Document name:
Policy for Photography, Video and Audio
Recording of Service Users and Carers
Document type:
Policy
Staff group to whom it
applies:
All staff within the Trust, including locum
and agency staff.
Distribution:
The whole of the Trust
Locality Management Teams, Line
Managers
How to access:
Intranet
Issue date:
December 2008
Next review:
May 2013
Approved by:
Developed by:
Information Governance TAG
Director leads:
Director of Nursing, Innovation and
Compliance
Contact for advice:
Line Managers, General Manager,
Medical Records, Caldicott Guardian
Page 1 of 24
Contents
1.
Introduction
3
2.
Purpose/Scope of the policy
4
3.
Accepted Use of Recordings
4
4.
Procedure
5
5.
Photography of Non Accidental Injuries
6
6.
Consent
6
7.
Confidentiality and Service User Dignity
8
8.
Copyright
8
9.
Retention and Storage of Images and Audio Materials
8
10.
Standards of Digital Photography/Recording of Service Users
10
11.
Multimedia Messaging Service (MMS) Picture Phones
10
12.
Recordings Done by Service users Themselves
10
13.
Duties
11
14.
Development Process
11
15.
Approval and Ratification Process
12
16.
Process for Review
12
17.
Version Control
12
18.
Dissemination
12
19.
Implementation
12
20.
Document control and archiving
12
21.
Monitoring Compliance
13
22.
Associated Documents
13
APPENDICES
A
Service User Consent Form for Photographic, Video or Audio Recording
14
B
Record of Digital Video, Photographic and Audio File Processing
17
C
Equality Impact Assessment
19
D
Checklist for the Review and Approval of Procedural Document
22
E
Version Control
24
Page 2 of 24
1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
Introduction
This policy covers the taking of, and storage of photographic, video or audio
recordings of service users and their carers as part of the clinical record.
This policy has been developed to ensure that all photographic, video or audio
recordings undertaken by staff conform to current legislation and other Trust
associated policies including:
 Health Record Retention Policy
 Clinical Record Management
 Confidentiality, Data Protection and Information Sharing Policy
 Encryption Policy Freedom of Information Policy
 Information Security Policy
 Information Risk Management Policy
 Mental Capacity Act (2005) Policy
 Network Security Policy
 Safeguarding and promoting the welfare of children policy
It is the responsibility of each member of staff who will be using clinical
photography or recording as part of a patient’s care to be aware of this policy
and to work within its parameters.
Recordings taken using cameras owned by the organisation and which
illustrate a service user’s condition or an aspect of the treatment form a part of
that service user’s medical records. They are therefore entitled to the same
degree of protection and confidentiality as written medical records giving
regard to the principles of the Data Protection Act 1998.
In every case, recordings must only be taken after proper informed consent
has been obtained. (Section 6 and Appendix A for the consent form)
All projects/research involving the recording of patients must be registered
with the Research Manager and the Information Governance Lead.
Copyright of all images and recording produced of NHS service users are the
property of South West Yorkshire Partnership NHS Foundation Trust. They do
not belong to individual clinicians. (Section 8)
Images, recordings, original digital camera files and videotapes must be
logged and stored appropriately. In the case of digital camera images, the
files must not be treated in any way (including cropping, image manipulation
or compression) before storage (Sections 7 and 9).
It is recognised that while digitally originated recordings are intrinsically no
different to traditional recordings, they are easier to copy in electronic form
and are therefore more at risk of both image manipulation and inappropriate
distribution. Particular care must be taken to protect the image and maintain
its integrity. (Section 9)
Staff are reminded of their duty to comply with the requirements of the Data
Protection Act and safeguard the confidentiality of personal information that is
held. Failure can result staff and the organisation being prosecuted under the
Access to Health Records Act 1990.
Page 3 of 24
2.
2.1
2.2
2.3
2.4
2.5
2.6
3.
3.1
Purpose/Scope of the policy
For the purpose of this policy, the term “recording” (or “recordings”) is used to
refer to digital photography and video recording (either conventional or
digital). The recordings may be stored on paper, film, magnetic media (disc or
video tape) or digital media (CD-Rom or DVD).
The use of a mobile phone to capture images is NOT permissible.
Photographic negatives and slide film are also NOT a permissible form of
capturing images due to the confidentiality risks encountered during the
processing and printing process by third parties.
While there are many reasons why visual and audio recording can be
beneficial, the first priority must be to protect the interests and well-being of
individual service users and to keep information about them confidential.
Health Professionals should always ensure that they make clear in advance to
the service user the purpose(s) of the recording. Explicit consent for that
purpose must be obtained from the service user prior to any recording. The
recording must not be used for any other purpose without further consent from
the service user.
The policy does not refer to the taking of images for the purposes of Trust
publicity, the recording of social events or stories conducted by the media.
Consent for these purposes is obtained via the Communications Department.
