Hypothetical Question - Confidentiality

[pippin26]

Ok was wondering what would you do with this scenario:
You are a childminder:

You have a parent who you know is trying to wriggle out of paying the notice period with nitpicky 'issues' that have never been mentioned before - in actual fact the parent has given you good feedback and a reference.

The parent posts on several forums (and for instance this one as well)asking for 'help' about her problem with her childminder. However the childminder can prove these 'issues' and 'problems' are non-starters, lies and can be totally dispproved.

However, the minder then discovers the parent is posting 'her issues' but is posting potentially identifiable info about you (the minder) and setting.

Would you be tackling the parent about their lack of confidentiality? Would you be tackling them about the fibs they are making up?

Personally, but bear in mind I'm not a CM although a lot of my friends are, I wouldn't engage. Don't go on the threads and confront them, don't 'put your side across' as it will just turn into a bunfight. Contact the mods, or on here MNHQ and ask for the threads to be pulled for the reasons you've given.

Hope you get it sorted.

LOL, just spotted the thread this stems from. Having read it I stand my 'do not engage' position even more.

Get off the internet and discuss it between you in a professional and adult manner.

TheVisitor eh? Get off the lynch mob bandwagon luvvie. I am not anything to do with the other post - I can assure you that because if that had happened to me I certainly would never have been that composed or diplomatic.

yes Mrs D - the other post has given me a research question regarding confidentiality working both ways etc.

If I were the childminder, I would not engage and I would also be thanking my lucky stars that the parent + child are leaving my services.

As Mrs D said, contact MNHQ to get the thread removed. Just think to yourself, "NEXT!", let it be and move on.

I dont think confidentiality does go both ways at all

I am training to be a HCP and we have to do placements in nurseries to observe typically developing children. As a 'professional' I have to follow rules and best practice regarding confidentiality, i am trained and then sign agreements to this effect.

If a parent had a allegation they are not bound by any confidentiality, they are free to complain and discuss me. They have not signed anything.

If the allegations were false, i could prove them so and it was a 'hate campiagn' of some sort, i would have to seek legal advice/sue the parent/website (think GF here).

I am really unimpressed by the childminder postings, although i havent seen the threads on other forums.

Littleducks - why would confidentiality not go both ways? A childminder works in their own home and if a client was posting things about that childminder then surely thats wrong.

Once again I will reiterate this is NOT about me - it is exactly what it is - curiosity on my part to see what people actually think. I was wondering if I can incorporate it into my dissertation and wanted to see if I could expand it a bit. What I DO wonder about is the almost lynch mob mentality and how things and people turn on a sixpence on MN. Its was all the love, ahhs and sympathy for the OP (referencing the other thread) but as soon as the accused comes along and defends themselves then they gets hauled over the coals. I am sorry but EACH AND EVERYONE ONE of those who jumped on the minder - would defend yourself one way or another. I know the belief is that on here is a spade called a spade on here but it really is quite shocking and very nasty instead of helpful and constructive - but that is just my opinion.

I know some people thrive on the anonomous manner of posting on here and other places and I think (just my opinion) MN seems to be cliquey at times too.

Anyway my waffle over.

If someone is making defamatory comments, you can take legal action against them. If published, it would be libel. You'd need to consult a lawyer to see if it was likely you had a case in the example you give.

Didn't MNHQ say they they would be considering defamation policy this week?

ah now, I've missed any threads, link if you like, or PM me

wrt this one, bearing in mind that I've not seen the other one:

contact MNHQ, ask for the thread to be deleted

don't go online to 'fight your corner', maintain a dignified silence

review the contract, and have a look at your confidentiality policy; rewrite if you need to (thinking here about putting stuff online that might make you indentifiable)

just my ramblings, sorry

Lynchmob? What are you talking about? I am merely reiterating that this sort of issue is one that should be dealt with offline and in the real world, not on a bloody website. You have EYDOs to advise you on this sort of thing. Given the timing, I am not the only one to assume that this stems from the other thread. Wind your neck in and save it for people who really do have a go at you.

Definition of lynchmob - a mob that kills a person for some presumed offense without legal authority

Oh, I will also say that my comment is aimed at both parent and minder.

If someone is making defamatory comments, you can take legal action against them. If published, it would be libel. You'd need to consult a lawyer to see if it was likely you had a case in the example you give.

Didn't MNHQ say they they would be considering defamation policy this week?

I realise this is not about you and I saw the other thread. I did not post after the minder came on as i didnt think there was anything to say at that point.

I dont think i can explain any clearer why confidentiality doesnt go both ways tbh, sorry.

The minder is a 'professional' and so is bound by professsional standards, the parent is a client and is not.....unless you got your parents to sign an confidentiality agreement I suppose.

The childminder can sue the parent for slander if necessary but thats it.

