To record someone in my home without their consent?

[RunningInChaoticCircles]

This is DS’s social worker who came to my home for a meeting. I had an idea that the meeting was be used for nefarious purposes and I was right.

Got it all on video and put in a complaint as have evidence of what was said and was able to go it for exact words. Told them I recorded it.

Council have said I must delete the recording immediately as social worker did not consent.

I checked and from what I read it is not illegal to record someone in YOUR home without their consent (I certainly wouldn’t do it to anyone else apart from council employees!) and keep it for your own use.

Who’s right and WIBU?

Maybe ask in legal? Lots of traffic here but not always accurate.

Not sure what the law is but I would 100% have done the same in your position.

What are the nefarious purposes?

What do you mean by nefarious purposes?

If you’re using it as evidence to report someone or something then it’s no longer being used for your own use

I wouldn’t delete it though

Well done.

Don't delete it.

Make copies.

Let them take you to court.

Using it for a complaint with an external body isn’t “your own use”.

childprotectionresource.online/recording-interactions-between-social-worker-and-parents/

What happened on the recording?

Thank you. I thought there might be more traffic on this board and someone might have knowledge or experience!

I understand it can be used for legal purposes if a court says it’s admissible but otherwise it’s not illegal.

No wonder we are leaving the profession in our droves.
Would others be happy to be recorded in their daily job without their consent? (And abused, threatened, attacked etc).
And people agreeing without any details or knowledge of the case - pitchforks at the ready.

https://www.familylaw.co.uk/docs/pdf-files/TransparencyProjecttParentsrecordinggmeetingswithhsocialworkers.pdf

A while back someone in our village was recording in his own home. Police called, videos checked , one caused him a major issue as 'child' based. but actually the recording in your home definitely was not illegal ( this was many yrs ago)

You were not unreasonable. It's not illegal to record someone in your own home without their knowledge, providing its in communal areas and not, for example, bathrooms or bedrooms.

You can't publish it without the consent of the third party, but it could possibly be used as evidence in a court case if the court accepted it. Definitely don't delete it, but keep it private,.

You mean like the CCTV that's present in just about every business in the country? Just about everybody who works in an office is recorded in their job every day.

And yes, audio is legal to capture as well as video.

@MaryShelley1818 I'm a teacher and until recently I'd have backed the SS to the hilt. Then I was reported maliciously. Then everything I said was reported through the lens of the SW 'feeling.' I've experienced astonishing bigotry, prejudice and discrimination. We won a legal battle this time, but I'd it happened again I'd record. You did the right thing OP. Trust no one!

I'm no lawyer, but...the social worker doesn't need to have given consent for you to have recorded the conversation.

You had a legitimate reason to record them, and it would be unreasonable for them to have an expectation of privacy in someone else's home.

You may find this Link informative.

We need more info...

No you don't need to get permission. They are on your private property.

I'd ask them to quote exactly which law they think you have broken.

Totally happy to be recorded in my job (I am) and I do something a lot less consequential than social workers.

Would others be happy to be recorded in their daily job without their consent?

Yeah, because I'm not doing anything untoward and a recording would protect me against any accusations of such.

If you do nothing wrong, then surely you have nothing to hide. If you are acting within all your own professional guidelines then actually having yourself recorded could benefit you, should anything come from a visit. There would be no disputing your conduct at all.

I am actually surprised that SS don't insist on wearable cameras during home visits - then nothing is open to interpretation.

You don't need permission but you can't use the recording for anything in the social work system.

All it does is destroy trust and antagonize others so I don't see the point of it?

It’s the same argument about police body cams, isn’t it?

I agree it’s helpful to have things recorded, as it protects everyone involved, and things can’t be twisted or misinterpreted by any party.

Im sure there are good social workers as there are bad, but social work/family courts etc seems too shrouded in secrecy imo. I understand due to the nature of it, protecting privacy of the vulnerable etc, but people should also be able to protect themselves.

Of course you can record someone without their consent

Or did Roger Cook say "Hey Mr Drug Dealer Can i film you please.

And i dont think Dispatches and Panorama ask permission before covert filming Honestly these organisations really think we are stupid.