This policy applies to all employees of the Trust, all Social Services mental
health staff who are seconded to the Trust, contract and agency staff and
other people working on Trust premises.
Accepted Use of Recordings
Recordings may be used for the following purposes:
a) As a permanent part of the clinical record to illustrate a physical or
dynamic anomaly
b) As a permanent part of the clinical record to illustrate a treatment
technique or treatment programme involving physical or psychological
care.
c) Photography of Non Accidental Injuries (NAI) where there is suspected
abuse either by a carer or staff (Section 5)
d) As a permanent part of the clinical record to illustrate interpersonal
interactions.
e) As a temporary record as part of the assessment process to analyse a
movement pattern or interaction in detail, allowing a full permanent written
record to be produced.
f) As a temporary part of the clinical record to allow staff training relating to
the service user.
g) As a temporary part of training or supervision
h) As a part of an agreed research process that has ethical approval from the
relevant Ethics Committee.
i) As illustrations to lecture material.
Page 4 of 24
4.
4.1
Procedure
The procedure to be followed is:
a) There must be a fully justifiable purpose for the recording of a service user
to be carried out.
b) Recording should be approved by the team manager/supervisor or head
of service, appropriate to the purpose of the recording.
c) When making a recording you should seek the service user’s explicit
consent by completing the form (Appendix A) which explains why the
recording is being made and how it will be used.
d) A copy should be made of the consent form and given to the service user
to keep for reference. The original should be filed in the service user’s
medical record.
e) Where disability or illness prevents a service user from giving informed
consent or where the service user lacks capacity, you must ensure you
make a best interest decision on behalf of the person. The making of the
best interest decision must follow the guidance set out within the mental
Capacity Act (2005), code of practice which includes seeking the
agreement from someone who may have lasting power of attorney or
family members and carers close to the service user. You should make a
note in the medical record of the factors taken into account in assessing
the service user’s capacity. (Section 5.4)
f) Where group work is being recorded the consent of all participants must
be obtained.
g) Once consent has been obtained consider whether the service users
should be given a period to reflect and possibly reconsider before
recording actually takes place. Service users must know that they are free
to stop the recording at any time and that they are entitled to view or listen
to it if they wish, before deciding whether to give consent to its use. If the
service user decides that they are not happy for any recording to be used,
it must be destroyed.
h) Recordings made for clinical purposes form part of the medical record.
When considering the disclosure of such recordings normal standards of
confidentiality for medical records apply.
i) Where recording is required as an integral part of a research project, this
must be specifically included in the research protocol and consent must
be considered within the application for ethical approval. In this situation,
the consent to recording may be combined with the consent to take part in
the study.
j) If you have made a recording in the course of treating or assessing a
service user and wish to use if for another purpose, you must obtain the
service user’s explicit consent. You must ensure that the service user
understands what the recording will be used for and who will have access
to it for this new purpose including the fact that it may not be possible to
withdraw it once it is in the public domain.
k) No recording should compromise the service user’s privacy and dignity.
l) Where recording is required as an integral part of a clinical audit project,
consent must be considered within the application for Trust approval. In
this situation, the consent to recording may be combined with the consent
to take part in the project.
Page 5 of 24
5.
5.1
5.2
5.3
5.4
5.5
5.6
Photography of Non Accidental Injuries
A non-accidental injury (NAI) is defined as any abuse purposefully inflicted on
a person; this abuse can be physical, sexual or emotional.
A photographic record can confirm (and hopefully stop) abuse, so
contributing to patient care. It is vital that NAI cases are documented
thoroughly. High quality photographs can be an accurate and reliable source
of evidence. A mobile phone must not be used to record injuries (Section 10)
It is important to document all circumstances relating to photographing such
injuries as well as undertaking the actual photography to ensure the record
can be used as credible evidence.
People over 16 years old can give their own consent. Consent from parents/
guardians/family is not essential in cases of suspected NAI. (Section 6)
Detailed guidelines for taking of NAI photographs can be found at
http://www.imi.org.uk/natguidelines/IMINatGuidelinesNAIMarch2006.pdf
(accessed 17.5.2011). The following principles should be adhered to:
a) Write the names of anyone else who is present at the time of
photography
b) Backgrounds should be plain and unobtrusive providing no distraction
from the area of interest.
c) The first image needs to identify the patient.
d) Take general identifying shots a well as close-ups of the injuries.
e) Use a scale for each individual bruise or mark.
Where a non-accidental injury is suspected a referral must be made
