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Data protection and school advice needed please

64 replies

Schoolsbad · 12/05/2012 07:47

Can anyone help please? I believe that my child's school has breached data protection here.

They have used my childs file to get my personal details and address to send a letter to me. The letter has nothing to do with my child or their education.

Am I right to think they are wrong?

OP posts:
Pooka · 12/05/2012 08:40

I read it that is was outside school. Thought was public highway outside the school. Grandparent of another child at school made (wrong) assumption that since the actual pupil not disabled the badge was being misused when in fact the op has an absolute right to park there because is with her younger child who has a blue badge.

Busybody if nowhere near school or is outside of school pick up/drop off times.

onadifferentplanet · 12/05/2012 08:40

It was the grandparent of a pupil so presume they were doing the pick up?
If you had a blue badge and the child for whom it was given was with you surely all you need to do is write back to the head and give them this information. Presumably they will then write back to the grandparent and put them straight.

Pooka · 12/05/2012 08:42

Xpost :)

robotcornysilk · 12/05/2012 08:47

wow what a pair of busybodies the Head and this grandparent are!

Schoolsbad · 12/05/2012 08:48

I think the letter has annoyed me most to be fair and I am trying to decide how to reply .

'the abuse of such facilities are a very serious offence and show the school in a bad light. I am aware that there was a blue badge displayed in the car at the time but the observer has advised that you appear to be able bodied and using the space inappropriately'

I think this is the part that annoyed me the most. Now do I send letter back turn it into complaint or just ask for a quick word to clarify things going in myself whilst holding my baby (oxygen dependent, very genuine owner of said blue badge) and watch head squirm.

Appologies for overreacting re data protection part but I am still shocked school got involved like that, why not a phone call to clarify. Yes I think letter is nasty

OP posts:
robotcornysilk · 12/05/2012 08:49
Shock that's even worse! How dare they decide whether or not you or your children are disabled!
robotcornysilk · 12/05/2012 08:50

that's not even a misunderstanding - he didn't even bother to check before harassing you
Angry for you OP

Northernexile · 12/05/2012 08:53

I think you are over-reacting TBH. The letter has annoyed you because you have done nothing wrong, so call in to speak to the Head and sort it out. Trying to find some way of retaliating by seeing if you can have the school done for breaching the Data Protection Act is hardly going to help resolve the situation, and isn't going to work as the school hasn't done anything wrong either, they just haven't got their facts right. Annoying, but not a crime!

saggarmakersbottomknocker · 12/05/2012 08:55

As others have pointed out, it's not a data protection issue.

But I would absolutely go in with the baby and make him squirm. He's fallen into the age old trap of 'you're not in a wheelchair so shouldn't have a badge' and he should know better.

Pooka · 12/05/2012 08:55

Very arsey to write that. I would see him and hope he squirms.

I don't think writing was wrong, but he could have been much less confrontational and should have been considering is only on basis of hearsay. Is only sensible when talking about blue badge usage because I'd expect a head to be aware of the fact that blue badges are issued for all sorts of adults and children for very valid reasons and where you cannot immediately see the medical issue that necessitates the issue of badge.

Silly. Very silly to get confrontational without being in possession of facts. He is the one painting the school in a bad light.

Runoutofideas · 12/05/2012 08:57

I would go in myself, with the baby and all the paraphernalia the baby needs, and ask to speak to the head. I would very politely, and in great detail, point out why the baby needs the blue badge, and offer to write an explanation for head to show other "concerned parties" in the future. I would then state that I found the letter offensive as it assumed inappropriate use of the space rather than simply asked you to clarify the situation. Then watch the Head wriggle and squirm as he/she is completely in the wrong over the way they have approached this.

I'm sorry your baby is poorly and understand completely why you are angry.

DonInKillerHeels · 12/05/2012 09:00

Blue badges AFAIK are granted for all kinds of disabilities, and not just for wheelchairs. I think you're right to be narked at the tone of the letter and the fact that the headteacher didn't even check whether or not you are entitled to have a blue badge but just assumed you weren't.

I would write a polite but stern letter back to the school stating that you quite legally have a blue badge because your baby (whom I am assuming is with you for pick-ups) has a statemented disability. You should also express your disappointment - again, politely and straightforwardly - at the tone of the letter and the fact that they took some grumpy loon's the grandparent's word as truth without checking.

tethersend · 12/05/2012 09:00

yy, head should not have jumped to such a conclusion, and you should make him aware of his error in as embarrassing a way as possible.

