If you are considering hiring a private investigator to conduct surveillance, you may be wondering what they are actually allowed to do. Can a private investigator follow someone? Can they take photographs? Can they find out where someone is going or who they are meeting?
The short answer is that private investigators can conduct surveillance in the UK, but they must do so lawfully and with respect for privacy and data protection legislation. Professional surveillance is not about following someone at any cost. It is about gathering reliable, objective evidence using lawful and proportionate investigative methods.
Can a private investigator follow someone?
Yes, a private investigator can observe and follow an individual in public places as part of a legitimate investigation. As an example, an investigator may observe someone travelling between locations, visiting a particular address, meeting another individual or carrying out an activity relevant to the investigation.
Surveillance may take place on foot or from a vehicle, depending on the circumstances. Experienced investigators will adapt their approach to the environment while remaining discreet and avoiding unnecessary intrusion. The purpose is to establish facts and document what actually happens rather than make assumptions about someone’s behaviour.
Can a private investigator take photographs or video?
Photographic and video evidence can form an important part of a surveillance investigation, where it is lawful and appropriate to do so, an investigator may record activity taking place in public or visible from a public location. This can help establish a clear timeline and provide objective evidence of someone’s movements or behaviour.
However, professional surveillance is not simply a collection of photographs. The context surrounding those images matters. Our surveillance teams provide professional reporting alongside the evidence gathered, helping clients understand where and when observations were made and what took place.
What can’t a private investigator do?
There are clear limits to private investigation in the UK. Hiring a private investigator does not give someone permission to hack into phones or email accounts, illegally access private records, trespass on private property or use unlawful methods to obtain information.
A reputable investigator should also consider whether the surveillance being proposed is necessary and proportionate to the circumstances. This is one reason why choosing an experienced professional agency matters. Evidence is considerably less useful if the methods used to obtain it create legal or privacy problems of their own.
What kind of evidence can surveillance provide?
Surveillance can help establish facts that may otherwise be difficult to verify. Depending on the circumstances of the case, this could include confirming someone’s location at a particular time, establishing patterns of behaviour, documenting meetings or visits, or recording activities relevant to a legal, commercial or personal matter.
Evidence may include photographs, video footage, contemporaneous observations and a detailed written report. The important point is that the investigator reports what was actually observed. Their role is not to speculate about what something might mean.
Why might a solicitor use surveillance?
Surveillance is not limited to private individuals who suspect a partner of being unfaithful. Solicitors and other professional clients may instruct investigators where independently gathered evidence could assist with a legal matter. The circumstances vary considerably, which is why a professional investigator should understand the purpose of the instruction before deciding how an investigation should be approached.
Clear reporting is particularly important where findings may eventually be considered by solicitors or form part of wider legal proceedings.
Can businesses use private investigators?
Businesses may also have legitimate reasons for commissioning surveillance or investigative work. This could involve suspected fraud, employee misconduct or another commercial concern where a business needs to establish what is actually happening before deciding what action to take.
Again, proportionality and legality are important. A professional investigator should consider the circumstances of the instruction rather than automatically recommending surveillance.
Is evidence from a private investigator usable in court?
Evidence gathered by a private investigator can potentially be used within legal proceedings, but its usefulness will depend on how it was obtained, documented and presented, as well as the circumstances of the individual case.
Good record keeping is therefore fundamental to professional investigation work.
Dates, times, locations and observations should be recorded accurately, with supporting photographic or video evidence where appropriate.
If evidence is likely to be used in legal proceedings, clients should discuss its intended use with their solicitor.
Why experience matters in surveillance
Successful surveillance often looks straightforward when you see the final report. In reality, it requires judgement, planning and the ability to make decisions quickly as circumstances change.
Howard Agency has more than 30 years of experience carrying out investigations and surveillance operations for solicitors, businesses, local authorities and private clients.
Many members of our investigative team have backgrounds in policing or the military and are experienced in professional surveillance techniques. Our focus is always on obtaining reliable, objective evidence while conducting enquiries discreetly and lawfully.
Need to discuss a surveillance matter?
Every investigation is different, and sometimes the most useful first step is simply establishing whether surveillance is appropriate.
If you need factual evidence relating to a personal, legal or commercial matter, contact Howard Agency for a confidential discussion about your circumstances.
Ref: Information Commissioner’s Office UK data protection guidance and GOV.UK UK legislation.