immediately to the local Child Protection service, or where relevant a referral
should be made under the safeguarding of vulnerable adults policy
6.
6.1
Consent
The recording - especially on video - of service users requires particular care
and guidelines for these procedures have been published by the Institute of
Medical Illustrators. (Code of Professional Conduct, 2008. Copies are
available on the IMI website www.imi.org.uk).
6.2
Informed Consent.
a) Where a person is capable of consenting, consent must be obtained from
the person(s) who are to be recorded, before the recording is made. It
must be obtained for all persons involved in the recording unless they
work for South West Yorkshire Partnership NHS Foundation Trust, or
work for another agency but work as part of a South West Yorkshire NHS
Trust team and their involvement is part of their work role.
b) The information given when obtaining consent must include the reason for
the recording, how the recording is to be made, the use that the recording
will be put to, its storage and retention, and how and when the recording
will be destroyed if it is temporary. This information must be provided in
written form (Appendix A) and explained to the person, with a signed copy
being placed in the clinical record. At all times, the service user should be
invited to ask any questions.
c) It should always be made clear to service users that refusal to give
consent for education, research and publication/open release purposes
will not affect the treatment they receive.
Page 6 of 24
6.3
Service users temporarily unable to give consent
a) The situation may sometimes arise where you wish to undertake
photography but the service user is temporarily unable to give or withhold
consent because, for example, they are unconscious. In such cases, it is
good practice to follow the principles laid down in the Mental Capacity Act
Code of Practice 2005. This includes the seeking agreement with the
person who has power of attorney or the making of a best interest
decision. You may make a recording, but must seek consent as soon as
the service user regains capacity. You must not use the recording until you
have received consent for its use, and if the service user does not consent
to any form of use, the recording must be destroyed.
6.4
Service users permanently unable to give consent
a) Certain categories of service users may be defined as not in a position to
make judgments and/ or consent on their own behalf regarding medical
treatment or procedures. In England, Wales and Northern Ireland, no one
can legally give consent by proxy if a service user over 18 years lacks
mental capacity. Consent to care and treatment can be given on behalf of
the person by an individual who is registered as the person’s attorney,
within the meaning of the mental capacity act. Also care and treatment
may be given in the best interests of the service user, provided that a
formal best interest decision has been made which includes the
consultation of those identified within the mental capacity act code of
practice, which includes family and carers, and other relevant
professionals.
b) You must not make any use of the recording which might be against the
interests of the service user. You should also not make, or use, any such
recording if the purpose of the recording could equally well be met by
recording service users who are able to give or withhold consent.
6.5
Withdrawal of Consent
a) Service users have the right to withdraw consent for use of their
recordings at any time. If a service user decides to withdraw consent, the
records must not be used (and, if made in the context of teaching or
publication, destroyed).
b) If a patient dies before a retrospective consent can be obtained, material
by which the patient is identifiable can only be released with the consent of
the deceased person’s representatives.
6.6
Children’s consent
a) There are some exceptions to normal consent procedures involving
children. In England & Wales a person who has attained the age of 16
years has the legal capacity to consent to treatment (Family Law Reform
Act 1969). For children and young people less than 16 years old, the
usual practice is to obtain consent from the adult with parental
responsibility (usually the mother).
b) The child may decide, after consent has been obtained, and prior to or
during the photography session, that he or she does not want to be
photographed even if the person with parental responsibility consents. In
this situation, the recordings must not be used.
Page 7 of 24
c) NAI cases involving a minor may be photographed without consent where
it is unlikely that the parent or guardian will give consent and the recording
of injuries is demonstrably to the patient’s benefit of care.
d) Where a clinician suspects there are concerns related to Child Protection,
guidance is available in the Safeguarding and Promoting the Welfare of
Children Policy via http://nww.swyt.nhs.uk/Policies/documents/778.doc as
it is not deemed appropriate for clinicians to be taking recordings for
suspected Child Protection concerns. Recordings taken in these cases
may be required as evidence in criminal or public proceedings.
7.
7.1
7.2
7.3
7.4
7.5
8.
8.1
8.2
8.3
9.
9.1
9.2
9.3
Confidentiality and Service user Dignity
Images form part of the service user’s records and so come under the normal
rules of confidentiality and the relevant parts of the Data Protection Act 1998.
Photographs that can identify a service user should only be used if absolutely
necessary.
The use of black bands across the eyes in facial views is regarded as an
