Surveillance and Monitoring

Surveillance and monitoring devices include facilities such as CCTV (both with and without voice-recording), baby monitors, smart speakers/devices, smart doorbells, pet cameras and dashcams and apps and features used on smart mobile phones such as Life360 or location sharing

This document is intended to support the consideration of surveillance or monitoring devices both inside and outside the foster home. An individual has the right to protect their property and this can be done by using a CCTV system or smart doorbell/doorlock as a security measure. The use of these systems in a domestic dwelling to protect the residents from crime and anti-social behaviour is not uncommon and there is some basic information and guidance that householders should be aware of if they have this security measure in place. 

This document also refers to any other monitoring or recording device or device that has ‘smart’ capabilities which are now common in most households. Foster Carers have a responsibility to disclose any video device that they are using to the Fostering Service and advice should be obtained from Fostering Management if there is any doubt as to whether the device falls under this policy. Baby monitors are regarded as a listening/video 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.  They must only therefore be used for their expressed purpose and everyone living in the home should be aware of their location and use. Please see guidance on safe sleep for babies.

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.

Smart doorbells allow home occupants to record and monitor outside their premises via their Smartphone using video and audio. Some devices are linked to door security and allow doors to be locked/unlocked remotely.

Dashcams are used to monitor outside a car and can cover the front and/or rear view from the car.  Some dashcams (often used by taxis or private hire vehicles) have a facility to record the inside of the car.

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 consent. Personal mobile phones and other personal devices should not be used for surveillance activity.  

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.

Home Smart devices. Smart devices are electrical items that connect to the internet, or your home network usually via wi-fi.  They include hi-tech items such as smart speakers, smart TVs fitness trackers and security devices, but can also include everyday items such as kettles, thermostats, washing machines.  Smart devices are becoming part of most households’ everyday life.

Not all smart devices have surveillance capability (microphones or cameras) but nevertheless you should ensure all devices are set up securely to prevent cybercrime or hacking.  The National Cyber Security Centre has a range of guidance and advice on their website.

Smart speakers/smart TVs, virtual assistants and Smartphones contain one or more microphones but contrary to popular belief they are not recording all the time. They listen for their ‘wake word’ (eg ‘Alexa’, ‘Siri’) and then voice recording is triggered and ends when the person stops talking.  The recording is used to trigger commands or accomplish tasks using voice recognition. In the settings of your system you can opt out of saving these recordings or regularly delete your voice history.

See also: Surrey County Council Fostering Service - Social Media and internet Policy for Foster Carers

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

Before installing or operating CCTV or other monitoring device on the foster home premises, there are various considerations to be taken into account.  Foster carers should ensure they discuss with their supervising social worker the appropriateness of the use of CCTV or other recording devices on their premises and the implications in relation to children to be placed.

The guiding principle for the use of CCTV (and everything that the term covers, including video doorbells) is that it ‘is necessary and not disproportionate’. This means that:

1. Anyone who uses CCTV must have a clear purpose for needing CCTV and
2. The use of cameras and/or microphones must be in proportion (balanced) with the situation.

In addition, different considerations apply depending on whether the device will capture images externally within the boundary of the foster home or whether it will also capture images extending beyond that.

If the system is set up so it captures only images within the boundary of your private domestic property (including your garden), then the data protection laws will not apply.

However, if the system captures images of people outside the boundary of your private domestic property – for example, in neighbours’ homes or gardens, shared spaces, or on a public footpath or a street, then the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA18) (the ‘data protection laws’) will apply, and you will need to ensure your use of CCTV complies with these laws.

Regardless of whether or not your use of CCTV or a monitoring device falls within the data protection laws, the Information Commissioner’s Office (ICO) recommends you use it responsibly to protect the privacy of others.

If you fail to comply with your obligations under the data protection laws, you may be subject to enforcement action by the ICO. This could include a fine. You may also be subject to legal action by affected individuals, who could pursue court claims for compensation.

However, the ICO state that, if you have followed their guidance and taken all reasonable steps to comply with your data protection obligations, the ICO is unlikely to regard you as a regulatory risk and would be unlikely to think that taking enforcement action against you was a proportionate use of its resources.

The Fostering Services (England) Regulations 2011 state that 'no child placed with a foster parent is subject to any measure of control, restraint or discipline which is excessive or unreasonable.' Given that CCTV surveillance within foster homes will usually give rise to continuous supervision of a child or young person, CCTV surveillance should not be used to monitor the behaviour or actions of children or young people in the home. Adults who work with and look after a child or young person in their own home should offer care, patience and presence and none of these can be replaced or implemented via surveillance systems.

The exception to this principle is the use of baby monitors, with or without cameras, when these are specifically used to help to keep a sleeping baby safe. There may also be circumstances where a baby monitor is used to look after an older child who may have difficulties with sleep or has a health condition that needs monitoring. In these cases, foster carers should seek consent from the child being monitored, if they are able to give it. In every case, foster carers should make sure that their fostering service knows about all cameras and microphones in their home, where they are and what they are used for, so that everyone can be kept safe. (The Fostering Network).

If foster carers are concerned that a child living with them is recording activity within the household then this should be discussed with the team around the child to agree a plan.

Consideration should always be given to an individuals right to respect for private life, family, home and correspondence further to Article 8 of the Human Rights Act 1998.

If you set up your system so it captures only images within the boundary of your private domestic property (including your garden), then the data protection laws will not apply to you. However, when considering any use of surveillance and monitoring in the foster home, it is important to balance the rights and freedoms of children, visitors and foster carers with the need for and purpose of the surveillance.

