To be unhappy at finding my child's psychology reports in the Village Hall? And that the Head reported me to the police for taking her documents home?

[WHMum1806]

I found my DD and dozens of other kids school Special Educational Needs records in the Village Hall store cupboard (next to the school). These documents included psychology reports, learning plans, emails between parents & teachers and all their personal name and address details. The cupboard is locked but accessed by many parents and other people in the village not connected with the school. It is 100% NOT the place such sensitive information should be stored.

When I informed the Head her first response was to move the documents, her second was to report me to the police for theft as I had taken my daughters documents home with me for safeguarding until I was sure the school could look after them properly.

I try not to 'sweat the small stuff' in life but this and her subsequent disrespectful attitude has left me pretty annoyed.

I have been through the school complaints procedure and whilst acknowledging the data breach and lack of security, they seem to think calling the police (who turned up and discussed this in earshot of my DD who had no idea her documents had been compromised and was deeply upset) was perfectly reasonable response from the Head.

All I wanted was to be sure my DD's documents would be safe and stay safe (through a thorough review of how this happened) before I gave them back. My DD has left that school to go on to secondary but they need to hold her records until she is 25.

I would welcome any thoughts and advice - particularly if any Mums are involved in data protection or safe guarding of children.

As others have said report to ICO, this is dreadful conduct on part of the school, serious lack of regard to safeguarding.

The call to the police to report you is trying to deflect the blame.

I agree that the report belongs to you in any event so how you can be deemed to have stolen something that is yours is beyond me. Very disingenuous of the head teacher.

Not to mention the fact that the police will not be interested in this as it will be considered a civil issue, they have real crimes to investigate and are low on numbers.

Complain, complain, complain.

Call the local paper?

She’s reported you to distract from her. Report her. What she’s done is inexcusable

Ofsted would want to know about this.
They should be on school premises and only accessible to certain staff.
hell, they gave my dd school 3 weeks to improve safeguarding and they only left a file out on the heads desk.

1. Report her to ICO. She may not realise how much she could be fined. but I think she's in for a shock.
2. You borrowed the documents for safekeeping, you did not intend to keep them. It isn't theft.

Thank you for all your comments - I'm on it with the ico!

I don't think the police handled it brilliantly. They agreed it was a complete waste of time but the definition for theft is tricky, as above, the intent has to be to 'permanently deprive' but where do you draw the line on how long I can hold them for and what I can reasonably expect the school to do to re-assure me of their safety? The problem started when the Head reported it as theft as the Police then had to go through the motions (or be accused of under reporting crime). That was their take anyway!

BTW the reason I didn't hand the documents back was that the Head had not done any of the obvious things you would expect to find out how this had happened and hence prevent a repeat - and showed no intention of doing so. 'We'll never know but it's definitely not my fault' Very closed, defensive and constant police threats. I handed them in the the info security team at the LEA in the end for safe keeping.

Absolutely report it to the ICO. If I did something like this with the sensitive personal data I handle at work, then I would lose my job and rightly so.

The HT should have dealt with this as a data breach and self-reported to the ICO. The fact that she didn't means they are likely to take a very dim view of her actions as she has not recognised the seriousness of the breach - which strongly suggests that the school's data protection policies are clearly inadequate.

You can contact the ICO on 0303 1231113. They are generally very helpful and I am sure they will be able to give you some guidance on next steps.

That's pretty shocking all round - both the insecure storage of sensitive files and the Head's deflection of blame onto you for taking material pertaining to YOUR DD! How is that stealing, if it's about your DD? I don't understand that either.

Hope you do report it, I think you really should.

So has the HT put all the records somewhere else?

If so how can she show that you ever had possession of your daughter's records?

Sorry, xpost. That will teach me to watch tv while on MN!

That’s shocking OP! I’d report it to the Local Authority Safeguarding lead within Social Servs. And tell the Head you have done so!

Also, I think you can argue since you told the Head you have DD’s record that it is not theft as there was no intention to permanently deprive. Or perhaps you could hand the record to Social Services?

I would report to the ICO, your education department (so council or county), Ofsted and copy the chair of governors. I would be absolutely bloody furious

The police can't prosecute for theft as theft is described as permanently depriving someone of their possessions through dishonesty.

The OP committed no such offence

Definitely let the LEA know. They need to be sending a clear reminder to all their schools about how they hold data. I work for an LEA and we are constantly being reminded that this kind of breach can result in fines of hundreds of thousands of pounds. What that Head did is shocking.

It wouldn't be in the publics interest to charge you anyway. Nothing will come of the police.

This situation is shocking!

I would be livid.

I hope the ICO complint works out and the school are forced to reassess their storage responsibilities.

The head's response was unbelievable!

I would be incensed in your situation and would write to my MP, the LEA and anyone else I could think of (probably Ofsted too)....

Op, please do let us know what the ICO do if you're able to without outing yourself. I'd be very interested to hear their response (and any other agencies you involve).

Completely agree with GrainOfSalt that by calling the police she has absolutely shot herself in the foot.

Head: Officer, Officer, I've been storing all these sensitive documents in the Village Hall, in a cupboard many people can legitimately access! Come and witness that I did so!

How many people with access to that cupboard have had a casual read of those files I wonder?

...or used a sheet to scribble notes on...

Sounds like the head is trying to frighten you into not reporting the data breach.

I am very confused as to why ANY school documentation is at the village hall. Why would it be?
I work for an LA in education and go into schools regularly to look at certain papers. They are all held in the School, even archived files.
I can’t think of one reason why papers would be knowingly somewhere else.

If you haven't already write an accurate factual time line of events so far. Also worth telling ofsted and cc head of governors. If there are multiple external and internal investigations running concurrently Head will have nowhere to hide.

You've, without doubt, got a strong case here OP with regards to data protection and safeguarding.

As a teacher who previously worked closely within a SEN dept, confidential info shouldn't leave the premises. Also as a PP pointed out, records move with the student to high school and it is high school who keep them until student is 25.

We don't allow personal stuff like this to leave the school.

I'd take this further. My hunch is that head knows they're at fault, so has heavily deflected this to intimidate you.