Recording of Meetings
Guidance for Audio/Visual Recording of Meetings where professionals are working with families
Background
This provides guidelines and guidance for professionals where a service user wishes to make an audio/visual recording of a meeting / discussions between families and professionals. It does not apply to making recordings of children or of court proceedings.
Please note: It is contempt of court to record court hearings unless the court has given permission.
Legal Framework
There is no legal reason why a meeting or interactions between a professional and a service user(s) cannot be recorded; however there is a clear statutory law in place that prevents anyone from publishing information identifying a child as being the subject of care proceedings. If a parent were to publish recordings or an account of their case in a way that identifies their child, the Local Authority are able by law to get an injunction to prevent this.
The Data Protection Act 1998 does not prevent parents recording meetings. It was designed to apply to organisations processing data, not individuals, particularly if the data is collected for personal use.
The Professional's rights to privacy will not apply as the professional is attending the meeting in a professional capacity and their own private information will not be discussed.
Principles
Practitioners should always be transparent in their work with families and be accountable for what they have said or written in relation to a case.
If a service user(s) requests to record a meeting or you think that they are recording a meeting covertly you need to:
Please note – if a case is part of court proceedings, it is a matter for the court to decide whether the recording or transcript can be included in evidence.
Where you have concerns or need more advice and guidance speak to your manager or a legal representative.
Guidance for Service Users
Should you wish to record a meeting, it will be your responsibility to: