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 call the Information Commissioners office and ask them if it breaches GDPR she is a school teacher talking about a student on school grounds. To me it’s irrelevant if it’s her personal opinion or not

then armed it’s that information I would go back to the HT, and if still unhappy escalate from there

in the meantime I would speak to the SENCO and see what they say

I would escalate the complaint higher, the head teacher may be saying the teacher was voicing her personal concerns but while in the school working she should be following correct procedures regarding any concerns regarding ASN and should be professional in all she does.

if you feel she was being spiteful due to other issues then you need to write this all down as you feel she is singling your child out.

It’s kind of safeguarding because it’s pupil dignity and privacy. In her role she should understand what information is private to protect kids. But more conduct I agree.

Totally irrelevant.

Definitely unprofessional- as a teacher she isn’t able to diagnose ADHD anyway, it has to be a mental health professional and while some teachers are good are picking subtle clues of neurodivergence, many are not (no shade - it’s not their area of expertise). So that’s completely off the wall, bit like your fitness instructor diagnosing you with diabetes!
secondly, if she did want to raise some concerns - it should be done in a private place and she should name the behaviour she is concerned about e.g not sustaining attention, fidgeting more than peers etc and discussing where you want to go from there, such as discussing with SEN team, GP for forward referral etc. I would absolutely put your concerns in writing to the school and request a response in writing, which may make the principal think about supporting the teacher without question. However, that often marks you out as that parent and your child is vulnerable then to retaliation by other teachers. Obviously you would hope professionally that wouldn’t be the case, but if what you describe is accurate… then I wouldn’t hold my breath! The only caveat I would give is that neurodivergence runs in families and if you are completely sure you heard exactly what she said?

Whether the headteacher likes it or not, the teacher approached you within the vicinity of the school and in her capacity as your daughter's teacher- the school absolutely have a stake in managing this situation.

A teacher is not qualified to make a diagnosis of ADHD and they have a responsibility to work within the scope of their practice. She could have asked for a meeting, highlighted her concerns, and discussed next steps with you, but her approach was both unprofessional and inappropriate. If you are unhappy with the response from the school, you can put in a complaint with her governing body who will investigate both her actions and the steps the school took to try and resolve the situation.

And this is why it's not a GDPR breech. There was no personal data inappropriately shared, just some uninformed speculation.
Yes it was uprofessional, I can see why you're cross.
Not clear how safeguarding comes into it, forgive me, but are you sure you've correctly understood the term?

"Further damage her relationship with the school"

No - it's the school which should be worrying about how they have behaved.

@MrsJLL you are well within your rights to take this further with the Governors. The head's response was unprofessional (and downright illogical in parts), and the judgement shown exposes the school to risk. Keep your correspondence factual (read and re-read for anything that is emotional or directed at the teacher personally - it's her conduct and the school's response that is the issue here.) You and your DD deserve better here.

If the teacher is basing her evaluation on time spent with your child while she was teaching her, during school hours, then this must be a professional opinion. She also approached you during class dismissal while she still had responsibility for the children as a paid teacher, still conducting school business, so again, this is surely the school teachers opinion, not the woman as a private individual.

This isn't a GDPR breach, there is no diagnosis here. What's at issue is a teacher speculating on your DD as opposed to following a formal (confidential) process the school should have, if there are indeed concerns.

Every time there is a thread on MN where a child or parent is upset by a member of school staff or a school decision someone suggests they "report to the LADO". It's the educational equivalent of "log it with 101".

This is not what a LADO is for. The LADO is responsible for overseeing and managing allegations that someone who works with children has harmed a child, committed a criminal offence against/related to a child, or may not not be suitable to work with children due to their level of risk.

OP has a right to complain to the school about the Teachers handling of this situation, but to suggest this woman is a risk to children would be extremely vindictive and a waste of everyone's time, not to mention it would make OP look pretty foolish.

The teacher absolutely shouldn’t have said it in the way she did, and certainly not in front of other parents. You are right to be upset about that.

Teachers do not have the qualifications to diagnose, but they are also very experienced with things like SEN and have seen it plenty of times. I wouldn’t discount the possibility that your daughter does have ADHD and I’d definitely ask to follow this up with the SENCO and look into this. Being bright and sociable does not mean she doesn’t have it and you’d be doing her a disservice not to look into it further.

I’m not suggesting OP has caused the damage to this relationship; it is of course the fault of the school. That said, for the sake of the OP and her DD it’s worth keeping the lines of communication going with the HT before going nuclear.

I'd be focusing on the teacher not being qualified to offer a diagnosis, yet still doing so from her position of authority. She gave a personal opinion to a parent while at work. That's crossing boundaries at the very least. You can make (or state your intention to make) a complaint directly to Ofsted - though I believe they're unlikely to investigate unless it's a systematic issue. Maybe just a threat to take it further will result in better response from head or governers.

