A Relative Has Put a Hidden Camera in a Care Home Room: What Providers Should Do
Finding a camera or recorder in a resident’s room is a legal and relationship minefield. CQC’s guidance says to put the person first, treat it as a concern about care and be careful what you do with the device.
If you find surveillance equipment placed by a resident or relative, put the person’s interests first, investigate it like any other concern about their care, and do not damage the equipment, remove it permanently or delete recordings. CQC says damaging it, removing it with no intention to return it or deleting recordings is likely to be a criminal offence, while switching it off or removing it and keeping it safe for its owner is not.
Families sometimes install hidden cameras or microphones because they worry about a loved one. For the provider, it raises questions about privacy, staff rights, contracts and whether there is a real problem with the care. CQC’s guidance for providers (CQC: surveillance equipment placed by people in your care or their relatives) is short and clear, and it sits alongside its advice to the public on using cameras to check somebody’s care.
This is not legal advice. CQC recommends getting legal advice, and you may want to speak to your insurer or data protection lead too.
Key takeaways
- Treat the camera as a signal: there may be a concern about care you have not heard yet.
- The resident must keep receiving the same standard of care, even if the camera breaches your contract.
- Do not damage the device, remove it permanently or delete recordings.
- Consider the privacy of other residents, staff and visitors, and whether anyone else must consent.
- Follow your normal concern, complaint and safeguarding procedures.
In this guide
What Should You Do First?
- Stay calm and keep the person at the centre. CQC says the person and their family must not be put at a disadvantage because they used surveillance without telling you.
- Make sure care is not affected. CQC says staff should never refuse to treat or care properly for someone because this technology is in use. If they do, families can report them to CQC.
- Inform the registered manager and nominated individual and log the discovery in your incident record.
- Investigate the concern. Follow the same procedures as for any concern about someone’s care and look into why the camera was installed. CQC notes there might be a problem you did not know about.
- Speak to the family and the resident. Ask about their worries, and whether the person agreed to the device.
What Can You and Can’t You Do With the Device?
| Action | CQC says |
|---|---|
| Deliberately damage it | Likely to be a criminal offence |
| Remove it intending not to return it | Likely to be a criminal offence |
| Delete recordings | Likely to be a criminal offence |
| Switch it off | Not a criminal offence |
| Remove it and keep it safe for the owner | Not a criminal offence |
CQC’s advice to families adds that if staff remove recording equipment they must return it and not damage or destroy it. Record exactly what you did, when and who was present.
Think About Everyone Else’s Rights
CQC asks providers to consider whether the camera intrudes on anyone else’s privacy or rights, and whether anyone else should give consent. A camera in a shared room, or one that records sound in a corridor, can capture other residents and staff. CQC’s public guidance says staff or visitors may feel the recording breaches their rights and could take legal action, and the Information Commissioner could take enforcement action.
CQC also says a person should only be recorded with their permission, and that not objecting is not the same as agreeing. Where the person lacks capacity, the family should be sure they are acting in the person’s best interests. See consent in care and MCA and DoLS in practice.
Contract and Policy Points
CQC’s public guidance warns families that installing equipment without the provider’s knowledge could breach their contract, so it advises checking the provider’s policy first. For you, that means:
- Have a clear written policy on recording equipment, shared in the admission pack, so families know the position in advance.
- Make your own CCTV policy consistent. See CCTV in care homes.
- Do not treat a contract breach as a reason to reduce care or to threaten discharge without legal advice.
If the Camera Shows a Safeguarding Concern
If recordings show abuse or neglect, treat it as a safeguarding concern: refer to the local authority, involve the police if a crime may have been committed, and notify CQC of an allegation of abuse. See notifying CQC of an allegation of abuse, what is safeguarding adults and duty of candour.
CQC says families do not need to send it camera or sound recordings when they raise a concern, and it will listen either way.
Recording the Response
CQCLogic’s incident log records the discovery and your actions, the complaints log tracks the family’s concerns and the 28-day complaint deadline, and the safeguarding log records any referral. The CQC notification tracker logs notifications; it does not submit them. Keep a dated note of the decision-making so you can show that you responded the same way as to any other concern.
Log concerns, complaints and referrals in one place
CQCLogic keeps incident, complaint, safeguarding and notification records together, so your response is documented from day one. See a sample improvement plan, view pricing or get started free.
Frequently Asked Questions
Can a relative put a hidden camera in a care home room?
CQC cannot authorise intrusive covert surveillance and says families should first raise concerns with the provider. The person being recorded should give permission, and the family should consider the legal risk and the privacy of others. Not objecting is not the same as agreeing.
Can a care home remove a camera placed by a relative?
CQC says it is not a criminal offence to switch it off or remove it and keep it safe for its owner. It is likely to be an offence to deliberately damage it, remove it intending not to return it or delete recordings.
Can a care home refuse to care for someone because of a camera?
No. CQC says staff should never refuse to treat or care for someone properly because the technology is being used. The person must receive the same standard of care.
Does a hidden camera breach the care home contract?
It could. CQC’s public guidance says installing equipment without the provider’s knowledge could break the contract, so families should check first. CQC still says the person must not be disadvantaged.
What if the camera shows abuse?
Treat it as a safeguarding concern: refer to the local authority, involve the police where a crime may have occurred and notify CQC of an allegation of abuse without delay.
Do families have to give CQC their recordings?
No. CQC says families do not need to send camera or sound recordings when raising a concern.