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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Is it illegal if i record my conversation with dd's teacher about the bullying meeting?

40 replies

HopingForTheBest · 30/04/2012 14:22

Also posted on Chat.
The subject header says it really, i will appreciate it, if any legal person would kindly answer to this.
DD is being bullied at school and i had the initial meetings with her teacher, it was supposed to be resolved but not. Same girls recruited more girls and still bullying dd. I saw with my own eyes! I raised the issue with the teacher immediately but the teacher, very cheekily, suggested it does not really classify as bullying, since it happened more than one month apart from the first bullying incident that i had reported, it was not frequent enough in his opinion! I am furious.
I am having a meeting with him this week and honestly i do not have any faith in him or the school. I want to tape our conversation in case he denies anything later which he may do. I will write to the school too but in the meantime i need clarification for this matter: can i legally record our conversation, so that i will have word by word proof of what has been said and i will use it as basis in my own letter to the school. So if they do not like the content of my letter and want to deny it, they cannot dispute with the actual recording of the meeting... that's the idea.
Would anyone let me know if it is illegal?
Many thanks in advance.

OP posts:

Report

Littlefish · 30/04/2012 14:25

As far as I know, it is not legal unless you tell him that you are recording him.

hathorkicksass · 30/04/2012 14:25

I don't think it's illegal as long as you tell him you're going to do it and he agrees.

SquishyCinnamonSwirls · 30/04/2012 14:25

I think you have to ask his permission to record or at least advise him that you will be recording the meeting.

tantrumsandballoons · 30/04/2012 14:25

AFAIK you have to let the other person know you are going to record them.

RetiredDJ · 30/04/2012 14:27

I think if you say (on the recording so it also can't be disputed that you've told them), "I'm recording this meeting so I don't get mixed up about our conversation. I presume that's okay".

AFAIK you must inform them that they are being recorded.

But you could also take notes during the meeting and they would be enough "evidence" for you at a later date without having to record, which tbh, could be quite inflammatory for your dealings with the teacher. You need the teacher on your side.

HopingForTheBest · 30/04/2012 14:27

Thanks Littlefish, i was hoping it is not the case. I am thinking of using my own mobile phone.

OP posts:

HopingForTheBest · 30/04/2012 14:28

Thanks for all the replies.

Teacher is not on my side, that's the problem.

OP posts:

Littlefish · 30/04/2012 17:03

Could you arrange to take someone with you, and also, ask for the head of year or head teacher to be present so that there is less likelihood of an dispute of the facts?

Littlefish · 30/04/2012 17:03

a, not an

Ja9 · 30/04/2012 17:06

Agree, if you are not agreeing with the teacher that there should be a third party present. Headteacher most obvious person...in my school bullying issues dealt with by Headteacher more than Classteacher...

HopingForTheBest · 30/04/2012 17:59

Thank you everyone.

I am thinking of recording on my mobile phone, i will mention it to him prior to the meeting just like RetiredDJ says.

I think if you say (on the recording so it also can't be disputed that you've told them), "I'm recording this meeting so I don't get mixed up about our conversation. I presume that's okay".

I cannot arrange a third party unfortunately. That would have been very good though.

Thanks again. I do appreciate all your time.

OP posts:

RedHelenB · 02/05/2012 13:29

If you feel the teacher isn't resolving things then you need to go to head of year or deputy head.

cansu · 02/05/2012 17:37

If you really don't trust the teacher you need to meet with the head or another senior member of staff. If you were to tell me you were recording our meeting I would think you were a bit of a loon and would refuse to continue with the meeting without another member of staff present. I can see you are upset but this is not the way to deal with it.

Coconutty · 02/05/2012 17:39

This reply has been deleted

Message withdrawn at poster's request.

Hassled · 02/05/2012 17:40

I don't know about the legalities of the recording, but have you asked for and read a copy of the school's Anti Bullying Policy? If you can see if there is a clear difference between what the school say they will do in the policy and what they're actually doing, then talk to the Head. If not happy, talk to a governor.

nickelhasababy · 02/05/2012 17:43

coconutty - that doesn't sound bad, actually, at least she'll get somewhere!

TheMonster · 02/05/2012 17:44

As a teacher, I would be really angry at you recording a conversation with the intention of using it against me, and it seems your intention is to get the teacher into trouble.
YOur priority needs to be to get the bullying tackled. Speak to a HOY or similar, and ask for a copy of the bullying policy so they know you mean business. You can't put the onus and sole responsibility onto one teacher.

PoppadumPreach · 02/05/2012 17:49

As far as I am aware you could record without him knowing - he does not need to give permission.

If he revealed a criminal fact however in the meeting (highly unlikely) this would be Inadmissible evidence in a court of law.

Think of the number of secret recordings the press make when they are setting up people (or even Eatchdog when they record dodgy criminals). I would do it without him knowing but just be very, very careful how you use it!!

TheFallenMadonna · 02/05/2012 18:01

Is this a primary school?

Louloublue82 · 15/05/2015 18:09

Hi...I'm curious how this turned out in the end and if anyone has any more info? I too have this problem...I recorded a meeting without permission and the school is now threatening legal action if I put in a complaint about the way that meeting went...it was never a malicious intent to the teacher at all just that I've had the likes of social services denying things they've said and saying I've said some things I hadn't and I needed my own back up for these reasons I didn't think the meet would go badly and am worried now I'm going to end up in trouble!! Please help thanks

chr1582 · 15/05/2015 20:31

You CAN record your phone recordings

www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

feckitall · 15/05/2015 20:36

I understood that you can record but you cannot use as 'evidence' I often use recordings but then write notes from it not use direct quotes. I have a processing disorder which means I don't always hear or interpret conversations.

Alanna1 · 15/05/2015 20:38

Just take some notes??

feckitall · 15/05/2015 21:03

Yes, It just allows me to make notes so I don't forget important detail. I could never use against anyone but I can revisit my responses to improve my argument, questioning skills, listening skills.
I can also use this to then clarify the other persons views/position.

feckitall · 15/05/2015 21:04

It is an aid not evidence

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