The minder did herself no favours by posting at all, it made her look totally unprofessional.

is this about an old thread then? I am totally out of the loop, stupid RL (ho ho)

I think the threads been pulled.

Basically the OP had a childminder who she had a few grumbles about, feeding mcdonalds/long walk etc. Nothing too major.

But the final problem was that the childminder had posted on other forums (netmums was mentioned) with a picture of herself as an avatar discussing a child the same age as OPs child. OP said she wasnt happy about this, it identified her child as cm only cared for one child of that age.

Then CM turns up on thread, quite angry as she says allegations made here an apparently on other forums were false. CM does admit to posting about a child she cares for using an avatar with pic on but says pic was small and unclear. She didnt say child was OPs child but that she cared for more than one child of that age.

oh crikey, that sounds complicated; thank you for shedding light LD

So I'll add to my post, then:

Change the details of the child you might be asking about - make them the opposite sex, or a slightly different age, or not mention their gender; change details of the parents/carers if you are posting about them - if they live down the road in RL, make them the next town, disguise their occupation, for eg

I have a confidentiality policy/agreement that binds both parties.
I would agree with BALD & MrsD etc & say don't get into a slanging match online. Its not worth the stress & can only inflame the situation. I would also be ending the relationship with the parent pronto and keeping written records of everything in case parent decides to report to Ofsted.
As far as making posts about mindies on forums either use Childminding Help members only area, UKRegistered CM group (only CM's allowed) and like BALD says change enough details that no way is mindie or their family recognisable.

Sounds like you are having fun with your dissertation Pippin

oh yes ChildrenatHeart - i am wondering what the blooming heck I have let myself in for by doing by 3rd year lol

i appreciate others replies and i apolgise if I came across as a bit 'vehement' in defending myself. TheVisitor I am quite aware of what an actual lynchmob is and the broadest defintion of thankyou and i stand by what I say.

Unless it is in the contract, the parent does not owe any duty of confidentiality to the CM.

The CM's redress is in the law of defamation, if the parent's posts could in fact identify the CM and the statements were in fact false and defamatory.

blueshoes manages to put it so clear in comparison to me

pippin - on the subject of confidentality and consent, if your including or discussing posts in an essay, would you ask consent from the posters first?

Nicely picked up on LunarRose - however I was just gathering information (as i said previously) to see if there would be a viable discussion. Its called 'sampling' albiet in a broad sense. Also seeing as its an anon forum how would that work then Lunar - on a thread such as this - you CHOOSE whether to reply or not. By replying you are putting your view into the public domain - since its a public forum whereby by anyone can post/view. Exactly the same as you being caught on CCTV a good few times a day or someone capturing your (or childs) image on camera in a public place - there is no need for permission to be sought. It would be courtesy only to seek permission.

If you really want to go down that road - should these forums really exist then? Should we really be dicussing anything work related without the express permission of parents/clients etc.

According to Ofsted, you can use these types of forums and they do not consider that stating ages of children an identifying feature for example.

All food for thought eh!

I've had something similar happen to me.

I didn't reply to the parent, although I admit I was sorely tempted to - it's not easy to sit and read the character assassinations and contempt of your own colleagues and not do a thing about it when you know it's all based on lies. Especially when they start on about "I would never do this". I'm often surprised at how quick other childminders are to accept that such unprofessional behaviour is apparently so commonplace they feel the need to assure "We're not all like that". Thanks to my experience, I'm much more inclined to believe that very few of us are "like that".

It was obvious that this parent was simply trying to get out of paying the notice period and I had previous reviews, emails and other documentation where the parent had sung my praises to the sky about how wonderful I was, how she couldn't do without me etc. etc.

I didn't ask for the posts to be removed although, if it ever happened again, I would do so. However, I didn't feel I was easily identifiable. Maybe I would have reacted differently otherwise. My reputation means a great deal to me.

When the parent acted on the poor advice given, I tried to stay calm and professional, corrected the out of date advice (she'd been told to report me to the Council, for heaven's sake!), and reported the whole situation myself to our Early Years department. Much easier after that: they fully supported me and advised me how to proceed. Early Years and OFSTED are well used to parents trying to wriggle out of notice periods. It's one of the reasons OFSTED absolutely refuse to get involved in any contract dispute.
I got my notice payment and the parent was warned by Early Years against slander.

I don't think we can claim a breach of confidentiality by parents, but then neither can the parent since he or she has chosen to make public their grievances.

Perhaps we ought to think about how we respond to these posts in the future. Maybe referring them to the NCMA, who are there for parents as well as childminders, or some similar body. Perhaps we shouldn't be condemning parents or childminders without knowing all the facts from both sides. Definately, if we're going to advise, we should be certain that the advice is good, not poor, outdated advice that misleads parents.

pippin - Your absolutely right ofcourse, but it's made me think.