School using DD image for advertising

[MrsFlorrick]

I am hoping someone here can help.

DD and DS were at a small prep until March this year. We are moving house so DC have moved to another Prep further out in Kent.

I discovered today that the DCs old prep are using a photo of DD for advertising. Leaflets and posters for open days as well as screen advertising in a shopping centre!!!

We never consented to this while DC were at the school because we didn't want the DC exposed in this way. The school approached me a couple of time about a year ago and I firmly said no!!

What can I do? I don't want them to use DD image this way and it's false advertising as she is no longer at this school.

What are my rights?

[MrsFlorrick]

And most importantly how do I put an immediate stop to this?

[MrsFlorrick]

Btw DD is 5 years old.

[CatsCantTwerk]

I'm sorry I probably won't be much help but have You contacted the school about this? What did they say?

[MrsFlorrick]

Cats. We have only just discovered this about 3 hours ago and DH and I are going to write to the Principal via email tonight as a first port of call.

However I don't expect much action given that she is the one who would have sanctioned this.

And there are only 90 DC at this very small pre-prep school so it's not like she could have "forgotten" that DD and DS left in March.

[baaaabaaaaabaaaa]

Usually you sign a form when starting at a school (independent) to say whether or not you consent to photos being taken of your child and whether they can be used for promotions and publications.

The thing is in my experience these forms are in with all the others about the deposit, registration fee, lunches, after school clubs, after school care,permission to be taken off school grounds for sports, permission to use school transport and so on.

Sometimes its not even a seperate form its a brief mention in the niff naffsuch as the registration form or similar.

The fact that after your child started you have said to the school her image is not to be used means any initial form completed by you in error should have been destroyed. However, if you only advised the school verbally then they may argue their files says you gave permission.

Did you write that images were not to be used or tell them verbally?

[MrsFlorrick]

Baaaa.
I signed a form expressly forbidding them to use images of DC. And they approached last year asking if I would change my mind which I wouldn't.

The actual biggest issue is that they have done this AFTER we have left the school.

The DC are not at this school and yet they are advertising with DDs image?

[MrsFlorrick]

I want to stop them doing this. Anyone have any ideas?

[SDTGisAnEvilWolefGenius]

First step is emailing the Principal, as you intend to do tonight. I assume you will be reminding them that they do not have permission to use your dd's image, and insisting it is removed at once.

Hopefully they will hold their hands up, apologise, and comply. If they don't, I would contact OFSTED and a lawyer. Is the school part of an Independent Schools group of any sort - if so, you could contact them too.

Fingers crossed this will be easily sorted out for,you.

[PandaMummyofOne]

I had this issue just before Christmas. DS goes to a nursery at a college where I teach. I have expressly signed forms saying I do not want his image used in the press, advertisement etc.

Over Christmas I was browsing Facebook and saw that they have used his nursery photographs and plastered them all over their public site.

I immediately messages them and ask them to remove it. They refused. I explained that I refused permission. They still refused. It was only after I expressively emailed them from my staff email address that they took them and apologised.

Do not back down until they remove them. That's the only advice I have really.

[MrsFlorrick]

Thank you so much for the advice!!

They have handed out thousands of open day poster and had them hung on bus stops etc all with DDs face plastered all over it!

They are also using screen/video advertising in a local shopping centre and cinema also with DDs face all over it as the leading photo of one of "their" children.

After I saw the bus ads I emailed a parent I know who is still at the school who informed me of the other adverts. I asked a few more parents who confirmed. They all assumed we had consented.

[Ineedacleaningfairy]

I think phoning the school is a good idea, decide what you want to happen, do you want them to try to get back the info they have given out or just withdraw the image ASAP? I would consider if the negative impact on your child is worth the stress and effort on your part, do you think your child is at risk because of this image or do you just feel annoyed that they didn't follow your wishes? I don't think the false advertising is an issue as surely the photo was taken at their school, so I imagine happy smiling child in school uniform, it's not as if prospective parents choose that school so their dc can be friends with your dd.

[MrsFlorrick]

DD is NOT at this school anymore!!

The point I am trying to make is that this is the DCs EX- school!
We left in March and now they are using an old photo of DD for advertising the school.

[BreadmakerFan]

Go on the angle that you didn't give permission, not that she isn't there anymore. Our school is a small independent school and they are very very hot on who can have their photo taken full stop never mind used in advertising. There's no excuse for this.

[Donthate]

I would say call the principal on Monday and tell them to expect a solicitors letter. You did not give them permission to use the image and they were aware of this. They are totally out of order.

[WindMeUpAndLetMeGo]

Surely your DD leaving the school is irrelevant? The issue is using her image without your consent, the leaflets don't express she is currently a pupil do they?

[MrsHerculePoirot]

It is a breach of data protection. This website has the information you need and you can contact them for further advice and support too.

[MrsFlorrick]

It is partly relevant.

Why would anyone let an former school advertise using your DC image? That's a bit odd.

And it's relevant because we have previously refused permission and after we left they started using DDs image clearly thinking we wouldn't find out.

And yes we had refused consent for this previously because it's a security risk in relation to DHs job and the school had been informed of this.

[CloserToFiftyThanTwenty]

A lawyer should be able to draw up a "cease and desist" letter asking them to stop it. But agree with the pp who said you need to be clear what you want: no more literature with DD's photo on to be produced? Existing literature to be pulped? Recall of posters etc that have already gone out?

Also agree that your point should focus on your express statement that DD's photo should not be used, not that she isn't here anymore (which is almost irrelevant)

Bet the literature was drawn up, then the head realised you hadn't consented and asked you to reconsider precisely so they could use this picture in this way...

[MrsFlorrick]

MrsHercule. Thank you . I was wondering if this was the case but didn't know where to look!

At least now I am armed with something.

[MrsFlorrick]

They asked permission well over a year ago and the recent posters are a completely new design. So they just waited until we left and used a picture of DD regardless.

[museumum]

The important fact is you expressly refused consent. Concentrate on that.

It doesn't matter at all that she no longer goes there. They could easily have used a child model who never went there!

However using an image they have no permission to use us very bad form and you could require them to withdraw all the publicity if you went via a lawyer.

In terms of your own security concerns however I wouldn't be too worried as anybody thinking they'd discovered your ds's school from the images would be wrong.

[Donthate]

If it is a security issue I would take serious legal advice. My local authority had to pay a family £££ when a local school published a picture of a child in witness protection.

[MrsFlorrick]

Museumum.

Will do.

Yes security now that we are at a different school isn't so much of an issue.

I do apologise to you all for sounding slightly mad and using cap and ! Everywhere.

I'm upset about it because we repeatedly said no. And because I found out by accidentally driving past a bus stop and nearly crashing the car after seeing my 5 year old daughters face all over it.

And I also feel powerless. In the sense that I said no but they did it anyway. And because my PFB is involved.

Good advice on email and possible legal letter.

DH has just been on their website and there are several photos of DD plastered all over the home page

[BreadmakerFan]

Take screen shots and photos of the bus stop. I'd be livid.

We have several children at our school who aren't allowed to be photographed and if they were accidentally (though it just would not happen) they'd be removed instantly on the first request, or before if the staff realised.

The head has been deliberate here, very sneaky, be annoyed about that too.

[DumbledoresKnobblyWand]

Jesus! They've behaved disgracefully. That's actually shocking.

If I were you I'd be lawyering up in preparation for the Head to argue that she owns the photos and as such can do what she wants with them.