The point about potentially putting in a Subject Access Request above is a really good one.

You could always say that you are not, at this stage, considering making a SAR. Which makes it clear you know what one is and may do so at a later point if they continue with this nonsense.

My thoughts exactly.

They clearly know as much about defamation as they do about equality law.

Oh, and because I would be furious about their threat to contact the police. (Nevermind that it's not a police matter), I would be asking them for contact details of their solicitor / legal representative. I might not do anything about it legally/with a solicitor, but I would be asking the school for the contact details so that they knew I would persue if necessary. A shot across their bow.

What good advice from
birchtreeglow · Yesterday 23:46

hence I forwarded the emails to two parents who had expressed concerns
As they were interested parents how did anyone know you had forwarded the emails to them? Did they share them?

I am sure they would not have reported you to the school.

Oh gosh.

I've just read the whole thread. Firstly, well done. Secondly, they are now seemingly trying to intimidate you and other parents.

It's perfectly legitimate for you to have a free and frank sharing of views with other parents and sharing the emails with those parents was necessary for the free and frank sharing of views on how to proceed/tackle the situation, they cannot police your or others private correspondence or ask you to delete as you haven't defamed the school (taking it here that you were factual in your communications and have not said anything that is false), you merely brought a matter to their attention (parents) which is in the interests of all parents, you took those legitimate concerns to the school, concerns that needed attention and which they then attended to - reinforcing that those concerns were legitimate.

Download the parent policy as a PP has already mentioned so that you have the current copy. I would also be tempted to ask them, in writing, for any copy of said policy that you have signed.

Any policy that the school may have in place is nothing more than a plan drafted by them/governing body/academy trust/LA (depending on the 'type' of school) to help guide it in managing or dealing with a particular matter.
It is neither prescriptive, nor enforceable and certainly does not supersede legislation. A parent - home agreement is not enforceable btw.

Perhaps ask them for their complaints procedure. It will be on the website (as required by law to be), but it may be an idea to actually ask for it. But that's just what I would do.

You did them a favour and this is how they respond? You could have gone above their heads about it, but you didn't.

You've stayed very calm. If it was me, I would be checking every single policy that they MUST have (must as in legal requirement) and checking that they complied with legislation, including their determined admission arrangements. But that's me, because I don't take kindly to threats.

Whatever you do, when you respond, you need to include what transpired in the phone call - you will need a paper trail.

And, not just now, but when the time is right, submit a Subject Access Request.

Defamation (alledged defamation) is not a police matter. I might just ask them to also detail the reasons for their allegations. You can't respond properly to an allegation of defamation (or anything else) without the reasons for the allegation clearly spelt out along with their EVIDENCE for such an accusation. Again, paper trail.

I'm cross on your behalf. Stay strong. Bullying is not acceptable.

Don't lose any sleep about the threat of defamation OP. It's a civil not a criminal matter and the police will send them packing.

It's an empty threat and an easy one to make because 'reporting' the matter to the police is free. Consulting libel lawyers is not. Libel claims are an expensive, lengthy and very specialist business. Lots of hurdles and technicalities to overcome. And a school, which has no legal standing itself, would be mad to embark on the PR car crash of spending hard pressed funds on establishing that an individual at the school has a claim against a parent. And a parent who was raising a reasonable concern - which they accepted as such by removing the poster!

It is legitimate to talk in general about issues that have happened in one school on a parents forum, especially if the case in question is likely to be replicated in other schools. We already know the same posters are up in other schools. No names have been used. No identifying information has been used.

If people can't talk in this way how can injustices ever be resolved? It's sort of the point of safeguarding - sharing information. Safeguarding is supposed to be for everyone but how can it be if you can't raise even the most general of anonymised concerns?

Some people really want to shut women up don't they.

@Vebrithien Arseholes! You've got them running scared. They are having to now deal with angry informed parents and they are pissed!

Keep up the good work

🍷🍫👍

I also call bullshit on a number of parents reporting you sharing concerns that the school is misrepresenting the Equality Act. I think this is coming from the Assistant Head, who (IIRC) has already shown themselves to be politically motivated. There may have been ONE person who mentioned it.

From what I can tell the very reason there is now a bar on public bodies suing for defamation is because of the chilling impact that would have of legitimate criticism of public bodies.

Who is your MP, Veb? Would they be interested in this matter? - it could lead to serious breaches of safeguarding, as others have pointed out.

From what I think I recall Veb saying a few weeks ago, her MP is captured.

I am so sorry this has happened. 💐💐😱What an unpleasant shock for you just when there was so much to celebrate. And there still is, as perhaps this response from the school is in many ways a sign of your success in having pricked their bubble of complacency.

How can schools expect parents not to discuss concerns amongst each other? They have no right to silence anyone about what is being taught to their children.

They are trying to attack you so you’ll back away as they’ve recognised you are forceful and coherent.

You've not said anything defamatory or untrue. Defamation is a civil matter, the police cannot get involved.

I've done some googling and I'm 99% certain Public bodies themselves cannot sue for defamation. My understanding is that individuals within public bodies can sue for defamation, but you have not made any statements about individuals. The school cannot sue for defamation.

Also public bodies, such as schools through governing boards, have to show that they are not misusing public funds. Using school resources to pursue a (nonexistent) defamation claim against a parent would not be appropriate use of school funds and would not be in the best interests of the children in the school.

It's absolutely shockingly outrageous they've threatened you in this way - which itself could very well be defamatory!

Defamation is a civil matter. It’s not a crime, why on earth would they go to the police? Empty threat.

Are they going to ban parents from chatting about school activities and policies as well? They probably should, in case someone overheard and doesn’t like what they hear.

The subject has been discussed and addressed correctly and I fail to see how anyone, on either side, has said anything defamatory. If they say that you have, then they will have defamed you.

You are a wise woman.

It's really disturbing though that the school is more interested in shutting up a parent raising a legitimate concern than thinking about what the right thing for the kids is. It's worrying.

I would add that you are extremely concerned that suggesting parents could be reported to the police for defamation will have a chilling effect on the safeguarding culture of the school

Also add that defamation only applies to untrue statements and nothing you have said to anyone is untrue. And you have been motivated by the best interests of the children in the school as you hope any communications from the school would be. (but clearly are not - don't add this bit!)

To be honest their implication that you would do anything defamatory is I think, in itself defamatory although this is beginning to make my head hurt. Any lawyers out there?

Surely defamation is a civil matter?

If so, the police would have no interest/authority regarding it.

Who is your MP, Veb? Would they be interested in this matter? - it could lead to serious breaches of safeguarding, as others have pointed out.

I think that's an excellent reply. And what @bignosebignose said!

Also a fair point, that they need to be a bit careful not to defame
you.

That seems very reasonable and considered, in line with everything you've done throughout this process. It must really piss them off.