insufficient means to conceal identity. Other clues to the service user's identity
(e.g. dates, tattoos, posture, distinguishing features etc) should be removed
from images where they are not necessary. During video/audio recordings,
the name of the service user should not be used.
Misuse of a photographic image may be considered a breach of
confidentiality.
Failure to comply with current UK legislation with regard to data protection is
an offence and is punishable by law.
All parties undertaking service user photography shall respect the dignity,
religion, cultural and individual sensibilities of the service user. They shall be
aware of and act appropriately upon the need for chaperones.
Copyright
Copyright of all images produced remain with South West Yorkshire
Partnership NHS Foundation Trust.
All parties undertaking photography on Trust premises in Trust-employed time
should be aware that, since the Copyright, Designs and Patents Act of 1988,
full copyright and reproduction rights have been assigned to the Trust, based
on the level of consent obtained from the service user.
To protect service user interests in any contract for publication the copyright
of the recording must remain with the organisation and not pass to the
publisher.
Retention and Storage of Images and Audio Materials
All photographs, videos or digital images should be kept for the same period
of time as health records generally 20 years after the last entry in the record
or 8 years after the patient’s death if patient died while in the care of the
organisation (see NHS Record Management Code of Practice Annex D).
To ensure an effective audit trail, all photographs must be stored on Trust
premises or computer systems using the service user’s RiO number (see
Appendix B).
When possible the image should be stored in an uncompressed file format (.tif
for pictures, .wav for sound and the original file type for video)
Page 8 of 24
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
9.12
9.13
9.14
9.15
If recorded on a temporary storage media, images must be transferred to a
permanent storage media as soon as possible and deleted from the
temporary storage medium. Temporary storage media are considered to be
any media or device that will not be the permanent storage medium for the
image.
In addition: Any temporary storage media should be stored in a secure
location when not in use. Do not leave media unattended where there is
potential for 3rd party access or theft from a vehicle, home or office.
Hard disc drives and Network drives should not be considered as a
permanent storage media. Images or recordings transferred temporarily to
these drives, either as part of the storage process or the editing process, must
be transferred to a permanent storage media as soon as possible and the
temporary recording deleted from the disc, and the computers Recycle Bin
emptied.
Any computer used to copy or temporarily store digital media of this
type should have McAfee SafeBoot encryption installed.
Depending on the medium, recordings should be kept where possible with the
service users medical records. For example photographs taken for the
assessment or treatment should be filed within the service user’s medical
record in the secure pouch designed for this purpose.
Permanent storage should be on a non-erasable media disc (CD-R, DVD-R)
or on a Trust approved encrypted memory stick – available from the
procurement team. The CD/DVD should be labelled with the RiO number and
stored with the paper record in a fire-proof media safe cabinet.
Destruction of images should take place by deleting files on magnetic or solid
state discs (computer discs, memory sticks or memory cards), overwriting
material on video or audio tape and by destroying paper, CD’s and DVD’s in
line with the Trusts policy on the disposal of confidential waste.
All recordings of patients must be stored on organisation premises.
Information Security is paramount. Digital images must never be stored on a
standalone desktop computer where it is only possible to store data locally.
Images may be stored temporarily on SWYFT digital cameras as an
exception to normal policy before being uploaded to a secure area of the
network. Ideally all digital images should be uploaded immediately where
possible and deleted from the camera to prevent any loss of personal data
and security incidents. This process only applies to digital camera images and
not to video or any other recording.
Once the data has been transferred, all traces of the data should be
immediately removed from the removable storage device.
Personally owned digital cameras or any other storage devices (USB or data
sticks), must never be used to store images or recordings.
Staff are to ensure the digital camera is stored securely when taken away
from SWYFT premises or locked away appropriately and to remain vigilant at
all times regarding the security and handling of the equipment.
Page 9 of 24
10.
Standards of Digital Photography/Recording of Service Users
10.1 Where digital photography is to be used to record images of service users,
due care must be given before the start to ensure that the quality of the image
is adequate for purpose.
10.2 In order to maintain the integrity of the image no manipulation of the image
must take place.
10.3 All recordings for projects/research must be discussed with SWYFT Research
and Information Governance Lead.
10.4 On some occasions service users or guardians may request a copy of a
recording that has been made. In these cases the individual should be
directed to make their request using the Access to Health Records Policy.
11.
Multimedia Messaging Service (MMS) Picture Phones
