P, A Patient, v The Northern Health And Social Care Trust & Ors [2024] NIFam 10 (02 July 2024)

P, A Patient, v The Northern Health And Social Care Trust & Ors [2024] NIFam 10 (02 July 2024)

The court held that, at this interim stage, the additional safeguarding and governance measures recently implemented by the defendants constitute less intrusive means than extending CCTV to P's bedroom and bathroom, and are capable of protecting P and providing high quality care while preserving his privacy rights. Therefore, an interim declaratory order to extend CCTV coverage to private areas is refused.

Citation
[2024] NIFam 10
Parties
Applicant: MB; First Defendant: The Northern Health and Social Care Trust; Second Defendant: Gold Health Care; Third Defendant: The Official Solicitor to the Court of Judicature in Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
02 July 2024
Procedural Posture
Application for Interim Declaratory Order / Interim Application; Pre Substantive Hearing
Outcome
Interim declaratory order to extend CCTV to bedroom and bathroom refused; existing order continues with minor amendment.
Legal Topics
Best Interests, Safeguarding, Privacy, CCTV Surveillance, Article 8 ECHR, Proportionality, Care for Vulnerable Adults
Mental Capacity Law Human Rights Law Health and Social Care Law Best Interests Safeguarding Privacy CCTV Surveillance Article 8 ECHR +2 more

Case Brief

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Parties

MB

Applicant

The Northern Health and Social Care Trust

First Defendant

Gold Health Care

Second Defendant

The Official Solicitor to the Court of Judicature in Northern Ireland

Third Defendant

Procedural Posture

Application for Interim Declaratory Order / Interim Application; Pre Substantive Hearing

Legal Issues

  1. 1 Whether CCTV should be installed and operated in P's private bedroom and bathroom areas in a residential care home, in the best interests of P, a profoundly disabled adult lacking capacity.
  2. 2 Whether such surveillance is a necessary and proportionate interference with P's Article 8 ECHR right to privacy.

Ratio Decidendi

The court held that, at this interim stage, the additional safeguarding and governance measures recently implemented by the defendants constitute less intrusive means than extending CCTV to P's bedroom and bathroom, and are capable of protecting P and providing high quality care while preserving his privacy rights. Therefore, an interim declaratory order to extend CCTV coverage to private areas is refused.

Court Disposition

Interim declaratory order to extend CCTV to bedroom and bathroom refused; existing order continues with minor amendment.

Orders

  • Declaratory order of 18 May 2023 remains in force and trial period is extended until review on 23 September 2024.
  • Declaratory order amended to allow the Official Solicitor to request and be provided with CCTV footage of the lounge area for any reason deemed appropriate.