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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a Social Worker and one of my clients wants to record

Resolved Question:

I am a Social Worker and one of my clients wants to record a child investigation interview. I do not consent to this. She has also sent me a "friend request" on Facebook which I consider harassment. Do I have to consent to a voice recording of any interviews with her?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Why does she want to record this?

Customer:

Any interviews I have with her pertaining to a child protection investigation where an allegation has been made against her by a concerned professional that she has harmed her child

Ben Jones :

You do not have to consent to be recorded, unless you wanted to. You cannot be forced to be recorded, although you need to check if you have anything in your contract or a workplace policy to say that this may happen or that you may be expected to consent to this if needed. However, in the absence of anything you can ask not to be recorded and the person should respect that. The issue is that legally they can covertly record you anyway and unless you discussed personal information about you, which you did not consent to, it could be difficult to prevent that or do anything about it because it is not illegal to secretly record someone if you are having a conversation with them. Such evidence can also be admissible in court if needed so it would not be unlawful, but as mentioned if you make it clear that you d not with to be recorded and ask for that to be respected, she should hopefully accept it and not record it in any way

Customer:

Is there not legislation to states that as I am a representative of a government body and thus not a private individual, and carrying out my duties under the law, that it is illegal to be recorded either photographic or audio?

Ben Jones :

No, such legislation does not exist to protect people working for a government body. It does not matter if you work for the Government, it does not mean you cannot be recorded or photographed. There are some limited rules about recordings in court, of military or police personnel or children but not a blanket restriciton for those working in Government employment

Customer:

ok. Thank you.

Ben Jones :

You are welcome

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