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Original poster

School using DD image for advertising

72 replies

MrsFlorrick · 12/06/2015 19:51

I am hoping someone here can help.

DD and DS were at a small prep until March this year. We are moving house so DC have moved to another Prep further out in Kent.

I discovered today that the DCs old prep are using a photo of DD for advertising. Leaflets and posters for open days as well as screen advertising in a shopping centre!!!

We never consented to this while DC were at the school because we didn't want the DC exposed in this way. The school approached me a couple of time about a year ago and I firmly said no!!

What can I do? I don't want them to use DD image this way and it's false advertising as she is no longer at this school.

What are my rights?

OP posts:

SoftKittyWarmKitty · 12/06/2015 21:11

Agree with contacting a solicitor regarding a cease and desist. In the meantime, take screen grabs of the homepage and tomorrow go and photograph the bus stop/shopping centre ads for evidence of exactly how extensive the misuse of your DDs image is.

CamelHump · 12/06/2015 21:18

This reply has been deleted

Message withdrawn at poster's request.

AlphaBravoHenryFoxtons · 12/06/2015 21:21

Why does it actually matter that they're using old shots of your DD from when she used to go to their school?

The images aren't inappropriate nor revealing of her identity?

CamelHump · 12/06/2015 21:23

This reply has been deleted

Message withdrawn at poster's request.

Original poster

MrsFlorrick · 12/06/2015 21:34

Camelhump. Exactly. I said no and I meant no.

And ignore henrybravofoxtons. This poster seems to appear on threads just to antagonise and upset people.

OP posts:

FabulousFudge · 12/06/2015 23:05

It's pretty standard for independents to have photos on their website and in their promotional material of children who have since left the school.

I would expect an apology and the removal of your daughter's images on Monday morning. If not, take it further.

Original poster

MrsFlorrick · 12/06/2015 23:28

Fabulous. Thanks.
I know they all have photos of children on promo materials. The DCs new school has that too.

The point is that it's usually willing parents and children.

Last year they put together a new brochure for the school and parents were keen to get their DC in it. Except myself and DH as I said.

This is when they asked to use photos of DD and we said no. But I know at least 7 parents who were really keen for their DC to appear on the schools promo stuff and website.

Presumably plenty of people are keen now so why use DD? I find it odd.

And I'm not saying my DD is extra special (she is to me but that's obvious ).

Is it common for preps to use photos of DC who have left even when current parents are keen?

OP posts:

CloserToFiftyThanTwenty · 13/06/2015 02:38

I'd have thought it depends on the shots they get - your DD is obviously v photogenic

FabulousFudge · 13/06/2015 07:16

Your daughter's photographs must be the best they have, but that's no excuse. Parents have the right to refuse and written permission must be sought. You could be refusing because your child has been adopted and the biological parents live in the area, or because you are worried about the images being 'out there' for anyone to see, or because of the impact on your other children that your daughter is in the 'spotlight' and not them. Whatever your reasons, they cannot just use your photographs.

If they are not retracted immediately use words like 'safeguarding' and 'legal advice,' as additional prompts to get them to reconsider.

ShanghaiDiva · 13/06/2015 07:25

I think it's usual to use photos of kids wh may have left. My ds's photo is used on promotion material for other schools in the same group as his school.
However, main issue is you did not give permission and they should never have used her image. Hope you have a successful outcome next week

TravellingToad · 13/06/2015 07:28

Stop focusing on the fact she doesn't go there anymore. It is absolutely irrelevant. Not "false advertising" as you said up thread.

They could have used a child model or anything if they wanted. Imagine if schools updated their whole prospectus every time. Pupil whose photo was in it left.

Focus on the fact you didn't give permission but ignore the fact she doesn't attend the school. It's irrelevant.

SanityClause · 13/06/2015 07:48

The fact that she has left isn't really relevant. Most schools use their promotional materials for quite a few years. A school could potentially use child models, who had never attended the school, for their advertising.

What is relevant is the fact that you refused consent for your DD's photograph to be used, and they have used it, nonetheless.

