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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:

Starlightbright1 · 13/06/2015 22:45

I had a situation where my DS pic ended up on the school website. I only noticed after the school shut for summer and was worried it would be up for 6 weeks. I emailed and it was removed instantly and an apology. This is another level though. Mine was an oversight . This is clearly another matter.

It seems bizairre when they would be many parents wanting it. I remember the TV station at swimming lessons.Our class was the only class not filmed. I remember the group been really miffed and I kept quiet it was about security reasons for my DS they weren't filmed

Am3d3o · 14/06/2015 22:14

It seems that the law is actually unclear about this and that the relevant legal principles are only just emerging. The leading case is Campbell v. MGN Ltd [2004] which is widely considered to have created a new tort of "misuse of private information". Essentially the courts will strike a balance between your [child's] right to privacy and the school's right to expression. In doing so, they will consider "the sensibilities of a reasonable person placed in the situation of the subject [of the photograph]". The general outrage expressed on this forum by many (presumably reasonable) people should give some indication as to where this balance probably lies. A quick look online retrieves policy after policy (created by everyone from schools to councils) which clearly state that photographs of children should not be published without written parental consent. There is clearly a consensus that your child's former school is fallen far short of best practice.

Although a few people here have suggested that the photo is generic/non-identifiable, I don't really think this is the case. Your child is clearly a current/former pupil at a small school and so could be identified very easily by anyone interested in doing so.

Depending on the response you get, I presume you will also adopt a non-legal strategy? You probably don't want to be a pioneer in this field which is probably best left to celebrities doing battle with journalists. However, this is clearly very bad manners and I would hope that the school owners, governors, staff, current parents, etc etc learn about the issue if it cannot be resolved satisfactorily. Any legal letters are also worth sending to the printer of the leaflets, owner of the bus stop billboard, etc. Publishers are in the line of fire as well...

Original poster

MrsFlorrick · 15/06/2015 00:35

Am. Thank you.
I had no idea it was so unclear/untested legally!!!

I bet Harper Beckehams school won't be advertising using her picture...

DH has emailed the Head and no doubt we will hear back tomorrow at some point.

I agree it's very bad manners. I can't rationalise it really.

To me, my DD is obviously the most beautiful child. However being objective, she is one of many equally beautiful children at that school.

Besides school adverts are about academics and achievements rather than beautiful children. Or am I wrong?

I do hope they take the posters down and stop using photos of DD. I am very uncomfortable with the idea.

DH is very angry about it. There was an issue at his work 2 years ago with a colleagues child (teen) who was targeted via social media for a kidnap with the end means being terrorism. And plastering DDs photo everywhere is not a good idea. As a family we don't use social media. The closest being me using anonymous MN for this reason.

It looks like DHs company's in house Counsel will take it up and write to the school tomorrow as well.

The only small consolation is that the DC are at another school but every single child and parent we know from the old school, know which school the DC are at now.

OP posts:

SunnySeason · 15/06/2015 08:51

I would be livid too. This is just so wrong after you have not given permission not just in a general way but when you were asked last year (or whenever it was). You have very specifically said NO.

I have to say there is still a photo of my DC in the prep school they attended ageing prospectus. My DC is about to enter 6th form yet there is a photo (with our permission) of them aged about 8 playing sport. It is not unusual to used old pupils images in school material at all. They cannot change the prospectus every time a pupil leaves.

The important bit is the fact they have used the image without your permission.

If they have never had permission from you then they are never going to be able to prove it. They cannot produce a signed form that was never signed. I would imagine they are on a sticky wicket.

Good luck with all this.

BreadmakerFan · 15/06/2015 10:13

How does the old school using your daughters photo tell her old school friends where she is now?

ShipwreckedAndComatose · 15/06/2015 10:20

I thought op meant that all the friends at the old school know that the advertising image their school is using uses someone who no longer goes to the school but somewhere else. It must seem odd to all of them

fleurdelacourt · 15/06/2015 12:18

OP it sounds like you are well on track to getting this resolved. It is entirely your prerogative to make this decision and to ensure the school abides by it.

