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?

I’d argue that people feeling a need for it indicates the trust is already destroyed….

Maybe body cams would go somewhat towards repairing that trust?

This is fucking terrible advice

I think a lot of the time they probably wouldn't be that helpful.
Partly because anything with dc in it a lot of social work, would be unrecordable due to consent and privacy.
Then just the costs and logistics of the systems. I was SW when there was more funding and even then roofs leaked and computers were ancient.
Where is money for the tech, training and storage coming from?
The key important meetings already have professional minute takers in them and there wasn't much agreement about those meetings either.

Are you the poster with the 16 year old son that is causing absolute chaos?

It’s not so much siding with OP, just recognising the fact that OP has a recording, and the social worker has only her recollection…

Do you disagree with police body cams?

The "trick" is to not reveal the recording immediately.

Just point out anything they said that they "missed" and anything you said that they "missed". Also anything they claim they said they didn't, and likewise for yourself.

If they insist, offer to provide a transcript for verification.

If they still insist, then note you have a corroboration for the transcript (see ya in court).

Never ever be surprised by what official bodies can get up to if they think you can't prove it.

Interestingly in consumer proceedings, if an customer makes a claim about a conversation with an organisation, then unless the organisation can rebut that (i.e. with a call recording) the customers version will be the one that is believed. So when they say calls "may" be recorded, you can pretty much guarantee they are.

Audio recordings are less problematic than video ones, since they don't immediately identify the subject.

I have had customers say they were going to record me in the past, I told them I was not giving permission and was terminating the interview. Why you ask? The answer is because it was not recorded under PACE rules and I had no idea if the interview might be manipulated/edited , in other words it was not a true record.

Do not delete. Social workers, police, health professionals etc cannot decline consent for footage or photography during working.

They represent an organisation and it's not a person that is being filmed.

You may not be able to use the footage in court (can't be played) but you can easily speak to a solicitor to discuss using phrases and comments said in the footage when making the complaint.

Do you disagree with police body cams?

I would note that I've never known trust in the police be lower so I'm not sure that they actually help that much.

I suspect that sympathy for social workers would actually increase if people could see what their daily jobs looked like.

But it would be more like health visitors having body cameras and honestly I can't see Mumsnet wanting that in their own houses. It isn't great for building relationships and maintaining confidentiality for dc.

I had an idea that the meeting was be used for nefarious purposes

Nefarious purposes like what, exactly? The nefarious purpose of trying to make sure your child isn't at risk?

So many people on this thread just immediately just taking the OP's word at face value here and assuming she's the victim of some kind of social services witch hunt. No doubt the very same people start wringing their hands and asking 'Why didn't social services do anything?' whenever a child neglect case ends in tragedy or an out-of-control teenager commits a terrible crime.

It really is incredible that so many posters on here seem to think that 'People whose kids are at risk' and 'Mumsnet users' cannot possibly be groups that overlap.

I have had customers say they were going to record me in the past, I told them I was not giving permission and was terminating the interview.

Call me and you are recorded. Endof.

But the OP may have a doctored recording. How would the social worker prove that the recording had been edited?

@PicturesOfDogs

I disagree with secretly filming anyone. Police body cams are not secret and are worn by authority figures to protect everyone involved. So nothing like this case where OP would only admit to filming if she thought it could help her or if she manipulated the SW into a making what she thought was a mistake.

It’s not child protection, it’s adult learning disability social care. DS is a young adult with an EHCP which means the council have to provide him with education to age 25 and I have been fighting for two years for an education placement which meets his needs after multiple education breakdowns.

Basically council are trying to force DS into an unsuitable SEN college 1 hour away because they don’t want to fund an out of area residential one and there’s nothing else available locally.

Social worker is also trying to get him to agree to going into supported living as it works out cheaper than a residential college. They are trying to build a case that I am not acting in his best interests and that was borne out by his SW saying he was coming to discuss my concerns about safeguarding due to the council trying to force him to do something he doesn’t want to do but blatantly trying to get DS to say he wanted to go to this unsuitable college and that he doesn’t want to live at home. DS was clear on his wishes which were the opposite (he has capacity) but they do like to twist things and have said previously that I am not advocating his wishes.

Do not delete. Social workers, police, health professionals etc cannot decline consent for footage or photography during working

Of course they can. Certainly social workers are advised to do so.
The recordings aren't secure, can easily be manipulated and do not form part of any job description.
There is no guarantee of confidentiality for the dc involved.

Reading too much "Rumpole" ?

For the purpose of this thread it doesn't matter why social services are involved with OP. If she is in the wrong, and her complaint isn't genuine, all the recording will do is back up what the social worker is saying. There is no way that a recording of what was actually said, can get the social worker in trouble, unless they have said or done something they shouldn't

My understanding is that without their consent, it can't be used in a court case. It can be used though in a civil court. Don't delete the recording, and contact a solicitor if you want to progress the issue.

Similar here, I'd have been aghast until recently, when my friends were lied to, misled and gaslit by social and other professionals repeatedly, leading to v serious issues for their family

One might be tempted to respond;

"Can I ask you to confirm in writing you are asking me to delete footage of your employee who is engaging in unethical behaviour rather than addressing the complaint with regards to that, and that you would like me to destroy the evidence of that unethical behaviour?"

a criminal court case

Yes I would. If I’m not doing anything wrong, behave in a professional manner , why would I object to being filmed or voice recorded?

We record our HA because they lie and gaslight so much. You want trust? You have to earn it.

And, in answer to the OP...far from deleting it, I'd be backing it up in five different places and giving copies to family members to keep at their houses, just in case.

Absolutely do not delete it, and do not lose it.