recording without consent

[thelegalitiesof]

The situation:

A young adult doesn't understand most jokes. The carer of the young adult has been heavily involved with the young adult for years and will know them well by now. The young adult claims that their carer has been making jokes during their time together knowing that the young adult doesn't understand most jokes and gets them wound up. The young adult is visibly frustrated but the carer continues and doesn't reveal that it's a joke until they are very wound up and visibly angry. The young adults frustration and anger will draw out for some time even at home. The carer lives with them and has been complaining about their anger and frustration because they are coming across as rude. This has happened on two recent occasions back to back, and they have not been spending time together since because the young adult doesn't like them.

The carer denies winding them up but admits that they were making jokes. If the young adult were to spend time with them again would it be unreasonable for the young adult to record for the duration of their time together without the knowledge or consent of the carer incase they wind them up again and then share that without permission as evidence towards becoming emancipated from the carer.

So like a nanny cam type thing?

Have I understood correctly that the carer and the young adult live in the same house? Is the carer a relative (a parent) or paid?

From a moral perspective it sounds like the carer isn't being very 'moral' in their behaviour toward the young adult. On that basis I don't think it would be morally wrong for a vulnerable young person to find a way to prove what sounds like cruel behaviour from their carer.

But I am not sure about whether there are legal restrictions on something like this?

Are you a parent. Is the carer employed directly or with an agency or a family member. Does the young adult have mental,capacity and is able to say they do not want the person involved in their care anymore. What care does the carer do. Can they consent to being recorded, if you feel the adult is at risk of emotional harm then you can raise it as a safeguarding issue with social services and their g.p.

The carer is a step parent of the young adult
And this has been occuring during their time alone

Why does the recording need to be covert?

Blatant recording might stop the Carer from being so bulish in their remarks. Young adult and Carer can then form better relationship with no actual disruption to the care being provided. No?

Is the carer being remunerated for providing care ?

I'd say there's an issue with doing it covertly.
I'd be tempted to be more "overt" - because apart from anything else that might be more likely to stop these "jokes".

If the older adult is a step parent and not a paid ‘carer’ for the younger adult with additional needs, then this is a family problem unless the young adult qualifies for social care support, and expressed concerns about their treatment at home to a social care worker.

It sounds like you feel and think that your step parent is deliberately treating you badly?

If it's just the step parent, and you feel you need evidence of it, then yes I'd record. It's not like they can get you sacked is it.

But if ask yourself why you feel you need the evidence. The young adult has disclosed the situation, do you believe them?

The young adult has capacity and can consent. The carer drives the young adult and cares for them as a parent would ie doing dishes and cooking.

The young adult doesn't want to raise this with social services etc before obtaining evidence as the carer has denied winding them up

The young adult can record whatever they want, covertly or otherwise. The difficulty arises when the young adult wishes to disclose the recordings. Consent to disclose could be overridden if there were safeguarding concerns. But I’m not sure who would make the judgement about disclosure - does the young adult have a social worker? Or advocate?

Has the young adult told the step parent that they do not enjoy being wound up? Or their parent ?

I would worry that saying up front that they will be recording could drive the apparently cruel behaviour underground so it becomes more sneaky. It's a possibility if the step parent is a nasty piece of work and enjoys being unkind.

@GingerAndTheBiscuits

The young adult can record whatever they want, covertly or otherwise. The difficulty arises when the young adult wishes to disclose the recordings. Consent to disclose could be overridden if there were safeguarding concerns. But I’m not sure who would make the judgement about disclosure - does the young adult have a social worker? Or advocate?

Would that count if the young adult is disclosing to a parent?

The carer is recieving carers allowance for caring for the young adult. So they are not with an agency but are still being payed.

I believe the young adult is telling the truth but they will need a recording to prove the carer has been winding them up as the carer has been denying the claim

I honestly don’t know @scaredsadandstuck - I know it’s fine to record, the question of disclosure is a different one altogether. I don’t know if it’s something the ICO could advise on?

Why have you worded this so cautiously? If this is a parent/child situation then say it, it is relevant.

@scaredsadandstuck
That's what I thought. That's why I'm enquiring about recording without consent

The young adult doesn't want to raise this with social services etc before obtaining evidence

Even if they do obtain the evidence, what do they think social services is going to with a report of a parent making jokes that their child doesn't understand?

Is this person 18 or older? If so what are they asking social services for exactly?

the poor carer... absolutely not should a recording be taken what a misuse of trust. change the carer if this the case !

byt what outcome is wanted?

to get the carer removed so they don't get any money from SS?

Surely reporting to a parent would be enough to get the step parent removed from the role/the house.

@burnoutbabe

I am not the parent or the young adult in this situation
The young adult has reached out to me
The young adult is not believed by their parent

So the young adult basically wants their step parent to no longer receive their carer's allowance. Om the basis the young adult is actually living in the step parent's home I assume the young adult is also looking to kive out? Otherwise I don't see what outcome they are expecting.

typos galore^ I assume the young adult is looking to move out?

@SeasonFinale

Yes the young adult is looking to move out.
They will need to apply for assisted living. Priority is given to young adults in certain circumstances so obtaining evidence against the step parent would be a good idea