Use of Recordings

Secret recordings, also known as covert records are not illegal; however, the use of such a recording must be approached with caution.

Following the 2018 Transparency Project issuing guidance called “Parents Recording Social Workers” it is understood that a court is unlikely to provide permission unless it is evident that the recording is both relevant and reliable. It is the court discretion whether or not the recording is admissible, therefore it is possible that a covert recording can be admissible as evidence, with a Judge’s permission.

In the case of M v F (Covert Recording of Children) Judge Jackson proposed that a court will take an extremely dim view of a party who covertly records a child for the purposes of gathering evidence. It was concluded that a covert recording of a child will almost always be wrong.

Each recording should be judged on a case by case basis. It’s important to understand that if you are seeking to rely on a recording, permission must be obtained by the court. Before submitting any request for permission, carefully counterbalance the advantages and disadvantages of the court hearing/ seeing the recording. The court will need to understand when, where and how the recording was made, the circumstances of the recording, be provided with the entire recording and a transcript.

If you have any uncertainty surrounding covert recordings and the use of recordings please do not hesitate to contact Stone King LLP on 01225 337 599.