11.1 There increasing availability of MMS phones with both still and video image
capability. This equipment should not be used within the clinical environment
due to the risks of:
a) Interception when sending to an e-mail address via the internet.
b) User typing the wrong number when sending to another phone.
c) Phone operators sending messages over an insecure link.
d) The phone being lost or stolen with images remaining in the memory.
12.
Recordings Done by Service users Themselves
12.1 Occasions may arise when the service user themselves wishes to record a
consultation or conversation with a health professional.
12.2 There should be no restrictions on the service user doing this provided that:
a) The recording is done openly and honestly
b) The recording process itself does not interfere with the consultation and
c) The provision to the service user of such a record will not adversely affect
their treatment.
d) The member of staff concerned is in agreement with the record being
made and if necessary has discussed it with their manager.
12.3 A note should be made in the service user’s health record that a particular
consultation or conversation was recorded.
12.4 The service user should be reminded of the confidential nature of the
recording and the need to ensure that it is their responsibility to keep it
secure.
Page 10 of 24
13.
Duties
The following duties apply to this policy:
13.1
The Executive Management Team (EMT)
The executive management team is responsible for approving this policy, and
ensuring it is reviewed and monitored.
13.2 Business Delivery Units (BDU’s)
BDU’s will ensure the implementation by ensuring that all staff who use
Photography, Video and Audio Recording of Service Users and Carers are
aware of the policy. Any implementation issues will be discussed within the
BDU.
13.3 Staff
All staff who may make recording for clinical records need to be aware of and
comply with this policy.
13.4 Information Governance Trust-wide Action group (IG TAG)
The IG TAG is responsible for monitoring and reviewing the policy by
delegated responsibility of the lead director. The TAG will also:
a) Ensure that the principles in this policy are complied with when
applications and systems are under development or enhancement.
b) Review this policy
c) Communicate the policy requirements across the Trust
14. Development Process
14.1 Prioritisation of work
a) This document has been developed so that all employees are aware of
the requirements within the organisation regarding the taking of, and
storage of photographic, video or audio recordings of service users and
their carers as part of the clinical record.
14.2 Approval of policy
a) The director lead for this policy is the Director of Nursing, Compliance and
Innovation; the responsibility for the development has been delegated to
the Portfolio Manager for Information Governance and Health Records.
b) The Executive Management Team is responsible for the final approval of
this policy
14.3 Identification of Stakeholders
Stakeholder
Executive Management Team
Extended Executive
Management Team
Service Delivery Groups
Level of involvement
Consultation, final approval
Allocated lead, development, consultation,
receipt, circulation
Dissemination, implementation, monitoring
Specialist Advisors
Professional Groups
/Leadership
Information Governance TAG
Development
Dissemination
Allocated lead, development, consultation,
dissemination, monitoring
Page 11 of 24
14.4
Equality Impact Assessment
See Appendix C
15.
Approval and Ratification Process
See Appendix D
16.
Process for Review
The policy will be reviewed every 2 years. The next review date will be May
2013. See Appendix D
17.
Version Control
See Appendix E
18.
Dissemination
This policy once approved will be notified to staff via the Team brief and will
be placed on the Trust intranet. BDU’s will be responsible for more detailed
briefings to appropriate staff.
19.
19.1
Implementation
The most up-to-date version of this policy will be available on the Trust
intranet.
19.2 Each BDU will highlight clinicians who this policy will impact on.
19.3 Each BDU will look at any implementation or risks from implementation and
discuss these with the Information Governance TAG.
19.4 The Information Governance TAG will act on issues raised by BDU.
20.
20.1
20.2
20.3
20.4
20.5
Document control and archiving
Will be available on the intranet in read only format.
A central electronic read only version will be kept by the Integrated
Governance Manager in a designated shared folder to which all Executive
Management Team members and their administrative staff have access.
A central paper copy will be retained in the corporate library
This policy will be retained in accordance with requirements for retention of
non- clinical records.
Historic policies and procedures
a) A central electronic read only version will be kept in a designated shared
folder to which all Executive Management Team members and their
administrative staff have access.
b) A central paper copy will be retained in the corporate library, clearly
marked with the version number and date on which it was approved and
date and title of the policy by which it was replaced.
Page 12 of 24
21.
21.1
21.2
Monitoring Compliance
The Information governance TAG will support the lead Director in managing
the risks associated with clinical records.
The information governance TAG will approve the monitoring process and
review the evidence.
Standard
1. This document is reviewed and updated
in accordance with Trust policy.
2. Relevant staff will be made aware of the
policy
21.
Monitoring process - evidence:
 The document on the intranet is up-to-date



