AIBU to take this as far as I can?

[TheDetective]

Vague thread title. Sorry.

At the weekend, it was brought to my attention by a person who I have never met, but know through MN, that she supected someone someone was referring to my son in a Facebook group.

Screenshots were sent, and indeed it WAS my son that was being referred to.

The post was made by his nursery owner/manager. The initial post wasn't an issue. She was asking for advice about him returning to nursery, as he has broken his leg and is in a full leg cast.

However, the replies with her follow up have left me utterly speechless. I spent over an hour shaking with anger and upset.

This is a direct quote... 'I know my initial thought she is a nightmare of a parent too checks everything we say with the LA and the little boy is showing signs of ADHD so I can see why she is desperate to get him back going to do everything that's been suggested on here then ok it all with LA before I speak to her tomorrow as I'm sure she will be on the phone to them straight after'.

So, my son has signs of ADHD (at 3) and no one thought to mention it to me, his parent? That is despite the fact there have been numerous occasions where they could do so. And the fact that they know I have concerns (but not ADHD!!) and my HV wanted their opinion in order to refer him. I've been led to believe he's absolutely fine.

Then there's the issue that she felt it was appropriate to share this in a Facebook group with 13,000 members, before she had shared it with me.

The fact that my son was identified through her post by two separate people, one of whom has never met my son.

I have gone straight to OFSTED and to the LADO to escalate this.

I'm so angry though. As she owns the nursery, it feels like there will be no come back for her.

Aibu to push this as far as I can take it? Or should I just let it go?

Ok. This is a breach of data protection as it involves identifiable information being put in a public forum by someone who has the information for a specific purpose - ie the care of the child. As its health information it's an even more serious breach. Health information is particularly strongly protected in law. Here is a link to the Information commissioners office and how to get advice and complain. I would go for it and take it as far as you can. Stress that two people told YOU about the postings as they identified your ds from what was said. www.gov.uk/data-protection/make-a-complaint

Yes, contact the school too. I would also make sure other parents were aware, especially if she owns it. If this happened to someone in our nursery, but not me, it would make me wonder what the owner thought and said about me and my child, and whether she'd potentially post identifying information about my child. It's a gross abuse of trust.

Good luck OP. I would be raging.

Wow I'd would be absolutely raging!! Forget the nice person in you, this is unforgiveable and a huge basic no no when it comes to work and social media.

I would have done exactly as you have. Surely ofsted will have something to say about this, given she is the owner. Word will probably get around too. I'd probably contact the school later on and tell them why you are unable to send your child to their school. Unless she decided to leave anyway.

Even if she owns it, Ofsted will be on her back, requiring improvements etc... It should go on her Oftsted report and so on (I would imagine it can also put the nursery as 'requiring improvemnet' status)
Ofsted cannot close the nursery but they can be on her back to ensure she is putting in place what needs to be done, incl training for her about not giving away confidential information on FB.
That sort of thing can cost her a lot financially if people are then completely put out by it (as you are re your decision to not use that school for your ds).
The school, if she manages the after school stuff, would want to be involved too.

This person actually owns the nursery and put those comments on Facebook? How dumb actually is she?

Go to the press OP. Absolutely ridiculous.

check the contract you signed with the nursery for clauses on confidentiality and the policy about publishing photos. Most likely that she has breached her own confidentiality clause. In addition, her comments about you could constitute libel. Take screenshots and contact a solicitor. The fact that she owns the nursery is completely irrelevant imo.

point of contacting solicitor should be to make her delete the photo of your son and her comments about you, and warn her about the use of data generally.

catsrus gave the correct advice, this is a serious breach of confidentiality. It may also be a breach of the Computer Misuse Act.

Honestly? I would go through the proper channels (school, ofsted etc) but then I would also go to the press. As she is the owner rather than a member of staff, she should know better.

In addition to the advice from Castrus you should still pursue the Ofsted and LA channels that you are already doing.

You could also take legal advice about a breach of contract though that channel will cost you money and I'm not sure what it would achieve on a practical level.

wow id be furious too, id take it all the way and contact the school too, I'm a nurse and wouldn't dream of mentioning a patient or relative on Facebook.

And don't go to the press - it somewhat weakens your position to splash the information publicly on a nationwide basis when you are complaining about her doing it on a small scale.

With the nice side of you, would you be so generous if it was another service provider like internet,water, electricity, etc that had said "daft woman doesn't know where the switch is". I am sure you wouldn't be so nice. She looks after your son, but you have already removed him from the situation THEREFORE go all guns blazing my dear. Get everyone you can to got at it.

The school and local authority will be paying for some sort of wrap around care from their budgets. They won't look kindly on this.

And consider libel issues as well. Honestly, don't question your gut reaction to this. It's appalling.

How was your son identified through the post?
Is it just that people know which nursery she works at and that your son attends there and has a broken leg so it must be him? Or were any of his personal details revealed?

Yanbu

Scandalous

If I was a prospective parent I'd appreciate the heads up.

i wouldn't go to the media either unless no-one takes this seriously, you lose the high ground on privacy.

Terrible and unprofessional as it is I wouldn't go anywhere near the press. You'll be presented as a sadface parent with your business splashed across the Internet.

I'd definitely contact the school and ofsted armed with screenshots, are the posts still there?

I was going to post a similar comment to crabbie with regard to the press. You won't be able to remain anonymous and readers will have no sympathy with you

Her comments were very unprofessional. She should have just stuck asking for advice re the broken leg. As a mother I would have no problem with staff asking that sort of question if they haven't dealt with this situation before but to then start slagging me off - not on at all.

How terrible I am so angry just reading this. Can you please report this to the school governors/Head of the school? They will be horrified if they've got any sense. I don't think that's an overreaction if she was sharing those details what else would she potentially do about another child, and now your entire plans about schooling are up the spout. How horrible.

I personally wouldn't go to the press, as nobody really needs another Daily Mail sad face story, but the school should be aware of the possibility.

They actually named your child on Facebook with public settings? I'd take it as far as possible. I assume it's a breach of data protection if he was named.

See a solicitor. A good one.