Teacher crossed a line

[Batshitcrazy82]

My dd is in year 6 and she has recently started having counselling for complicated grief, originally over the phone but she had her 1st face to face session the day before the end of term, she missed a hour of school and just told her friends she had a appointment. On the last day of term she asked her teacher for a pen and her teacher replied in front of the whole class "no because when you left for your counselling session yesterday you left a lid off" my daughter is really upset as she doesn't want her private business broadcast to a class full of children. I feel this is a safeguarding issue a d have messaged the headteacher but have had no reply. Aibu to be so angry
Over this?

You've clearly had training, but it hasn't had the desired effect. If you think you can make absolute comments, like 'this isn't a GDPR/Safeguarding issue' then that training was wasted.

We don't know the details. On the strength of the info that OP has given us, it could be an issue or not. Your insistence that it is not tells me that you don't understand the principles of either GDPR or Safeguarding. Not really.

@ddl1

I realize I'm getting just as off-topic and irrelevant as a few of the other posters; but: why in any case is leaving the lid off the pen so important? An ordinary biro will not stop working because the lid is removed, even long-term. I hope the children are not being required to use fountain pens (the bane of my own school life) or similar in the 21st century!

Anyway, I realize that this is a bit off-topic! Very best wishes to the OP's child, and I hope that she does not suffer too much from this incident.

Some school writing pens are ink pens. This is an example.

@EnidSpyton, the very fact that the child was attending a counselling session is "special category" data. (Data = facts BTW)

"Schools must also report data breaches when sensitive personal data is compromised.
Sensitive personal data is a specific set of “special categories” that must be treated with extra security.
It covers information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, health data, sexual orientation life and criminal convictions and offences or related security measures.
These types of details are likely to exacerbate any discrimination, so organisations are expected to take extra precautions to protect them – and to treat breaches of such information more seriously."

www.itgovernance.co.uk/blog/personal-data-breaches-in-schools-to-report-or-not-to-report

If there is the possibility that the child will be teased or bullied because of the data breach, then it's a VERY serious breach. You have your head in the sand over this - but the school needs to wake up.

www.hayesconnor.co.uk/data-breach-claims/school-data-breach-claims/

@TortoiseShed

And clearly, the precise treatment someone is undergoing in a fertility clinic does not need to be detailed in order for it to be a breach of privacy. Whether it constitutes a GDPR breach is another issue (which won't be decided based on "teacher and governor I've had training"'s say so btw). But if you want to compare the two things, then I don't see that they're wildly different (apples and oranges).

See? My interpretation is different to yours. That's why we have more than one legal expert in the country. You don't get a bit of training and then tell people not to use the legal process which is there for them to use, (reporting what they feel is a breach). Yes, it could well go nowhere, but that doesn't mean the op isn't allowed to report it because Enid says so.

Hear hear.

@TheChiefJo

You've clearly had training, but it hasn't had the desired effect. If you think you can make absolute comments, like 'this isn't a GDPR/Safeguarding issue' then that training was wasted.

We don't know the details. On the strength of the info that OP has given us, it could be an issue or not. Your insistence that it is not tells me that you don't understand the principles of either GDPR or Safeguarding. Not really.

The OP said her child's class were in a position to overhear the fact that her daughter had a counselling session. She didn't say the class had been told why she had the counselling session.

I am basing my advice on this information.

The information that someone has a medical or counselling appointment alone - no details given of the reason - is - according to the training I have received - not considered specific enough to count as a data breach under GDPR regulations.

I have clearly stated that if the class had been told the REASON for the counselling appointment, there may be a breach of GDPR involved that may be worth pursuing.

I have not said anything here that is factually inaccurate according to the training I have received.

I really don't understand why so many people are taking umbrage at this. I am just stating how the GDPR regulations are interpreted when it comes to what is classified as sensitive data in a school setting. Whether you like it or agree with it or not, those are the facts.

