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’m saying this needs to be actioned and the governors contacted, as well - I taught briefly and was on the board of governors for a local school. OP needs to kick up a stink, I’m afraid. And yes, the teacher needs to be disciplined.

Well nobody can diagnose anyone with anything unless they're a doctor a psychiatrist. If she used those words then of course it's unprofessional.

If she did have concerns then she should have spoken to you privately. Even then she isn't in a position to diagnose anything.

Good luck OP. I'm sure the very serious safeguarding matters and violence within schools that Governors have to deal with every day will be put on hold to deal with this issue.

I raised safeguarding concern and that has been dismissed

Many teachers like myself, have responded on this thread to say that it was unacceptable. Teachers, nurses, doctors, social workers etc, are not allowed to say stupid things to parents etc. We might say stupid things to each other, but we simply cannot discuss a pupil's possible special need in the earshot of other parents. We just can't.

This teacher needs at least a verbal warning, and the HT should have accepted that there was unprofessional behaviour, and let OP know that further training would be put in place. Job then done.

Honestly op. The teacher was widely out of order to say it publicly like that . I'm glad that you said something to the head but the reality is the governors are likely to be uninterested in something like this and in the main always back the head . If you plan on keeping your dd on the school , it wouldn't be a hill I would chose to die on in case I ever needed to engage with the head of a different issue.

It's not a safeguarding concern. Why don't you focus on your own career instead of trying to decimate someone else's.

It will also create unnecessary work for the SENDCO who, as far as we are aware, has done absolutely nothing wrong and already has one of the busiest and most stressful jobs in school.
Now that the possibility of ADHD has been raised it would be entirely reasonable for OP to contact the SENDCO to ask for a conversation about it. But "repeatedly" contacting them with the intention of being "a PITA" because she didn't like the HT's response to her complaint is petty and vindictive.

If OP isn't satisfied with the HT's reaponse she needs to follow the schools complaints policy.

And it's about failure to respect privacy and confidentiality. There is a time and a place to raise concerns and this was not it.

It won't decimate anyone's career. The teacher would get a verbal warning, and the staff reminded about confidentiality in the next staff meeting.

This was a simple matter for the head to put at rest, but she blew it.

Thats bollocks. Make formal complaints and escalate it up the ladder

The term 'safeguarding' refers to the protection of children from neglect, abuse and other forms of significant harm.

I do think it's fair to say that the way the Teacher handled this situation was unprofessional, if it happened exactly as you describe, but it is not a safeguarding concern and the school were right not to treat it as such.

Absolutely rubbish response from the HT to say that the teacher was speaking in a personal capacity and not with her 'school' hat on! I'm a retired AHT.

Not the official view of the school! But the teacher is representing the school so her word is from the school and on the school grounds. This is awful.

Contact the Governors now and if you don't have a suitable response from them then you contact County and Ofsted. I would be more incensed about the HTs response than anything else. Does this mean that all teachers are 'allowed' to say and do what they like and claim they are acting on their own behalf. Absolute batshit!

Is the teacher employed by the school? You say she only has your DD for music so is this a self employed peri teacher or someone who works for another organisation hence the personal capacity remark? The head should then raise with the other organisation if they work for another organisation, and then should reassure you that it’s dealt with or self employed, they should have had a word. If she’s not directly employed by the school, then it would be the organisation they work for taking action not the school. I had an issue in PE with DC1 and asked the head to investigate - outside company, he spoke to various people and then told me he had phoned the head of the company and the actions that both the school and the company were taking - I had no problem with that response.

@MrsJLL I agree with other posters, that this is not a safeguarding issue, and by claiming that it is, you are undermining your case.
If you do take the complaints procedure further, drop that part completely, and focus on confidentiality and a breach of professional standards.

I would be going to the governors for many reasons
She only knows your child because of her role as a teacher at her school. In such a situation, the information learned through that role is covered by the role regardless of when it is discussed. Its the same as healthcare. I couldn't get away with discussing such matters because I said it in Tescos and when I was not working.
She has no diagnostic qualifications and should not be behaving as though she has, let alone "diagnosing because she is like other kids".
If she does have concerns these should be addressed in private and be fact based as well as being discussed in an appropriately professional manner.

