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Data protection breech

(18 Posts)
Jojoe1980 Tue 24-Jun-14 11:57:31

Hi I've been informed that my childminder is talking about my son to other people and has identified him by name. Is this a breech of data protection and what advice would you give thnk you in advance

PortofinoRevisited Tue 24-Jun-14 12:03:01

Um, not a breach of data protection no. It is an issue of confidentiality. I would look for a new childminder. It does depend exactly what she has been saying though.

buggerboooo Tue 24-Jun-14 12:04:01

What has she been saying?

Jackie0 Tue 24-Jun-14 12:05:56

What info did the cm divulge? There's a difference between " he loves fruit" and " he needs to see a speech therapist". Sorry weird examples, it's hard to think off the top of my head.
You will want to establish the facts and have a conversation with the cm to start with.

Drquin Tue 24-Jun-14 12:13:19

Would agree that it very much depends on what you class as "talking about my son", as to whether it may be breach of data protection rules, or confidentiality, or just impolite.

"This is jojoe's boy, I look after him because jojoe is out at work all day so her house at no. 8 is empty all day" to the local burglar ..... Is a bit different to "this Is my new mindee, he's called jojoe'sboy" to a fellow child she minds.

treaclesoda Tue 24-Jun-14 12:18:10

I think there are loads of times when a childminder really would have no choice but to tell people his name. Eg she takes him to story time at the library an they all get a sticker with their name on it, so telling people his name is just a part of normal day to day interaction with other people, in most cases.

Jojoe1980 Tue 24-Jun-14 12:35:51

She has been telling people he hits other kids and she want someone else to look after him

JenniferJo Tue 24-Jun-14 12:46:19

It was unprofessional of her but in your place I'd be more worried about my DS hitting other children.

Jackie0 Tue 24-Jun-14 12:46:25

Well that's clearly not on. She ought to have spoken to you about the hitting and either come up with an action plan to help the situation or have given you notice to end the contract.
It would be reasonable if he hurt or upset another child in the setting to share that information with THAT CHILD'S parent.
I suspect what has happened though is that she has been having a bit of a moan to someone she shouldn't have. In her defence it's a tough and sometimes lonely job and we've all a moan or a gossip on an off day. I'm not saying you aren't perfectly within your rights to be angry, she was in the wrong.
Do you like her? I think it's an issue that could potentially be resolved with an honest chat .
If you don't get a good vibe of her or think she is ambivalent about resolving the problem then it's probably best to move on.

Jojoe1980 Tue 24-Jun-14 13:06:11

Thanks for replies i have removed him from her care now due to this and other negative comments she has made to me about him, in front of the other children, he is only 2 and a lovely energetic little boy I am worried about his behaviour and have posted before for advice, I not a parent that thinks my child is an angel but when I'm having a go at him on the walk to and from her house I feel I'm letting him down, and it's stressing me out.

adsy Tue 24-Jun-14 13:30:26

Hope you paid the appropriate notice

MaryPoppinsBag Tue 24-Jun-14 13:39:06

What other negative comments?

It depends on who she told and in what circumstances.
E.g. Out at a toddler group 'Oh I'll just have to keep a close eye on Jojo's boy as he often hits other children, I'm finding it hard work'

Is very different to 'oh god that Jojo's boy is a little !?&£, hitting other kids, I want rid of him!'

adsy Tue 24-Jun-14 14:31:45

Maybe she was telling other cms so she could get alternatives for the mum if she hsd to give notice due to him hitying other children.
Round here all the cms know each others chikdren, would seem odd if we didnt as we all tend to go to the same places.
Doesnt mean shes slating him.
Anyway, did you give and pay the rightnotice

MsFiestyPants Tue 24-Jun-14 14:43:48

if someone had been slagging my child off I would not pay notice and if paid in arrears I wouldnt pay for services rendered! sounds like the CM has been V unpleasant to a defenseless toddler!!

adsy Tue 24-Jun-14 16:40:05

well you'd find yourself in the county court then feistypants.
Doesn't sound like she was "slagging him off" to me.

Jackie0 Tue 24-Jun-14 17:04:48

Sometimes things just don't work out. It's possible the cm was struggling and didn't know how best to deal with it. It's possible the op was too sensitive about comments the cm made or that the cm was tactless in things she said. These things happen. Sometimes it just isn't a good fit. We don't know the full story anyway so it's all conjecture .
This is not grounds for breaking a legally binding contract. I don't understand why some people get so aggressive , it's such an over the top reaction.
It could be a drop of a third of a persons income with no notice, it wouldn't happen to an employed person ( as opposed to self employed) so how on earth is that a proportionate response?
Anyway the op hasn't given any indiction that she would try anything so low.

HSMMaCM Tue 24-Jun-14 17:05:12

MsFiestyPants - you need to remember that this is heresay. OP has not heard the CM say anything.

HSMMaCM Tue 24-Jun-14 17:06:04

OP - probably a good idea to change childcarer anyway, as the trust has broken down.

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