Skip to main content
Log in

Covert Video Surveillance of Parents Suspected of Child Abuse: The British Experience and Alternative Approaches

  • Published:
Theoretical Medicine and Bioethics Aims and scope Submit manuscript

Abstract

One million cases of child maltreatment and twelve hundred child deaths due to abuse and neglect occur per year. But since many cases of abuse and neglect remain either unreported or unsubstantiated due to insufficient evidence, the number of children who are abused, neglected, and killed at the hands of family caregivers is probably higher. One approach to combat child abuse in the U.K. has been the employment of hospital-based covert video surveillance (CVS) to monitor parents suspected of Munchausen Syndrome by Proxy (MSBP). The use of CVS, however, raises concerns about voluntary informed consent, research on human subjects, privacy, and the appropriateness of healthcare providers to conduct CVS. More broadly, the use of CVS raises concerns about the ethical life of healthcare institutions and their moral obligations to the families and communities they serve. The U.K. protocol for CVS is examined in light of these concerns. Three alternative CVS protocols and two procedures for selecting a protocol are then proposed for use in the U.S. The paper concludes that any CVS protocol selected for use by hospitals ought to be selected by means of open and democratic processes that permit community input and, subsequently, the possibility of a consensus on the moral status and scope of CVS.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Similar content being viewed by others

REFERENCES

  • American Psychiatric Association. “Factitious Disorder by Proxy.” In Diagnostic and Statistical Manual of Mental Disorders, 4th edition. 781–783. Washington, DC: American Psychiatric Association, 2000.

    Google Scholar 

  • Bennett, K. “Munchausen Syndrome by Proxy Abuse.” Journal of Child Health Care 4, no. 4 (2002): 163–166.

    Google Scholar 

  • Buchanan v. State, 437 So. 2d 147 (Fla. Dist. Ct. Appl. 1983).

  • Connelly, R. “Ethical Issues in the Use of Covert Video Surveillance in the Diagnosis of Munchausen Syndrome by Proxy: The Atlanta Study – an Ethical Challenge for Medicine.” HEC Forum 15, no. 1 (2003): 21–41.

    Google Scholar 

  • Driscoll, M. “The Child Abuse Myths Unravel.” London Times, 2002.

  • Epstein, M. et al. “Munchausen Syndrome by Proxy: Considerations in Diagnosis and Confirmation by Video Surveillance.” Pediatrics 80 (1987): 220–224.

    Google Scholar 

  • Evans, D. “The Investigation of Life-Threatening Child Abuse and Munchausen Syndrome by Proxy.” Journal of Medical Ethics 21 (1995): 9–13.

    Google Scholar 

  • Evans, D. “Covert Video Surveillance – A Response to Professor Southall and Dr. Samuels.” Journal of Medical Ethics 22 (1996): 29–31.

    Google Scholar 

  • Fiatal, R. A. “Lights, Camera, Action: Video Surveillance and the Fourth Amendment.” FBI Law Enforcement Bulletin 58 (1989): 23–30.

    Google Scholar 

  • Gillon, R. “Covert Surveillance by Doctors for Life-Threatening Munchausen's Syndrome by Proxy.” Journal of Medical Ethics 21 (1995): 131–132.

    Google Scholar 

  • Hall, D. et al. “Evaluation of Covert Video Surveillance in the Diagnosis of Munchausen Syndrome by Proxy: Lessons from 41 Cases.” Pediatrics 105, no. 6 (2000): 1305–1312.

    Google Scholar 

  • Katz v. United States, 390 N. W. at 361 (1967) (Harlan, J., concurring).

  • Lawson, T. “Why an Expert Witness is in the Dock.” The Scotsman, 2004.

  • Lung, C.-T., and D. Daro. Current Trends in Child Abuse: The Results of the Annual 1995 Fifty-State Survey. Chicago: National Committee to Prevent Child Abuse, 1996.

    Google Scholar 

  • Morley, C. “Concerns about Using and Interpreting Covert Video Surveillance.” British Medical Journal 316 (1998): 1603–1605.

    Google Scholar 

  • Mothers against Munchausen by Proxy Allegations. See http:/www. msbp. com.

  • Samuels, M. P. et al. “Fourteen Cases of Imposed Upper Airway Obstruction.” Archives of Disabled Children 67 (1992): 162–170.

    Google Scholar 

  • Shabde, N., and A. W. Craft. “Covert Video Surveillance: An Important Investigative Tool or a Breach of Trust?” Archives of Disabled Children 81, no. 4 (1999): 291–294.

    Google Scholar 

  • Shinebourne, E. A. “Covert Video Surveillance and the Principle of Double Effect: A Response to Criticism.” Journal of Medical Ethics 22 (1996): 26–28.

    Google Scholar 

  • Southall, D. P., et al. “Covert Video Recordings of Life-Threatening Child Abuse: Lessons for Child Protection.” Pediatrics 100 (1997): 735–776.

    Google Scholar 

  • Southall, D. P., and M. P. Samuels. “Ethical Use of Covert Videoing for Potentially Life Threatening Child Abuse: A Response to Drs Foreman and Farsides.” British Medical Journal 307 (1993): 613–614.

    Google Scholar 

  • Southall, D. P., and M. P. Samuels. “Some Ethical Issues Surrounding Covert Video Surveillance – A Response.” Journal of Medical Ethics 21 (1995): 104–105, 115.

    Google Scholar 

  • Southall, D. P., and M. P. Samuels. “Guidelines for the Multi-Agency Management of Patients Suspected or at Risk of Suffering from Life-Threatening Abuse Resulting in Cyanotic-Apnoeic Episodes.” Journal of Medical Ethics 22 (1996): 16–21.

    Google Scholar 

  • Southall, D. P. et al. “Apnoeic Episodes Induced by Smothering: Two Cases Identified by Covert Video Surveillance.” British Medical Journal 294 (1987): 1637–1641.

    Google Scholar 

  • State v. Abislaiman, 437 So. 2d 181 (Fla. Dist. Ct. Appl. 1983).

  • Tenney, G. “Covert Surveillance in Munchausen's Syndrome by Proxy: An Infringement of Human Rights.” British Medical Journal 308 (1994): 1100–1102.

    Google Scholar 

  • Thomas, T. “Covert Video Surveillance – An Assessment of the Staffordshire Protocol.” Journal of Medical Ethics 22 (1996): 22–25.

    Google Scholar 

  • Vaught, W., and Fleetwood J. “Covert Video Surveillance in Pediatric Care.” Hastings Center Report 32, no. 6 (2002): 10–11.

    Google Scholar 

Download references

Author information

Authors and Affiliations

Authors

Rights and permissions

Reprints and permissions

About this article

Cite this article

Bauer, K. Covert Video Surveillance of Parents Suspected of Child Abuse: The British Experience and Alternative Approaches. Theor Med Bioeth 25, 311–327 (2004). https://doi.org/10.1007/s11017-004-3145-7

Download citation

  • Issue Date:

  • DOI: https://doi.org/10.1007/s11017-004-3145-7

Navigation