I'd be curious to know why they went out of their way to use her photo, though. (I know one of DD's friends had her picture plastered over the back of buses, locally. Her parents were originally from China - I guess that's visual shorthand for academic - and she was playing a musical instrument - ooh! musical too!)

ShipwreckedAndComatose · 13/06/2015 08:43

Yes, from a teacher's perspective here, I cannot see that they have used this photo by accident. They are definitely banking on you not finding out and because you have left, that it won't matter.

Outrageous!

stardusty5 · 13/06/2015 08:51

The permission issue is the important bit, not the fact that she has left. Often, schools will invite a photographer in to take promotional photos for the prospectus or website every few years, so it's not unusual for those children to move on for all sorts of reasons before new photos are taken. The photos are illustrative, amd in theory they could invite models in and achieve the same outcome.

I'm surprised they are being blase about using your childs's image without your consent.

hufflebottom · 13/06/2015 08:56

Email the head, tell them that you never gave permission for them to use your dd's picture, and as she is no longer at the school they should not be using it.
Inform them that you will be seeking legal advice and taking it further and they have till end of week to resolve it with a full letter of apology and an investigation into why it was used.
Inform independent schools/ofsted too (not sure what they use) and tell school you will be letting them know too.

Tellmewhattodooooo · 13/06/2015 09:08

This reply has been deleted

Message withdrawn at poster's request.

FabulousFudge · 13/06/2015 09:15

ISI is independent schools equivalent of Ofsted.

They will have used the photograph of the girl with Chinese heritage to illustrate diversity!

BreadmakerFan · 13/06/2015 09:31

Don't say as she is no longer there they shouldn't be using her photo, as they shouldn't be using it if she was still there as you've said no. It is probably exactly because she has left they are using it as the head was too thick to think you wouldn't see a bus stop poster or have someone tell you.

Original poster

MrsFlorrick · 13/06/2015 09:42

Thanks everyone.

I was so taken aback and then hopping mad, I didn't make much sense on this thread yesterday.

DH used the links some of you provided re data protection and wrote an email to the Head. No response yet obviously.

I was and am angry because we said no to this type of thing. The head knows exactly why we wouldn't allow it which is even more upsetting as she is complete blaze about a serious issue.

And yes I think she assumed we would never find out. Although with posters at bus stops etc I don't know how she thought it would remain a secret. She also knew we were not moving very far away either.

It's hard to remain objective and have perspective over something like this where your DC are involved.

OP posts:

CamelHump · 13/06/2015 11:09

This reply has been deleted

Message withdrawn at poster's request.

SDTGisAnEvilWolefGenius · 13/06/2015 11:13

"It's hard to remain objective and have perspective over something like this where your DC are involved."

I don't blame you in the slightest, for this, MrsFlorrick - I too would be incandescent with fury, in your situation!

electionfatigue · 13/06/2015 19:57

I would be equally furious, this is unacceptable. I would be demanding removal and destruction of all the materials within a short time frame, maybe 48 hours and considering legal action.

TalkinPeace · 13/06/2015 22:23

Hi there MrsF
Personally I'd firebomb the school if they did that to me or my kids

BUT
Do not phone or go in face to face
do everything by email so that you have absolute proof of what was said when and by whom
it also gives you the option of blind copy ...
Based on my work I'd also drop the ASA and the Information Commissioner a line
and get pictures on your phone of as many of the adverts (with map references for any posters) as you can - so that they cannot get them removed and then deny.

Original poster

MrsFlorrick · 13/06/2015 22:33

TIP
Thank you.
DH is handling the emails and any letters etc. I can't remain objective and logical so it's best he deals with it. I'm liable to start screeching at people.

Such a stupid situation all round.

OP posts:

Millymollymama · 13/06/2015 22:41

I have seen Data Protection advice to schools from the Office of the Information Commissioner that states schools should inform parents that they wish to use photographs of their children for promotional material but that it is not contravening the DPA to use unnamed photos of children in this way. Therefore I am not sure they had to ask permission to use this "data'. However it is extra-ordinarily bad manners. There might be weight added to your argument in that you expressly refused but the school did not have to gain your consent to use the photos in this way. However, I would be very cross too.

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