Document is on the intranet
Reference in team brief
Record of meetings where implementation
discussed
Associated documents
This document should be read in conjunction with:















Institute of Medical illustrators Consent to Photography [online]
http://www.imi.org.uk/natguidelines/IMINatGuidelinesConsentMarch2006.p
df (accessed 17.5.2011)
General Medical Council Guide ‘Making and using visual and audio
recordings of patients’ [online] http://www.gmcuk.org/static/documents/content/Making_and_using_visual_and_audio_rec
ordings_of_patients_2011.pdf (accessed 17/5/11)
Data Protection Act 1988 95/46/EC
Children Act 2004
Mental Health Act 1983
Obscene Publications Act 1956 and 1964
Copyright Designs & Patents Act 1988
NHLSA Risk Management Standard for Mental Health and Learning
Disability
Human Rights Act 1998
Records Management NHS Code of Practice Part 2 2nd Edition
Clinical Record Management Policy
http://nww.swyt.nhs.uk/Policies/documents/774.doc
Confidentiality, Data Protection and Information Sharing Policy
http://nww.swyt.nhs.uk/Policies/Docstore/details.aspx?docid=804
Information Security Policy
http://nww.swyt.nhs.uk/Policies/documents/318.doc
Mental Capacity Act (2005) Policy
http://nww.swyt.nhs.uk/Policies/documents/807.pdf
Safeguarding and promoting the welfare of children policy
http://nww.swyt.nhs.uk/Policies/documents/778.doc
Page 13 of 24
Appendix A
SERVICE USER CONSENT FORM FOR AUDIO OR VISUAL RECORDING
There are many reasons why photographic, video or audio recording a particular
condition, consultation or procedure is beneficial:

To have a record of how a condition changes

To assist in treatment

To help train staff

To help supervise the staff who are treating you

To inform people about treatments available and what they involve
We must however, ensure the interests and well-being of our service users are
paramount and we have a duty to keep information about service users confidential.
Before any recording or photography takes place someone will explain to you the
purpose of why this is being done and what the recording or photography will be
used for. You will then be asked to sign to confirm your agreement.
After signing the consent you will have the right to:

Have any recording stopped if you request it or if it is having an adverse effect
on the consultation.

See the video recording in the form which it is intended to be shown.

Vary or withdraw consent at that stage – if you withdraw consent the film,
audio recording or photographic image will be destroyed as soon as possible.

Agree to any proposed changes in the use of the recorded material.
If you withhold or withdraw your consent this will not in any way affect your treatment
or your relationship with the clinicians treating you.
Where someone is unable to give consent, a person with parental responsibility may
consent on their behalf.
All recordings will be stored securely in the same manner as a medical record.
You may withdraw your consent to the use of recording at any time, however, if
published withdrawal of consent may not be possible. No fees are paid for
publication.
You may ask for a relative, friend or nurse to be present during the recording.
Page 14 of 24
CONSENT FOR CLINICAL PHOTOGRAPHIC, VIDEO OR AUDIO RECORDING
1
The Service User
Name: ………………………………….
Date of Birth: …………………………
2
NHS No: ……………………………………….
Agreement to record
I agree to allow the taking of photographs / video recording / audio recording of me
on (date:)…………………………………………………………
3
Recording as part of the clinical record
I understand that these recordings are part of my care plan. I have been given a copy
of the care plan and it has been agreed by me.
The recording will form part of my clinical record and will only be used in planning,
delivering or reviewing my care. Once it is part of the clinical record I cannot ask for it
to be removed.
Signed: …………………………………....
4
Date: ……………………………………
Recording of a group as part if the clinical record
I understand that these recordings are part of my care plan. I have been given a
copy of the care plan and it has been agreed by me.
The recording will form part of my clinical record and will only be used in planning,
delivering or reviewing my care. Once it is part of the clinical record I cannot ask for it
to be removed.
I am aware that copies of the recording will also form part of the clinical record of
other people who participate in the group. I have been made aware that I will not be
able to access this part of my clinical record because it will also contain images of the
rest of the group.
Signed: …………………………………....
Date: ……………………………………
Page 15 of 24
5
Recording for training purposes
I understand that these recordings will be used in the training of clinical and other
care staff:
*
specifically related to my care and treatment
*
as part of a wider training programme.
( * delete as applicable)
I have been given written details about how these recordings will be used, where
they will be kept and how long they will be kept for.
I understand that my consent can be withdrawn at any time.
Signed: …………………………………....
5
Date: ……………………………………
Recording as part of a research/audit project
I understand that these recordings will be used as part of a research project. I have
received specific written information relating to what will happen to these recordings
from the researcher.
Signed: …………………………………....
6
Date: ……………………………………
Statement of Trust practice
South West Yorkshire Partnership NHS Foundation Trust will use the recordings only
in accordance with the above consent. It will ensure that recordings are made,
stored and destroyed in line with Trust Policy and best practice.
7
Staff member signature
This consent process was explained to:
(service user)…….…………………………….
by (staff member)
Signed: …………………………
Date: ……………………………………
Name: …………………………
Position:…………………………………
Page 16 of 24
Appendix B
South West Yorkshire Partnership NHS Foundation Trust
RECORD OF DIGITAL VIDEO, PHOTOGRAPHIC AND AUDIO FILE PROCESSING
Service User Name: ………………………………………..
Date
Image File
Name
Image
Type
Source
DoB: ……………
Action
New Files
Produced
RiO: ………………………
Location
3rd
party
images
Page 17 of 24
Signed
GUIDANCE
Date:
Date the file management activity occurs.
Image File Name:
Name of the source file being used. The source file must not be erased.
Image Type:
Video, picture or audio.
Source:
Where the image file being used as the source is stored.
Action:
What has been done to the file:

Copied

Edited (must be saved as a new file)

