Surveillance: a practical fact sheet

What surveillance means

Surveillance is planned observation directed at a defined question. It may help establish activity during a particular period or test information relevant to a dispute. It cannot explain someone’s thoughts or establish what happened outside the observation period.

Static observation concentrates on a location. Mobile observation follows relevant activity as it moves. These descriptions explain the broad distinction; the appropriate method depends on the purpose, circumstances and lawful options.

Write a brief that can be assessed

Replace a broad request such as “find out everything” with the fact you need to establish and the decision it will support. Identify the relevant time window and explain why it matters. Separate direct knowledge from an assumption.

• The reason for the enquiry and any involvement of a solicitor.
• Reliable identifying information you are entitled to provide.
• Relevant locations, dates and deadlines.
• What you already know, with its source and any uncertainty.
• Your budget limit and who can authorise a change.

Consider whether observation is appropriate

A request for surveillance must be assessed for its purpose, necessity, proportionality and privacy impact. Being visible in a public place does not remove every data protection consideration. An enquiry can affect bystanders as well as the person of interest.

A professional assessment should consider whether a less intrusive source could answer the question. Do not arrange observation to intimidate, harass or evade another person’s boundaries. Tracking devices and access to private premises raise separate issues; they are not automatic additions to an observation brief.

Understand the costs before agreeing

Ask how the proposed staffing and duration relate to the objective, which expenses are included and what happens if circumstances change. Travel, access conditions and the required coverage may affect the plan. A fixed spending limit and a review point help you stay in control.

Request a written quotation for your instruction, including the charging basis, any minimum period, VAT, expenses and cancellation arrangements.

Read the findings with their limits

A useful report distinguishes direct observation from an interpretation. Dates, times and context matter. No relevant activity observed during one period does not prove that it never occurs. An interrupted observation is a limitation to explain, not a gap to fill with assumptions.

Ask what the report will contain, who will receive it and how it may be used. If a court or employment process is involved, your legal adviser should help define the enquiry and assess the findings. The investigator cannot guarantee that evidence will settle the dispute.

Questions you may have