I really cannot see any security issue here though? She is an unnamed 5 year old in a school advert who now goes to another school. Even if your DH is James Bond, I can't see how anyone could possibly use this to track her down.

SoupDragon · 15/06/2015 12:27

Well, they could simply ask one of the children or parents in her old year at school. Someone might not think not to say anything.

getinthesea · 15/06/2015 13:54

I think that given your very particular situation, you have a much stronger legal case than would be usual when a photograph is used, particularly when the school has been informed of this previously.

But I would imagine that the letter from the in-house lawyer might clarify their thinking just a bit. Good luck with it.

Original poster

MrsFlorrick · 15/06/2015 19:24

Thanks so much everyone.

The head emailed back and apologised. She had apprentlg forgotten we had said no and why (she had a detailed explanation last year). The poster etc will immediately be removed. It's already off their website. Phew.

I'm really pleased she has acted so quickly and was so good about it. It's a massive weight off my mind!

Thanks for all the advice. I'm glad DH dealt with it though. I would probably have shouted a lot.

OP posts:

BreadmakerFan · 15/06/2015 19:26

Forgotten? . Just not acceptable. She should have checked!

Original poster

MrsFlorrick · 15/06/2015 19:31

Breadmaker. I know. I was a bit at the 'forgotten' part but the fact she acted immediately did make me feel better about. Particularly now that I know she could have refused point blank and there isn't even much case law to support us.

OP posts:

bloodyteenagers · 15/06/2015 19:52

Forgotten my arse.
Whenever I use images of students, including those no longer in the school, I check the consent forms and I contact parents to double check if they are no longer at our school if they mind and what it's for.
Anything for publicity I check regardless of at out school or not. It's common curtesy and some do change their minds.

I also have had my children with a no pictures policy and I would have been livid if this had been ignored..

What is the point in asking consent if you are going to steamroll parents anyway?

ShipwreckedAndComatose · 15/06/2015 19:58

I agree, bloody! It's absolutely the first thing you do. No way would this be 'forgotten'

I'm pleased they have acted quickly (do keep an eye on them)

Original poster

MrsFlorrick · 15/06/2015 20:29

Yes "forgotten"

At least it's sorted and head was very nice and apologetic.

What gets me is that there was a girl in DDs old class whose mum was obsessed with getting her into the brochures. And she is a gorgeous little girl so why not just use a photo of her? That's what I find odd.

Perhaps it was a genuine over sight. Still glad it's sorted so I can relax.

OP posts:

Leeds2 · 15/06/2015 21:17

Glad this has been sorted. Just check that the poster has actually been removed, and you might also want to ask the Head to confirm that any prospectuses with the photo in have been removed from circulation.

AlphaBravoHenryFoxtons · 15/06/2015 22:35

"What gets me is that there was a girl in DDs old class whose mum was obsessed with getting her into the brochures. And she is a gorgeous little girl so why not just use a photo of her? That's what I find odd."

Perhaps they're trying to be more diverse and are trying to attract more non-gorgeous children to the school. Or perhaps it was a genuine mistake/oversight?

Original poster

MrsFlorrick · 15/06/2015 23:04

Must have been an oversight but a strange one to make. Glad it's sorted.

OP posts:

michaelrB · 16/06/2015 21:07

Sounds like cock up rather than conspiracy. Make a measured request to cease use of the photo asap.

LittleTurtle · 19/06/2015 12:59

This reply has been deleted

Message withdrawn at poster's request.

LittleTurtle · 19/06/2015 13:14

Apologies OP, just I only read the first page, now I realise there are three pages, I have asked mumsnet to remove my response as it's irrelevant.

MidniteScribbler · 20/06/2015 10:08

The reason for not using the child with the mother who is desperate is because she is probably the type to then lord it over everyone at the school gate and probably expect some sort of special treatment for her child being 'the face of the school'. Schools are very familiar with this type of parent and wouldn't do anything to encourage their behavior.

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