Printed

Used as a source for images for reports, presentations, etc (give full details)
New Files Produced:
The names any new files produced during the session are stored under.
Location:
Where the new files have been stored.
3rd Party Image
Contains images of other service users
Signed:
Signature of responsible clinician.
Page 18 of 24
Appendix C
Equality Impact Assessment Template for policies,
procedures and strategies
Date of Assessment: 17/05/11
Equality Impact Assessment
Questions:
Evidence based Answers & Actions:
1
Name of the policy that you are
Equality Impact Assessing
Policy for Photography, Video and Audio
Recording of Service Users and Carers
2
Describe the overall aim of your
policy and context?
The policy has been developed to ensure that all
photographic, video or audio recordings
undertaken by staff conform to current legislation
and other Trust associated policies
Who will benefit from this
policy?
All staff within the Trust, including locum and
agency staff.
3
Who is the overall lead for this
assessment?
Mike Garnham, Senior Clinical Practitioner
South West Yorkshire Partnership NHS
Foundation Trust
4
Who else was involved in
conducting this assessment?
5
Have you involved and
consulted service users,
carers, and staff in developing
this policy?
What did you find out and how
have you used this
information?
6
What equality data have you
used to inform this equality
impact assessment?
7
What does this data say?
The policy has been developed in consultation
with staff. There has been no service user or
carer involvement
A number of changes were made from the
previous version to ensure it reflected changes in
mental capacity act, consent and power of
attorney
N/A
Page 19 of 24
8
Taking
into
account
the Where Negative impact
has been identified
information gathered above.
Evidence based
Answers & Actions
please explain what
action you will take to
remove or mitigate this
impact.
Does this policy affect any of
the following equality groups
unfavourably:
If no action is to be taken
please explain your
reasoning.
9a
Race
NO
9b
Disability
NO
9c
Gender
NO
9d
Age
NO
9e
Sexual Orientation
NO
9f
Religion or Belief
NO
9g
Transgender
NO
9h
Carers
NO
10
What monitoring arrangements
are you implementing or
already have in place to ensure
that this policy:
 promotes equality of
opportunity who share
the above protected
characteristics
 eliminates
discrimination,
harassment and bullying
for people who share the
above protected
characteristics
 promotes good relations
between different
equality groups,
11
N/A
The policy clearly outlines procedures staff must
take in the event that they are photographing or
recording and individual to ensure protection of
rights and prevent any risk of discrimination or
harassment.
N/A
Have you developed an Action
Plan arising from this
assessment?
NO
Who will approve this
assessment?
Sign:
Page 20 of 24
12
Once approved, please forward
a copy of this assessment to
the Equality & Inclusion Team:
inclusion@swyt.nhs.uk
Page 21 of 24
Appendix D
Checklist for the Review and Approval of Procedural Document
Yes/No/
Unsure
Title of document being reviewed:
1.
2.
Title
Is the title clear and unambiguous?
YES
Is it clear whether the document is a guideline,
policy, protocol or standard?
YES
Rationale
Are reasons for development of the document
stated?
3.
4.
5.
6.
Development Process
Is the method described in brief?
YES
Are people involved in the development
identified?
YES
Do you feel a reasonable attempt has been
made to ensure relevant expertise has been
used?
YES
Is there evidence of consultation with
stakeholders and users?
YES
Content
Is the objective of the document clear?
YES
Is the target population clear and
unambiguous?
YES
Are the intended outcomes described?
YES
Are the statements clear and unambiguous?
YES
Evidence Base
Is the type of evidence to support the
document identified explicitly?
YES
Are key references cited?
YES
Are the references cited in full?
YES
Are supporting documents referenced?
YES
Approval
Does the document identify which
committee/group will approve it?
YES
If appropriate have the joint Human
Resources/staff side committee (or equivalent)
approved the document?
7.
YES
Dissemination and Implementation
Page 22 of 24
Comments
Yes/No/
Unsure
Title of document being reviewed:
8.
9.
10.
11.
Is there an outline/plan to identify how this will
be done?
YES
Does the plan include the necessary
training/support to ensure compliance?
YES
Document Control
Does the document identify where it will be
held?
YES
Have archiving arrangements for superseded
documents been addressed?
YES
Process to Monitor Compliance and
Effectiveness
Are there measurable standards or KPIs to
support the monitoring of compliance with and
effectiveness of the document?
YES
Is there a plan to review or audit compliance
with the document?
YES
Review Date
Is the review date identified?
YES
Is the frequency of review identified? If so is it
acceptable?
YES
Overall Responsibility for the Document
Is it clear who will be responsible
implementation and review of the document?
Page 23 of 24
YES
Comments
Appendix E
Version Control
Version
Date
Author
Status
Comment / changes
1.0
18/01/09
M Garnham
Draft
First revision of policy sent for individual
comment
1.1
12/03/09
M Garnham
Draft
Copy to IGCD TAG for comment
1.2
15/04/09
M Garnham
Draft
Resubmit to IGCD TAG for comment with
feedback incorporated from previous TAG
1.3
8/07/09
M Garnham
Draft
Feedback from IGCD incorporated. Section 5
(photography of NAI) added
1.4
8/08/09
M Garnham
Final
Revision of Duties and Development Process
sections
1.5
21/01/11
M Garnham
Review
Incorporated feedback from IG TAG
1.6
22/01/11
M Garnham
1.7
18/03/11
M Garnham
Review
Changes to wording relating to Mental
Capacity and Power of Attorney
2.0
17/05/11
M Garnham
Final
Updated equality review, additional associated
document to include GMC guide published
04/11, contents page updated.
Additions to incorporate reconfiguring
community services
Page 24 of 24