Which is why the illegal policies that many schools have attempted to implement, trying to tell parents who are also staff or Governors to report to them private communications between other parents that the school doesn’t like, are illegal and an attempt to override the law, and no school staff or Governors can be compelled to comply with such illegal policies and in fact is breaking the law themself if they report it to the school with the intention that the school will misuse this personal data for their own purposes without the written consent for this change of use from the data owner (the parent who shared this information in the private messages). In this context both the individual who provided the data to the school and the school itself have breached GDPR and are liable to be prosecuted.
If another parent who has no professional connection to the school and is just a busy-body reports private communications between other parents to the school, if the school then processes that personal data from the private conversations and uses it for organisational purposes the school is still breaking the law. In this scenario the person who reported the data to the school cannot be prosecuted but the school still can be if it processes this data without the individual’s consent.
That is why this case is so amusing (aside from the horrific impact on the child who was forced to change schools, and put at risk by staff breaching other regulations and implementing an illegal “communication policy” and refusing to communicate with the parents of a child with a disability except by email, and the horrific impact on the family of having been falsely arrested): the school has inadvertently admitted to multiple breaches of the law and regulations i.e. GDPR, the Children and Families Act 2014, the Education Act 1989, the statutory SEND Code of Practice 2015. The police have found no evidence that the parents have committed any offence at all, yet the school has opened itself up to prosecution if the parents were so minded because its own public statements confirm it has broken the law multiple times, most likely through utter cluelessness amongst both the teachers and Governors/ Trustees about what their legal responsibilities entail.
These parents don’t seem vindictive so I doubt they’ll want to go through the hassle of prosecuting the school, having already moved their child to what I hope is a better school, where proper safeguarding and legal compliance will be in place (not much to expect, really….).
However, this case should make schools think twice and perhaps take the time to read up on the law governing their profession. They have a duty of care to vulnerable minors so you’d think legal compliance would be high on the priority list. Less reasonable parents, if treated in this way, could very easily have the staff hauled up in court.