To Think That DD School Are Covering Up Teacher’s Unprofessional Behavior

[MrsJLL]

DD is age 10. She bright and sporty. Very sociable, happy at school and doing really well.

I was recently at the school gates waiting to collect her. The mums tend to stand around chatting in little groups.

I was stood close by to many other mums but was just checking something on my phone so was alone but only about 1 to 2 meters away from everyone else.

A teacher approached me and unbelievably announced within earshot of the many of other mums that she has diagnosed my daughter with ADHD because apparently she acts like the “other ADHD” kids that this teacher knows

I was really shocked and upset as we have never had any SEND contact and this teacher is just a class teacher. Other mums definitely heard what the teacher said and also saw me being upset. The teacher then walked off after I got upset and refused to elaborate.

I subsequently made a complaint to the Headmistress about the teachers conduct and the fact she had discussed sensitive medical information in a public place, thereby breaching data protection /GDPR.

The response came back from the head that the teacher was not acting on behalf of the school when she said those things to but was speaking in her own capacity and on her own behalf.

Therefore, whilst it was regrettable, she hasn’t done anything wrong and neither has she breached any data protection laws because the information she gave me about her opinion of my daughter’s mental health was not the “official view of the school” so it doesn’t matter that it was overheard by various people.

The Head then reiterated how confident they are in this teacher’s professionalism.

That is apparently the end of the matter as far as the Head is concerned.

it has really upset me and I feel like the school are covering up for this teacher.

AIBU?

what should I do next?

I would be submitting a complaint to the chair of governors and the LEA, assuming this is a state school, regarding the classroom teacher and the head. The school are responsible for the teacher's conduct when acting within the capacity of a teacher. She is speaking to a parent, on school premises within school hours about a pupil. It it completely unreasonable to suggest that she is acting outside of her teaching role.
She should not be having this conversation with you in this situation, it is confidential and is not a quick chat at pick up. She should also have given the opportunity for the other parent to be present if appropriate.
Unless she has had a very varied career she is not qualified to diagnose anything, she's a teacher. She may have concerns which she feels need further investigation, but that should be done by a professional. Not her. And if this is required this is instigated by you, the parents hopefully with the support of school.
I would be utterly furious with her but more so with the head as obviously this speaks of wider issues with the management.
I am giving the OP the benefit of the doubt and taking the incident as she has reported it.

You’ll find the complaints procedure on the school website. Follow that. The head is being ridiculous today that the teacher is speaking in her personal capacity. She’s not your friend and you were at the school at the time.

i’d also contact the SENCO. Speaking as the mother of a DD who struggled all through secondary school with undiagnosed ADHD. I’d look into in case the teacher is right but she may well not be as she doesn’t seem to like your Dd.

This - the HT is talking absolute BS, and this would annoy me far more than the original event.
My complaint to the governers would cover the behaviour of both staff.
Do you know the people who saw and heard?

This has a huge potential to negatively impact your child. Its now easy for this conversation to be repeated and heard by classmates and potential for it to become a playground issue. I would not let it go, the teacher has behaved awfully.

I would get independent legal advice. The school aren't going to admit the teacher is in the wrong and If you have only verbally put in your complaint, you need to follow it up in writing after you've gotten the appropriate advice.

If she was speaking after school, in the playground, she is certainly still in her 'directed time' for working hours. Therefore, must have been speaking in her professional capacity.

Teachers can't diagnose. We can observe and share these observations privately to see what parents want to do next, following referral process.

Not saying it applies in your case at all, but the teacher also needs to look into the effects of trauma on children - it can have a surprisingly similar effect. They were way out of line.

The response from the HT is infuriating. Personal capacity? In school grounds? When you have no relationship outside the school?

I’m in Scotland, and like a PP has said, but this could definitely be taken to the professional registration body for teachers. So unprofessional.

