Whilst out taking photos around Scunthorpe, something which I have done for a few years now, I decided to take some of Scunthorpe General Hospital. Cycling to the hospital along Cliff Gardens I dismounted by bike and walk along the public footpath which runs adjacent to the hospital grounds. At this point I notice two security officers patrolling the hospital car park, one male officer the other a female. I walked along Cliff Gardens until I was opposite the Accident & Emergency entrance and decided I would take pictures of this area with the ambulances parked outside, (below right). 

After I’d taken 3 of four pictures the security officers approached me, the male officer asked me to stop taking pictures of the hospital, I asked him why to which he replied “because it’s illegal”, he then tried to be forceful in his tone of voice before I interrupted him.

I told him if he was quoting the law he should really read up on it first so he knows the position with photography in a public place. I pointed out I was stood on a public footpath and there is no such law which prevents me from taking any photos of the hospital. He continued, “it is against the law and it’s against the hospital rules to take photographs, so I need you to give me your name”. I told him he isn’t having my name because I have committed no offence to which he replied, “right I want you to stay there” whilst he called for assistance on his radio. I told him he doesn’t have the authority to detain me, his reply was if I cycled away he would pass my description on to the police and they would pick me up down the road. I assured the security officer I have no intention of cycling away and if he wanted to call the police and waste there time I would gladly wait for their arrival and they could put the security officer in the know about photography in a public place.

At this point he stood back whilst talking into his radio, “I’ve got a gentleman taking pictures of the hospital outside the A&E department can I have a cctv camera on us, have you got one on us? thanks!”

He then proceeded, “I you want to take pictures of the hospital you need permission first.”  (Backtracking a bit here I thought, shortly before he was telling me it was illegal.) I replied “maybe if I was on your property, but I’m not, I’m on a public footpath and there is no law which prevents me.” He insisted there was, he then said I couldn’t zoom into the window of the house across the road and take pictures. I told him again, although this wasn’t the issue here, that there is nothing to stop me.

He was then joined by a third burley security officer who wasn’t so full on. He asked why I was taking the pictures and what for. I assured him they were for my own use, nothing commercial or for any malice. The first officer then jumped into “but you’ve been taking pictures of staff and patients entering the building.”

My reply to him was “although there is nothing in the law which prevents me from taking pictures of anyone I can assure you I’m only taking pictures of the building and if people happen to be in the shot then that cannot be helped.”

The third officer said, “if I wanted to take pictures of the hospital usual procedure is to contact their public relations department to seek permission” to which I agreed with him IF I was coming onto their property, I was not on their property so I didn’t need permission.
I told him, as I’d told his colleague, I travel around Scunthorpe taking various photos and as such I’m fully aware of the law. Even if I was to seek permission to come onto the premises and were denied I could still come on and take photos but could be expected to be asked to leave.
He conceded, “this conversation is getting us nowhere” and walked back into the hospital (see right) whilst the other two officers walked off along the car park.

I then took a few more snaps then proceeded along the perimeter of the hospital and took a few more, the first security officer then looked back, saw me and spoke into his radio, “the gentleman is STILL taking photos of the hospital” to which I gave him a knowing smile and carried on photographing.

My concern is that someone in a position of authority has tried to quote a law that doesn’t exist and someone with a lesser knowledge of the law would have took the security officers word for it, packed up their camera and left the scene.    

This two page PDF document is a good guide to the law;

http://www.sirimo.co.uk/wp-content/uploads/2009/05/ukphotographersrights-v2.pdf