV systems (ICO).

CCTV and smart recording devices should not be used to monitor or be used as a behavioural management tool for children or young people in the foster carers home.

There may be circumstances where CCTV is used for a specific safety need for the child, where there is a risk of harm and there are no other viable options. The reasons for this must be clearly set out and reviewed on a regular basis. Furthermore, where it is deemed that CCTV is essential and proportionate to prevent harm to the child it must be agreed by the Child Social Worker, Team Manager and Service Manager.

When CCTV has been agreed it should not be positioned in the bathroom, toilet or bedroom.

In the circumstances where CCTV has been agreed, the details of how this shall be managed should be recorded in the Safer Caring Plan, the following should be considered, who has access to the CCTV, how is the content securely saved and for how long. All person’s living or entering the home must be informed that CCTV recording is taking place. As well as discussion this can be achieved by clear visible signage. If a person who is entering home requests not to be recorded this must be respected.

New carers may have  CCTV already installed in their property. If this is the case any internal cameras must be removed. External cameras are permitted in line with the principles already outlined in this document. External camera should be switched off when children are playing outside.

If existing carers which to install external camera CCTV devices, they must inform the fostering service.

Ring doorbells or other branded smart doorbells that record audio and video are classified as CCTV therefore it is the responsibility of the user to operate the equipment in line with the regulatory framework outlined above.

It is likely the Ring doorbell or smart doorbell will transmit images to a mobile device, tablet or PC, these devices should be secure with only the user being able to view these images. Furthermore, the images should be deleted regularly, or an auto delete function enabled. If the images are also stored on a cloud service, again they should be secure and deleted regularly.

Ring doorbell or smart doorbells should not be used to monitor children and is not an alternative to adult supervision.

Pet Cams are permissible for the sole use of monitoring pets when you are out of the home. In the circumstance when older children are left at home and the carer is out, pet cams must be deactivated.

Dash Cams are permitted as long as they only record images outside of the vehicle. Dash Cams need to have the audio record function disabled so audio is not recorded within the confines of the vehicle.

Baby monitors are considered as listing devices and should be used for the sole purpose of monitoring the welfare of a baby while the carer is not in the same room. Baby monitors should not be used to monitor older children. Smart baby monitors that record video should be positioned so only the child is visible. When the carer enters the room to change the baby the smart monitor should be switched off to protect the baby’s privacy.

The device that the smart baby monitor transmits to, should be secure with only the user being able to view the images. Furthermore, the images should be deleted regularly. If the images are also stored on a cloud service, again they should be secure and deleted regularly.

As a rule no images or audio captured on CCTV including smart devices should be shared/uploaded transmitted in anyway unless it is part of the devices cloud storage, and in this circumstance, it is the user’s responsibility to ensure this is secure and there is regular deletion. If you are ever requested to provide CCTV to Essex County Council, this request will be in writing from a Service Manager.

You don’t need to register with the ICO or pay a fee. However, you must maintain records of how and why you are capturing these images, and for how long you are keeping them. You may need to make these records available to the ICO on request.