Im more going along the lines of getting someone senior to put in writing that this is a school matter and why, so that the op can then show it to the governors if they say it’s not a school matter

Yes and that’s what I’m saying. You could say look I’ve been advised by the dfe this is a school matter, you gonna argue wit them and hide behind teacher acting on their own accord?

Sorry to the previous posters. I know this is probably wasting these people’s time but sometimes pissing off the right people is how you embarrass an institution into acting properly.

But that is absolutely not the LADO's job.
They will be busy dealing with extremely serious and complex safeguarding cases, including allegations of sexual abuse. They are not there to provide a listening service for disgruntled parents or tell HT's how to deal with complaints. It is absolutely nothing to do with them.
If OP is not satisfied with the HT's response she simply needs to follow the schools Complaints Process, which will be on their website in order to escalate her complaint.

I would write to the governers

But the tra might be more appropriate? As this is about teacher conduct? No point going to the governors if they’ll just back up the head and this may not be gdpr so this is just one way of preempting and avoiding this argument

The TRA will only consider action where the behaviour might warrant prohibition from teaching. They don’t deal with less serious issues, and you have to have gone through all the complaints procedures available to you first. Follow the procedure as set out in the school’s own complaints policy, the next step of which will usually be to take it to governors. Governors don’t always just back up the head, I’ve been on two panels (that I can remember, probably more) where we didn’t just agree with the head and gave a different outcome to the complaint.

Ok so I’m just thinkjng then. I think it’s better to be prepared and shut down what could be a long winded process quickly. Is there anyone in the complaints process who is quite senior who could put in writing why this is a matter to be dealt with by the school to save OP this long winded complaints process?

Honestly, this such a minor issue, it will just get referred back to the head - no one is getting sacked or put on a formal disciplinary for this. Best case is that the head has a word with the teacher and an apology is received by the OP.

None of the alphabet spaghetti organisations involve themselves at this level, it was mildly unprofessional, realistically it is worthy of a word in the teachers ear from the head, and certainly an apology, but that's as far as it goes.

It’s more about shutting down the heads argument when op approaches the governors to save op the stress of a long winded complaints process

Why would you need to know this?

Re-reading the OP this is almost so crazy, it feels like information is missing.

Sorry OP - I don't mean to be nasty, but I am wondering if there is something about your initial letter to the Head that wasn't quite clear to get a response like that.

Was the letter totally focused on a GDPR breach?

I am saying this because I think it's worth revisiting to ensure the letter to the Governors is effective.

It need not be long winded. She literally just puts the complaint in writing to the chair of governors. Because the complaint also now includes the head teacher’s handling of the initial incident it would go to the Chair anyway as a Stage 1 complaint about the head. Be very clear what the complaint is about, and what outcome you wish to see. An outcome you won’t get though is knowing how the teacher has been disciplined.

Is it not strategic to put in evidence as to why the heads initial decision was wrong though? Because if the governors back the head as some pp have predicted, then it will be long winded and stressful. So if it was me, I’d preempt this argument and evidence why it was wrong. An email from the tra - even just op saying she wants to make a complaint about a teachers conduct and being directed back to the school and told why - might provide that

It actually doesn’t, because OP went through the school and wasn’t happy with the result. It’s proof of nothing, except that what what OP is complaining about doesn’t meet the threshold of the TRA and it should be dealt with by the school. That doesn’t give the complaint legitimacy.

Yes that’s what I was wondering. Is there anyone in the process that could do this?

They will always stick up for their fellow teachers but, trust me, she will have been spoken to about this and won't be doing it again.

Some posters made a really good point. Is this teacher a member of staff employed by the school, or self employed/ employed by a different agency?

In the first case, even if the governors wanted to side with the head, they can’t. It was a member of staff, on school grounds, talking about a pupil of the school , with information she gathered as part of her employment. If you explain it exactly like this , the Head has no excuse.

However, if this is an external provider , the Head is kind of right, even if she expressed herself very clumsily and you would need to take this up with whomever the music teacher’s employer is or their governing body .