[quote TheOnlyKoiInAPondOfGoldfish]@EnidSpyton, the very fact that the child was attending a counselling session is "special category" data. (Data = facts BTW)

"Schools must also report data breaches when sensitive personal data is compromised.
Sensitive personal data is a specific set of “special categories” that must be treated with extra security.
It covers information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, health data, sexual orientation life and criminal convictions and offences or related security measures.
These types of details are likely to exacerbate any discrimination, so organisations are expected to take extra precautions to protect them – and to treat breaches of such information more seriously."

www.itgovernance.co.uk/blog/personal-data-breaches-in-schools-to-report-or-not-to-report

If there is the possibility that the child will be teased or bullied because of the data breach, then it's a VERY serious breach. You have your head in the sand over this - but the school needs to wake up.

www.hayesconnor.co.uk/data-breach-claims/school-data-breach-claims/[/quote]
Again, not true.

The fact that someone has attended a counselling session is not special category data.

The reason for attending the counselling session would be special category data.

I really can't understand why it's so difficult for people to understand the difference here.

Fucking hell, why are people arguing the legalities.
There is a child here who is upset, this could really set her back, poor kid
I'd make a huge fuss about this

It’s not a safeguarding concern; it’s a potential privacy/ confidentiality concern. It’s certainly insensitive, if occurred as recounted. The first port of call is the teacher to ascertain what happened from their perspective. It may be that the teacher realised and wishes to put right with your child. Then, if not happy, the Headteacher. It is half term this week, so, even if a Headteacher is picking up emails, they are not obliged to reply until the published timescale from Monday. OOO replies are best used in this circumstance. Wellbeing wise for parent/ child a headteacher might reply, but then might weigh up with the impact on own wellbeing in a short holiday by a longer email trail starting!

If this occurred, what is the outcome you wish for? An acknowledgment, an apology or more serious? It would make sense to think to how this might be resolved for your child (not so much you).

God there's no need to argue about that, OP can report if she likes. Nothing will come of it but if you want to try by all means do. The important issue as a PP said is that the schools deals with it to ensure it isn't repeated. It was a very tactless thing for the teacher to have said.

Hi op. I'm a teacher and agree that the teacher is clearly at fault here. I do hope that it was a thoughtless mistake rather than anything cruel or vindictive. Your update does rather suggest that she tends to speak without thinking, which is annoying but preferable to the alternative.

I just wanted to say that you shouldn't be surprised that you haven't had a reply yet. Even though you emailed before 4pm, the Head may not have seen your email until the teacher had left for the Half Term break. She will want to hear the other side of the story.

Do have a think about what it is you are hoping for, for when you meet. I assume an apology?

Surely counselling is like any other appointment. We are all encouraged by Oprah and others to be open.
The teacher could have said 'appointment '.That would have covered everything.
Still,let's all get irrate about it rather than the hundreds of thousands of children who have missed a year of schooling.

@sadperson16 I don't really understand how children missing schooling has anything to do with this issue.

Because it's about perspective.The OPs daughter and the entire family have been through something terrible.Thankfully some help is in place.
One teacher made a clumsy and regrettable remark.

Surely counselling is like any other appointment. We are all encouraged by Oprah and others to be open.

If you’d be happy for your manager to tell colleagues you’re at a counselling appointment when you’ve chosen to keep it private, then yes. Many, many people wouldn’t be and should have that choice.

You keep repeating this but you are not the arbiter of what constitutes sensitive information.

For one, I think the reference to counselling is sensitive enough to make this questionable. I do not presume to know for certain in this case. You do presume. That means you didn't understand the training or the training wasn't good.

The reference material available online merely gives examples. It doesn't arbitrate this.

@sadperson16

Surely counselling is like any other appointment. We are all encouraged by Oprah and others to be open. The teacher could have said 'appointment '.That would have covered everything. Still,let's all get irrate about it rather than the hundreds of thousands of children who have missed a year of schooling.

She didn't need to mention counselling at all. You might deem it just like any other appointment but that doesn't apply to everybody.

And it has no relevance whatsoever to missed time at school.

"Again, not true"

You don't know. .

"The fact that someone has attended a counselling session is not special category data."

It can be.

"The reason for attending the counselling session would be special category data."

Obviously.

"I really can't understand why it's so difficult for people to understand the difference here."

I really can't understand how you can't understand that the nature of an appointment - rather than the appointment itself - absolutely can be sensitive. Especially in the case of OP's child, where they consider it to be sensitive.

