Teachers taking photos outside of school

Absolutely Jonnysgirl
It's absolutely typical that issues with students are overtaken by talk about exactly how it was dealt with rather than what the real problem is.
It may not be ideal, but what's the big deal? If I were you OP for your son's sake, I'd make sure the headteacher doesn't become the story.

If your son has been suspended for 3 days, why was it so urgent he returned to school to drop off some trainers to a friend? Could they not wait? Could you or DH not take them to the other child's house?
Seems a really odd thing to do when your child has been suspended.

ds (16) who is currently suspended for walking out of a class (not for anything violent, but he's clashing with his teacher and has very low tolerance at the moment

You seem quite relaxed about this @Always2022 ? Your DS should be keeping up with his schoolwork, and getting some therapy/behaviour modification for losing control of his feelings in school to the extent that he is suspended from classes.

Legal in a public place. I'm not sure if it's a legal requirement to use a school device rather than a personal phone, or whether that's just best practice. I would be a world of shit at school if I had any photos of kids on my personal phone
(even if they were just of the kids doing a cool experiment etc- we have to use school phones/ipads )

If there is a fixed penalty or possible prosecution for parents failing to comply with the suspension then evidence is needed. Nobody is 'trying to catch him out'.

But a Headteacher, taking a photograph of a student, outside of the school at a time when all the other students are flocking out of school..

But now you dropped him off 15 minutes after school ended, by which time most kids would be gone.

So was it school kicking out time or not?

So what do you mean by It's not the photograph as such, it's the methods by which they are trying to catch him out?

They're not supposed to be hanging around the school if they're suspended.

our gut instinct is that the school would rather him not be there

If he's behaving in such a way that he's causing enough of a problem that he needs to be suspended then, yes, the school probably wouldn't have him there in an ideal world. I'd imagine the vast majority of the well-behaved student body would also prefer for disruptions not to be there and impacting on their education. But that's not an option so, as it stands, the school will end up having him back and everyone will continue to put up with the things he's been doing to get suspended in the first place.

I'm confused about the changing focus of your concern. First it was about the legality, then about a teacher taking a photograph, then not about the photograph really but just them trying to catch him out. It sounds like you're making excuses and creating distractions rather than addressing the key issue at hand: your son's inability to conduct himself in the correct manner in school.

How long has he been suspended for?! If he's been hanging round school premises more than once during his suspension he's massively taking the piss, with your apparent blessing.
What are you playing at?

Unless you live next door to the school how can you/DS have been following the rules?

Sorry OP, I agree that you're focusing on the wrong issue here

It's absolutely standard that suspended pupils should not be out in public during school hours, which your son was. And especially should not be in the vicinity of school, which he also was. This should be outlined in the letter you received informing you of his suspension.

I suspect the HT has taken a photo to compile evidence against your son for breaking these rules and it will be brought up in the reintegration meeting.

You should be giving your son a rocket up the arse not complaining that the school are doing their job.

I think you need to challenge your attention in to your sons behaviour and attitude rather than the teachers actions. Sounds very odd that your sons get suspended but then has the need to go to the school to drop something off. Sounds to me that he is wanting to agitate the whole situation.

Letting him turn up at the end of the day to act like a big man to his friends will only contribute to his poor behaviour and lack of accountability.

This.

He shouldn’t be out during or very close to school hours, he’s not on a bonus holiday, he’s been excluded. You’re focusing on the wrong issue.

he's clashing with his teacher and has very low tolerance at the moment

What a strange way to look at things.

Maybe the Head has a low tolerance for your son at the moment and therefore should be allowed to behave however they want?

No?

Why are you allowing your son to see his friends during the day while he’s suspended from school?

How are you managing him at home?

Letting him turn up at the end of the day to act like a big man to his friends will only contribute to his poor behaviour and lack of accountability.

“Where a suspended or permanently excluded pupil is of compulsory school age the headteacher must also notify the pupil’s parents of the days on which they must ensure that the pupil is not present in a public place at any time during school hours. These days are the first five school days of a suspension or permanent exclusion (or until the start date of any full-time alternative provision or the end of the suspension where this is earlier). Any parent who fails to comply with this duty without reasonable justification commits an offence and may be given a fixed penalty notice or be prosecuted.”

HT collecting evidence that you have committed an offence. Why was your DS out of the house?

For the first 5 days of an exclusion pupils aren’t allowed in a public place during school hours without good reason. As another poster said, to be at the gates at home time DS must have been out in public during school hours, unless they live next door.

You know that the school will have a photo of every child on the network don't you?

Depending on the back story, it's potential harassment and bullying.

If he's out of school, then there's a problem. The question then becomes 'why is he out of school?'

Why the teacher is doing this, then becomes a matter of context. If it's to 'prove' a particular point it could be intimidating, harassing or trying to pass responsibility back to parents /child rather than resolve in school issues.

In certain situations it potentially could be illegal.

Taking photos as such, isn't illegal. But it also could be against codes of conduct. I'd argue he would need a good reason to justify it, if its targeted at an individual. And reasonably you could challenge and question on this basis.

The key point here, is whether this is a 'proportionate act'. Is why he's done it, reasonable?

If he's been excluded, he's not supposed to be seen in a public place. It will have been written into the details informing you, that you're responsible for keeping him at home during the hours of the core school day.