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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think this is a breach of GDPR?

14 replies

HotelChocolatMMMMmm · 20/02/2021 17:55

Two children with additional needs on a CIN plan.

Have it in writing there are NO safeguarding concerns it is all about supporting their disabilities.

We were doing meetings separate but new social worker is refusing saying they are a family and all involved need to be fully aware. I don't agree on grounds of time and meeting their individual needs anyway but also about information sharing

I am arguing that it is completely inappropriate that DS's preschool who have no involvement with DD have the full indepth information of her needs. A summary yes, as DD impacts DS but that it should be proportionate as per GDPR. Likewise for DD's professionals re DS.

Before I submit my complaint I just want to check im not BU? Just to reiterate there are no safeguarding concerns.

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UndertheCedartree · 20/02/2021 18:09

I can't help re: gdpr but I agree with you about time. My 2 are on a CIN plan. There is never enough time to fully talk about their needs and the SW always needs to rush off at the end. I suspect time is the reason your SW wants to combine the meetings. Personally it doesn't worry me that we have meetings at my Dd's school but also talk about her older DB. But your views should be taken seriously - however as I've experienced 'mum's' opinion is often disregarded.

HotelChocolatMMMMmm · 20/02/2021 18:15

It doesn't bother me at all the non-relevant professionals knowing to a certain level. Ie "DD has self harmed" but I don't think it is appropriate to know that "DD self harmed due to x and this was what happened but DS wasn't even present" and the explicit details just as an example.

Social worker wants to do them both as a 90 minute meeting. We currently take 90 minutes per child.

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MrsAudreyShapiro · 20/02/2021 18:16

If you think an organisation is breaching GDPR, it is helpful to state which of the GDPR principles it goes against. You are arguing that sharing dd's information with ds's preschool goes against the principle of data minimisation.

Here is more info about the principles ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/principles

ASandwichNamedKevin · 20/02/2021 18:25

Stand your ground on both privacy for each child and time to discuss them as the individuals that they are.

HotelChocolatMMMMmm · 20/02/2021 19:32

Thank you. I'm so nervous to submit 😨

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daisyandbuttercup · 20/02/2021 20:41

What is the problem with social services? They seem to think that laws dpnt apply to them. I have 2 acquaintances who are having problems with social services on confidentiality issues

user141635812632 · 20/02/2021 20:43

I'm inclined to agree with you.

ginnybag · 20/02/2021 20:50

Yes, there is no reason for the preschool to be privy to the details, or even the discussion, around the older child.

If you are discussing health issues, this adds weight as this is classed as special category data, which requires a higher level of protection. There has to be a clear reason to disclose with a purpose which cannot be achieved any other way.

Another tack might be the position it places the two schools' representatives in - they'll be being asked to waste their time whilst the other child is discussed, and to disclose to unrelated third parties.

HotelChocolatMMMMmm · 20/02/2021 21:00

@ginnybag I have that listed too! Could you imagine being sat there for 3 hours and only 90 minutes being anything to do with you!

Not that the social worker wants to allocate anymore than 90 minutes combined when both currently take 90 minutes separately. The only person's time he is concerned about is his own.

I'm feeling more confident now!

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UndertheCedartree · 20/02/2021 21:32

The amount of derailing that has happened in the DC's CIN meetings is crazy! Sometimes we would come to the end of the hour with everyone wanting to rush off and I'd be saying 'hang on - we haven't even spoken about the children!'

HotelChocolatMMMMmm · 20/02/2021 21:35

@UndertheCedartree the whole thing is shocking. DS's sen isn't mentioned once in the plan. New social worker only found out 10 days ago he has an EHCP. When we initially combined them we would get to 90 minutes and one or the other would have been neglected completely. We have been badly let down

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LondonOx · 21/02/2021 01:59

The social worker has set this up as if it is a child protection conference, in which it would be normal to discuss the whole family. This isn’t necessary as your children are under child in need not child protection.

Instead of raising this as a GDPR issue, it would be sensible to escalate to the social worker’s team manager highlighting that you’re happy to work under the plan but with separate child in need meetings. This should get it resolved more quickly and amicably given engagement with a child in need plan sounds like it will be ongoing.

Jellycatspyjamas · 21/02/2021 02:10

We were doing meetings separate but new social worker is refusing saying they are a family and all involved need to be fully aware.

No they don’t, laws around privacy and the right to family life don’t end because you have a CIN plan. Information sharing even in child protection process needs to be relevant to the issue being addressed, proportionate (ie only as much information shared as is needed to understand the issues at hand, and limited to those who need to know.

All of those principles are breached if you’re in a situation where both sets of professionals hear everything about both children. Safeguarding isn’t an issue here so there’s really no justification - if they won’t separate the meetings, ask if the two sets of professionals can be excluded from the part of the meeting that doesn’t relate to the child they are involved with. Both your children have a right to privacy, you’re right to be unhappy about this.

HotelChocolatMMMMmm · 21/02/2021 18:45

Thank you. Have submitted the complaint. Felt like I was going crazy!

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