Think about what areas need to be covered.

Surveillance and Monitoring in Residential Childcare Settings (Ofsted, October 2019) provides guidance on the use of surveillance and monitoring equipment in children’s homes. Whilst not directly applicable to foster homes, it can be regarded as good practice guidance. This guidance provides that careful consideration should be given to the specific purpose and role of any surveillance and monitoring used in the home, including whether there are other, less intrusive, ways and means to keep children safe.

The fostering service and children’s social workers should be made aware of any external monitoring and surveillance systems in use at your home and their purpose to ensure their use aligns with this procedure. Children and young people should be informed (as early as possible after coming to live with you) about any systems, what the system is used for, how their privacy and confidentiality will be maintained and what happens to the images or audio recordings.  In your annual review each year the fostering service will ask you which devices you have and how they are used.

Tracking of young people whilst they are away from the home via location sharing on smart phones or the use of apps such as Life360 must be agreed in placement planning meetings or looked after reviews and signed off by the child’s Team Manager.  It is acknowledged that this type of surveillance has many benefits for children’s safety and can be a useful tool in enabling children to become more independent, but it is a form of surveillance and therefore the reason for its use, the children’s views, its risks and advantages must be carefully weighed up by the team around the child.  Its use must also be reviewed annually. (The Fostering Network).

It is preferrable that foster carers do not use surveillance equipment for security purposes internally within the foster home and should have explored all less intrusive alternatives to secure their properties. In exceptional circumstances the fostering service may agree to its use and full details should be incorporated in the household safer caring plan.  Where this is the case, the child’s social worker must be informed of the surveillance prior to the child coming to live in the home, or installation of a system including the location of cameras, when the system is used, who is responsible for the system, what happens to data captured.  Surveillance must only be located in and facing communal areas of the home, and never in bathrooms, toilets or bedrooms.

From time-to-time foster carers may feel it is beneficial for them to record visits or meetings with council staff.  In the spirit of working honestly and acting professionally, permission for this should be sought in advance from all those in the meeting and the purpose of the recording outlined. The recordings should not be shared with third parties without everyone's permission and should only be kept for as needed to fulfil the agreed purpose.

The Surveillance Camera Buyers Toolkit suggests completing the following prior to installation and use of a surveillance system:

If the system captures images of people outside the boundary of your private domestic property – for example, in neighbours' homes or gardens, shared spaces, or on a public footpath or a street, then the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA18) (the 'data protection laws') will apply, and you will need to ensure your use of CCTV complies with these laws. Good practice includes consulting with anyone who may be affected by the surveillance before its installation.

As the CCTV or smart doorbell user, you are a 'data controller' and will need to comply with your legal obligations under the data protection laws.

You can still capture images and/or audio, but you need to show you are doing it in ways that comply with the data protection laws and uphold the rights of the people whose images you are capturing.

If you are capturing images beyond your property boundary, you should have a clear and justifiable reason for doing so. In particular, you will need to think why you need these images. If asked by an individual or the ICO, you will need to be able to explain your reasons, so you should write them down. You should also write down why you think capturing the images is more important than invading the privacy of your neighbours and passers-by.

You will also need to:

• Let people know you are using a monitoring system by putting up signs saying that recording is taking place, and why;
• Ensure you don’t capture more footage than you need to achieve your purpose in using the system;
• Ensure the security of the footage you capture – in other words, holding it securely and making sure nobody can watch it without good reason;
• Only keep the footage for as long as you need it - delete it regularly, and when it is no longer needed;
• Ensure the monitoring system is only operated in ways you intend and can’t be misused for other reasons. Anyone you share your property with, such as family members who could use the equipment, needs to know the importance of not misusing it.

You also need to make sure you respect the data protection rights of the people whose images you capture. This includes the following things:

• Responding to subject access requests (SARs), if you receive any. Individuals have a right to access the personal data you hold about them, including identifiable images. They can ask you verbally or in writing. You must respond within one month and give them a copy of the data;
• Deleting footage or handing over footage of people if they ask you to do so. You should do this within one month. You can refuse to delete it if you specifically need to keep it for a genuine legal dispute – in which case you need to tell them this, and also tell them they can challenge this in court or complain to the ICO;
• Consider any objection you get now from particular people about capturing their image in the future. Given the nature of CCTV systems, this may be very difficult to do. However, you should again think whether you need to record images beyond your property boundary – particularly if your system is capturing images from a neighbour’s home or garden;
• Unintentional capture of neighbouring properties. Care should be taken to check the range of any such devices, and it should be noted that such devices are likely to capture audio footage at a greater range than video footage, therefore care must be exercised if audio capture is enabled on external devices. Smart doorbell systems can usually be adjusted to ensure microphone sensitivity and the field of vision do not intrude on neighbours.

The Surveillance Camera Buyers Toolkit contains an example of a Privacy Notice to inform people about surveillance.

For specific guidance relating to subject access request, please contact the information governance team: childinfogovernance@surreycc.gov.uk

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.

Images, and information should be stored securely, for their stated purpose, and only for as long as necessary;

Security arrangements for sharing footage, for example, when used as evidence in court hearings, should be discussed with the placing authority.

Domestic CCTV: using CCTV systems on your property

The Information Commissioner’s Office (ICO) also publishes guidance, e.g. ‘guidance on the use of domestic CCTV and ‘guidance for people being filmed by domestic  CCTV’