A teacher cannot be ‘off duty’ while speaking to a parent on school grounds about a child’s behaviour. Even if GDPR doesn’t apply, the staff code of conduct, safeguarding policy, and SEND procedures absolutely do. The head’s ‘personal capacity’ defence is not credible, it’s a way to avoid addressing a clear breach of professional standards.
I'm not quite sure from what you have said if the teacher spoke to you inside or outside the school grounds but I'm feeling whether she was one metre inside or outside the gate is irrelevant. She was speaking to a parent, about a child she teaches, using information gained in her professional role. That places her firmly in her professional capacity, and the school cannot dismiss it as a ‘personal’ comment.
GDPR covers data the school holds. The teacher didn’t disclose official school records, she blurted out her own amateur “diagnosis”. So technically, It’s not a GDPR breach but It is a safeguarding and conduct issue
You might need to check the process with the Headteacher about escalating the complaint but I assume its off to the Governors now, so what you want out of it is up to you but I would suggest, something like this:
Subject: Formal Complaint Under Stage 2 of the School’s Complaints Procedure
Dear Chair of Governors,
I am writing to raise a formal complaint under Stage 2 of the school’s Complaints Policy regarding the conduct of a class teacher and the subsequent handling of my complaint by the Headteacher.
This complaint concerns:
- A serious breach of professional conduct by a member of staff, and
- The Headteacher’s failure to address the matter appropriately, including reliance on an explanation that is not credible within safeguarding, SEND, or conduct frameworks.
1. Summary of the Incident
On
[insert date], while I was waiting at the school gates at afternoon pick‑up, a class teacher approached me and, within earshot of multiple parents, stated that she had “diagnosed” my 10‑year‑old daughter with ADHD because she “acts like the other ADHD children” the teacher knows.
Key points:
- This was said publicly, in a crowded area.
- We have never had any SEND discussions, concerns, or referrals raised by the school.
- The teacher is not qualified to diagnose any medical or neurodevelopmental condition.
- When I became visibly upset, the teacher refused to elaborate and walked away.
- Several parents witnessed the exchange.
This was deeply distressing, inappropriate, and professionally unacceptable.
2. My Complaint to the Headteacher
I raised a complaint with the Headteacher, outlining:
- The public disclosure of sensitive information
- The inappropriate “diagnosis”
- The lack of any SEND process
- The impact on my daughter and myself
The Headteacher responded that the teacher was
“speaking in a personal capacity” and therefore had not breached any school policy or data protection principles.
This explanation is not credible. A teacher speaking to a parent on or as they leave the school grounds, about a child’s behaviour observed in class, during school hours, cannot be considered “off duty” or acting privately. If a teacher made racist remarks, disclosed another child’s information, or behaved aggressively in the same context, the school would not be able to claim “personal capacity”.
The Headteacher’s response:
- Fails to acknowledge the safeguarding, conduct, and SEND implications
- Fails to recognise the reputational impact on my child
- Fails to address the unprofessional behaviour
- Appears to prioritise protecting staff over applying policy
- Leaves me with no confidence that the issue has been taken seriously
3. Policies Potentially Breached
While GDPR may not strictly apply (as the teacher was not disclosing official school records), the following school and statutory frameworks do apply:
- Staff Code of Conduct
- Safeguarding Policy (duty to protect children’s dignity and privacy)
- SEND Policy (clear procedures for raising concerns)
- DfE Teachers’ Standards, including:
- acting with integrity
- maintaining public trust
- safeguarding pupils’ wellbeing
- communicating sensitively with parents
The Headteacher’s response did not address any of these.
4. What I Am Requesting From the Governing Body
I am asking the Governing Body to:
- Review the handling of my complaint and determine whether the Headteacher’s response was appropriate and in line with policy.
- Confirm whether the teacher’s conduct breached the Staff Code of Conduct, safeguarding expectations, or SEND procedures.
- Provide assurance that staff will be reminded of appropriate professional boundaries, particularly regarding sensitive matters and public conversations.
- Confirm in writing that no SEND concerns have been raised internally about my daughter, and that no record has been created as a result of this incident.
- Provide a written apology acknowledging the distress caused and the inappropriate nature of the teacher’s comments.
I am not seeking disciplinary action against an individual teacher; I am seeking accountability, adherence to policy, and assurance that this will not happen again to any child or parent.
5. Supporting Information
I can provide:
- A copy of the Headteacher’s response
- A written account of the incident
- Names of parents who witnessed the exchange (if required) although the teacher concerned does not appear to deny this conversation happened
6. Conclusion
This incident has caused significant distress and has undermined my confidence in the school’s ability to manage sensitive matters appropriately. The Headteacher’s explanation that the teacher was acting “in a personal capacity” is not consistent with safeguarding or professional standards, and I therefore request that the Governing Body review this matter formally.
I look forward to your acknowledgement of this complaint and confirmation of the next steps in accordance with the school’s Complaints Policy.
Yours sincerely,
[Name] Parent of [Child’s Name], Year [X]