I'd write a letter saying what happened, why you believe it was wrong and actions you want - e.g. assurance that staff will be reminded of the parameters of their role - they are not medical professionals so should not be offering diagnosis, only reporting noticed behaviours, and the process for discussing child behaviour or progress - e.g invited to a meeting out phone call, not put on the spot in public

Well her personal capacity would not be linked to things she saw in the classroom or be shared on school grounds. If you knew the teacher outside of the school and we talking outside of school and she mentioned that she had noticed X had traits shown outside school that may be worth asking the senco about an assessment / exploring that would be speaking outside of the school role and on a personal capacity.

That's not what happened

1. Total BS unless you are friends with the parents outside school already. Teachers should not be speaking to you in a "personal capacity".
2. Even if you are speaking to someone in a "personal capacity", you should still THINK about whether the setting is appropriate if you care about someone. I could tell my friend she has bad BO in a "personal capacity" or tell her that her child is a bully and makes my child's life hell in a "personal capacity" doesn't make it ok for me to do either of those things in any situation. I should still think about whether the setting is appropriate for those conversations.

I’m a teacher also and what this teacher did was unprofessional, that’s not in doubt.

However the head is also just trying to cover their back as they also probably understand that it’s crossed lines but trying to backtrack.

I’ve had this with my own children and their school and honestly it really bugs me. Really what you need is some understanding and admittance that it wasn’t dealt with properly and a message that it wouldn’t happen again, that the staff member is aware etc etc. But more and more I’m seeing a lack of culpability from some heads, maybe because they do deal with more upset parents these days I don’t know, but I feel your frustration.

Everyone makes mistakes, but we do teach our children to take accountability of their mistakes and not just make excuses. I’m not sure why the same message isn’t upheld for the adults in this situation. An apology goes a long way in these situations and some heads are better than others for this. I’d expect that you won’t get anywhere with it but if you did write to the governors that’s what I’d be saying.

This is ridiculous.

Anything that a teacher says in their capacity as a teacher at a school should be seen to be on behalf of the school.

It's not as though she approached you as a random person in the street. She is only talking to you because she is your child's teacher - ergo, she's speaking on behalf of the school.

The head is just being evasive, I haven't read the full thread but would threaten to escalate to OFSTED if you haven't already.

@Casperroonie Safeguarding is not only about the huge obvious child abuse issues.

It is about protecting children from all kinds of things, including their right to dignity and privacy, and power dynamics - a teacher cannot just go around spewing out their opinion of a child's supposed health issues.

This 100% comes under safeguarding.

The teacher was completely unprofessional and the Head teacher is talking rubbish. A school is responsible for the behaviour of their employees, on their premises in working hours. You can either request a meeting with the Head teacher to review this. However, if you think you will get the same ridiculous response I would make a formal complaint tj the Govenors and the Local Education Authority.

No, the TRA only generally deal with disciplinary referrals made by schools, local authorities and the police, the don't deal with the public except in rare occasions. Their purpose is handling tribunals for disciplinary action for serious breaches of the teachers standards - not minor issues on a day to day level.

The following are grounds for a TRA referral

What counts as serious teacher misconduct
Serious misconduct is any behaviour that could result in a teacher not being allowed to teach again. This includes:

• sexual misconduct, including assault, abuse or harassment
• violent behaviour
• serious failure to protect the safety and wellbeing of pupils
• alcohol or drug misuse
• fraud or serious dishonesty
• discrimination or harassment
• promoting extreme political or religious views

If its not on that list, they refer you back to the school.

If I were you I would escalate the complaint because this response is nonsense. I say this as someone who investigates complaints at an education institution. If you are at work, you are acting in a professional capacity. As a teacher your views on school grounds can reasonably be construed as a the views of your employer. Imagine if a shop assistant called you an ugly cow on the shop floor and the manager said ‘that’s her opinion not the store’s so we are not accepting responsibility.’ The next step is probably governors. It’s silly really because all the head needed to do was apologise and say the teacher had been spoken to!

@MrsJLL There is a very similar case currently up on the ICO website, in the section showing recent reports from education settings and schools.

A member of staff revealed sensitive information about a child to other children by unwisely reading an email while the classroom whiteboard display was on. The school received an ICO reprimand and the member of staff had to apologise.

But I think the difference was that this information was a) factual and b) stored in a school system. Whereas this teacher was sharing conjecture. However, she certainly owes you an apology!

Even if they were (they’re not) it would have to be in a specific setting and would not be randomly diagnosed and then told to you in the playground in the earshot of other staff! Do not let this go OP. I’d be fuming!

That is the difference, this isn't a disclosure of information or data, its an opinion - it was unprofessional, but in the grand scheme of things doesn't warrant much attention - at most a telling off by the head and an apology to OP