Rethinking the use of CCTV in early learning settings post the National Model Code

Discussion about the use of closed circuit television (CCTV) in early childhood education and care (ECEC) settings is not new, however with the advent of the National Model Code and Guidelines, introduced to safeguard children and young people whilst in the care of ECEC services, many services are wondering where they stand, and how the new rules apply. 

What are the National Model Code and Guidelines? 

In place from 1 July 2024, the National Model Code, and its associated guidelines, form part of a range of actions Federal, State and Territory Governments are taking to respond to the 16 recommendations of the Australian Children’s Education and Care Quality Authority (ACECQA) Review of Child Safety Arrangements under the National Quality Framework.

The Model Code is a voluntary, interim measure while future legislative reform is being considered by governments, and the Guidelines are in place to support the implementation of the Model Code.

Readers should be aware that (at this stage) the Code and Guidelines are intended for centre based early childhood services, and not outside school hours care (OSHC), family day care (FDC) or out of scope services, however ACECQA has stated that providers of other types of ECEC services and approved providers of OSHC services “may choose to consider adopting similar practices within their own contexts.”

An overview of the key elements of the National Model Code and Guidelines is available here.  

Why do some parents, families and educators want CCTV? 

Many parents and families are in favour of CCTV in services because it allows them to check in with their child at any time, share in their day, and have reassurance that nothing untoward is happening. 

Some educators and leaders are in favour of CCTV believing that it can protect them from litigious events, allow them to have an insight into program and practice, review information for continuous improvement, and safeguard staff from false allegations. 

Why might others be opposed? 

Many educators who are opposed to the presence of CCTV in children’s services worry about the rights of children, and the professionals who care for them, to privacy. 

Concerns have been raised by professionals about what might happen when the video footage and the ‘eye witness’ statements contradict one another, or when the footage only captures half the story. 

Other concerns include the notion of informed consent – can children fully understand what it means to be constantly under surveillance? What does this do to their sense of agency? 

A test case from Sydney

An early learning provider, with 16 centres in Sydney, recently drew mainstream attention for what was perceived to have been a ‘backflip’ around the use of CCTV in its services, telling parents that CCTV footage would no longer be available for them to view. 

For one parent, who had chosen the service specifically for the capacity to view his child via CCTV footage, the decision was ‘alarming’. 

“To date we have had to ask the centre to review footage in the past for incidents between my child and others to learn what had happened, who is at fault and mitigate future issues,” the parent shared with news.com.au

While the provider said the decision was made with a view to enhancing the protection of children’s rights to respect and dignity and to further minimise the risk of misuse of their digital images, in accordance with sector-wide child protection, the decision drew ire from some of the parents in the network.

The quoted statement from the provider noted that it had recently “reaffirmed” its dedication to Child Safe Standards and Principles, and as such would cease the recording of CCTV footage, however on receiving feedback from families, and after contact by the news outlet, the provider noted that it would instead restrict access to such footage in accordance with the minimisation of child exploitation, for example through preventing parents and staff from recording footage on their personal devices without consent.

Personal devices and the National Model Code 

Taking photos and videos of children on personal phones and devices is one of the elements at the heart of the National Model Code and Guidelines, particularly in light of a high profile case in 2023 where a former ECEC worker from Queensland’s Gold Coast was charged with 1,623 child abuse offences against 91 children in Brisbane, Sydney and overseas between 2007 and 2022, many of which were captured on his personal device within an early learning environment.

To attempt to alleviate the risk of such offences, the National Model Code and Guidelines set out that only service issued devices can be used when photographing or filming children, and that strict controls must be in place for taking, sharing and storing images and videos. 

For many services, this is the intersection of the CCTV dilemma – if CCTV streams are available for parents to view, parents could, in theory, be taking, sharing and storing images not only of their own children, but also those of children unrelated to them.

Once outside the locus of control of the service, the images could be used and shared in many locations, potentially with ill intent. 

Providers of centre based ECEC have been strongly encouraged to adopt the Code, however, as the test case from Sydney demonstrates, the implications of doing so are not yet fully understood. 

To learn more about the National Model Code and Guidelines see here. Discussion of the use of CCTV in children’s services may be found here. 

The news.com.au link, where the Sydney test case is discussed in detail, may be found here.