But it is not a data protection issue- if you mention that, it will actually weaken your argument, which at the moment is water-tight.

owlelf · 12/05/2012 09:00

Head should not have made ridiculous and ignorant comment about you and your child being able bodied. He should be aware enough to realise that the disability of a blue badge holder is not necessarily visible......

I would write back, explaining how offended you are, pointing out how ridiculous it is to judge whether someone has a disability or not and clarifying that you do have a blue badge. You don't have to provide any details as to why you have a blue badge......

I am Angry on your behalf regarding the tone and wording of head's letter.

Schoolsbad · 12/05/2012 09:03

I appreciate that no data protection issues now, was just unsure whether was entirely ethical to identify me and get my details through school systems. I am slightly calmer now than an hour ago!

I imagine grandparent is also a blue badge holder and annoyed at space being occupied. I still think the letters tone was offensive and could have been resolved by a phone call or even a quick word at the gates. I do like the idea of going in personally to clear things up.

OP posts:
ComeIntoTheGardenMaud · 12/05/2012 09:04

Clearly the Head has fallen into the trap that many people do, of assuming that blue badges are only for drivers with disabilities. I would politely and firmly put him straight, but don't think you'll gain anything by being stroppy.

ClaireDeTamble · 12/05/2012 09:04

IMO the school are correct for taking in action in responding to the complaint. You are annoyed because you genuinely have a blue badge, however, would you not want them to do something if you were unable to park there because someone without a blue badge was parking there?

It perhaps should have been phrased better though.

I don't think you should turn it into a complaint, but you should obviously make your circumstances clear so I'd hand deliver a letter explaining your circumstances, taking the baby with you if you can to watch him squirm Wink

Runoutofideas · 12/05/2012 09:05

I think as long as you can do it calmly, then that is what I would do. If you are likely to end up losing your temper and ranting then I would write a letter, as yelling at the head teacher is never going to be a good move!

Fizzylemonade · 12/05/2012 09:08

Could it be that the Grandparent also has a disabled badge and you are both wanting the same space?

Our school gets heavily involved with parking outside the school on public highways, ours is so bad we have regular police presence Shock We are a very large primary school, 90 children per year and parking is an issue.

When polite notices in the newsletter are ignored they name the make and model of the car, the colour and where you park!

I would just write a letter explaining that you are using the blue badge within the guidelines, don't make a big song and dance about it. I only know about blue badges as my Mum had one but the majority of people may not understand who it is used for etc

fivegomadindorset · 12/05/2012 09:10

I think you need to enlighten the head in the fact that there are a lot of other disabilities that are covered by a blue badge, not just the obvious ones and that the badge does not need to be attached to the driver but the person who needs it who is a passenger.

Lougle · 12/05/2012 09:11

Does the baby come with you to pick up, and do you get the baby out of the car, rather than having someone sit with baby while you nip out for your older child?
If so, you are using the badge appropriately.

What do you want, though? For the Head to challenge the erroneous assumption of the woman in question, he would either have to breach your privacy or have your permission. If you just want an apology from him, make that clear.

Schoolsbad · 12/05/2012 09:12

I don't do temper, so yes can be calm.

And thank you whoever pointed out that I may appreciate action being taken if someone was using incorrectly as may stop us using in future.

Oh and yes baby is always with me, I wish I had an opportunity to do school run without taking him! We do walk if weather is dry and not too cold as is easier to load everything onto pram once at home that into car out of car into car and so on.

OP posts:
skrullandcrossbones · 12/05/2012 09:14

I don't think it was a breach of data protection.

If you were taking your baby out of the car with you when the blue badge was displayed in the car, then yes, the letter was absolutely wrong and offensive.

'you appear able-bodied'. Well, up till now perhaps the writer of the letter 'appeared intelligent.' No longer.

ComeIntoTheGardenMaud · 12/05/2012 09:15

And I do think that, as a blue badge holder, you have to acknowledge that you stand to gain from the school discouraging other unentitled people from using the space. The Head teacher got it wrong on this instance, and needs to understand that passengers with disabilities can also be entitled to a badge, but if he gives up on trying to stop other people from using the space, you may find it occupied when you want to use it.

skrullandcrossbones · 12/05/2012 09:15

xp with OP. I see you do have the baby with you. Then, yes, everything I said in my post about wrong and offensive is absolutely true. I am appalled that this letter would be written.