@sadperson16

Surely counselling is like any other appointment. We are all encouraged by Oprah and others to be open. The teacher could have said 'appointment '.That would have covered everything. Still,let's all get irrate about it rather than the hundreds of thousands of children who have missed a year of schooling.

Being open is a choice, in circumstances and situations that the person chooses. Not out of nowhere, with no warning, no consent, in front of all your classmates because you asked for a pen.

The children missing out on schooling is irrelevant to this situation.

Furthermore, the OP and her DC had told the school in confidence. This has baring on the matter. We don't know if OP reinforced the fact that they consider it sensitive or confidential when they told the school. We don't know if the HT communicated this to other teachers. But these details have baring. This is why I'm suspicious of people who rock up saying "this isn't sensitive", because they are not in a position to say. This is grey area. The details will count when an informed authority makes this call.

What is gained by reporting it? A fine (from a state school which is probably short of money)? A sacked teacher (Year 6 really isn’t considered a great year to teach so a succession of supply teachers)? A reprimand and training (surely it is best to wait to hear back from the Head who can deal with this without adding hours and hours of admin)?

I would be really upset having my personal medical information shared but it was a mistake. Why not try to sort it out on a face-to-face level?

I have worked in a school where we had an on-site counsellor that lots of children - and some parents - accessed. There were lunch time drop in sessions and bespoke sessions for specific children who may have been referred by their parent or through discussions with the Senco / parent. It was always a very open situation - children willingly spoke to their friends about having a session with “lucy” the counsellor. I have mixed feelings about this situation OP. Yes, we all have a right to privacy, so in that respect what the teacher did isn’t acceptable. However, one could argue that in the current climate of supporting our mental health, shouldn’t we be open about what support we are accessing? After all, if someone were leaving school early for an appointment at the doctors, or need to go to the first aider for their antibiotic medicine, or most other medical situation, no one would think twice about it.
Keeping anything pertaining to our mental health hush hush is just continuing the belief that it’s something to be embarrassed or ashamed of.
That being said, it wasn’t the teacher’s place to mention the session in that way.

@Soontobe60

I have worked in a school where we had an on-site counsellor that lots of children - and some parents - accessed. There were lunch time drop in sessions and bespoke sessions for specific children who may have been referred by their parent or through discussions with the Senco / parent. It was always a very open situation - children willingly spoke to their friends about having a session with “lucy” the counsellor. I have mixed feelings about this situation OP. Yes, we all have a right to privacy, so in that respect what the teacher did isn’t acceptable. However, one could argue that in the current climate of supporting our mental health, shouldn’t we be open about what support we are accessing? After all, if someone were leaving school early for an appointment at the doctors, or need to go to the first aider for their antibiotic medicine, or most other medical situation, no one would think twice about it. Keeping anything pertaining to our mental health hush hush is just continuing the belief that it’s something to be embarrassed or ashamed of. That being said, it wasn’t the teacher’s place to mention the session in that way.

"We" should be if "we" choose to do so. Not have it forced on us for the "greater good". Would you be comfortable with the head announcing your counselling sessions in the middle of a staff meeting?

Counselling can be due to any number of circumstances; addiction, trauma, grief, PTSD, marital breakdown, OCD, etc

Precisely, @EnidSpyton. So it is not, as you claim, the same as just saying a child has been to the doctor's: a counsellor will be giving treatment for a specific subset of mental health related problems all of which are very sensitive. It very obviously comes within the GDPR category of sensitive information.

You keep saying that you must be correct because you've been given training. As a school governor, I have sat through training which happens to relate to my field of expertise which, frankly, was poor quality. I don't understand why you assume your training must be infallible.

Still,let's all get irrate about it rather than the hundreds of thousands of children who have missed a year of schooling

Huh? Why are you assuming @sadperson16, that people who object to this have no problem with schools closing down? It is possible to get irate about more than one issue at a time, you know.

@AccidentallyOnPurpose

Actually, I had a few sessions after my sister died very suddenly of a seizure and I was unable to help her. School arranged the sessions and it wasn’t something that I kept to myself.

Did you notice the part where I said that she had a right to privacy and the teacher was out of order?