I know nothing about how schools are run but Its my opinion that the head is talking BS and that her response should be complained about too.

I am pretty sure it is a safeguarding issue, along with a breach of confidentiality (for expressing their opinion your child has a suspected diagnosis of ADHD - doesn’t matter whether it is correct or not) and breach of professional standards for doing do in a public place.

I appreciate they may be a peripatetic teacher, rather than a PGCE trained, but they are nonetheless employed by the school. The HT has, as other teachers have stated, failed in their management duties to recognise this and act accordingly.

In tandem, I would ask to speak to the SEN and form teacher to actually ascertain whether or not there are actual grounds for concern and whether a referral needs to be made for assessment. Again, this should have also have been done by the HT in response to your initial complaint and the outcome (it a referral necessary/not necessary) documented. Whatever the outcome, I’d expect a profuse apology to be issued.

What the teacher did and the headteacher's response are both really unprofessional and I'm quite shocked. However, I think you need to consider what you want to get out of complaining, now that you know they are going to close ranks and protect their own. If your daughter is happy and you want her to remain at the school, then it's not going to help her if you're on bad terms with the school. If you take it further, even if the teacher is eventually reprimanded, you might feel better but it's not going to help you or your daughter. It might make things worse though.

You're being unreasonable not to know that ADHD isn't a mental health issue.
And I hope your child didn't see your shame.

But apart from that, the school is nuts. If a teacher is considered to be acting in a personal capacity when talking to parents, any teacher could do or say anything.

I don't understand what they mean about was talking in a personal capacity? She was giving an opinion about a child she taught, how is that not in a professional capacity. It was also on the school grounds where she approached you.

I am a teacher and this has been dealt with terribly. Firstly, that teacher isn't qualified to say what she said anyway, secondly it should absolutely have been said in confidence and thirdly you shouldn't be springing such a big thing on a parent.

Finally the headteacher has dealt with it terribly! I would request a meeting in person to discuss it further. It's not right that they are trying to sweep this under the carpet. They need to be accountable and apologise.

If I did the above (which I never would) my head would, quite rightly, not be happy with me!

I'm a retired Scottish secondary school middle manager. It seems to me that the HT is trying the old 'nothing to do with the school' line.

In Scotland, the teacher's behaviour would be reportable to the General Teaching Council, even if she were not on or near school premises.

The fact that she wasn't actually in the building does not mean that she hasn't breached confidentiality—she knew that she had an audience.

I'm sorry that I can't give you more help. Up here, I'd be complaining to both the Director of Education for the Local Authority and the GTCS.

My complaint to the DoE would include the fact that the HT has failed to take action. As I said, I'm in Scotland, so perhaps my view is irrelevant. I'm surprised that at least one response has said that the HT did nothing wrong: to my mind, they should be ensuring that their staff behave in a professional manner.

I've just Googled the updated code of conduct for Scottish teachers:

"You must treat sensitive, personal information about learners with respect and confidentiality and not disclose it unless required to do so by your employer or by law."

https://www.gtcs.org.uk/documents/pages/code-of-professionalism-and-conduct-02-the-code

Completely unprofessional behaviour from the teacher. Sharing sensitive medical information should be done properly and in private. The Head and the teacher should have offered you a fully apology. This is not on.

Completely unprofessional behaviour from the teacher. Sharing sensitive medical information should be done properly and in private. The Head and the teacher should have offered you a fully apology. This is not on.

Surely acting in a personal capacity would possibly be an excuse if she’d collared you in the aisle in Sainsburys on a Sunday but on school premises she’s acting in a professional capacity! I work in a school and any communication we have with parents are in a professional capacity on behalf of school!!! We aren’t allowed to have those sorts of conversations without a bank of evidence and in conjunction with the send coordinator! And there must have been regular touch bases with the parent previously ‘I’m concerned x is struggling with sitting. I’m concerned x is struggling to focus etc with no mention of a possible condition which btw can’t be diagnosed by a teacher anyway! A referal must be made! As you’ve had no luck/ sense from the head which is appalling then I think a letter of complaint to the governors is in order.