Data protection and school advice needed please

[Schoolsbad]

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?

The school have made a huge assumption here and caused offence. They have allowed another person to load the bullet for them to fire. More fool them and they must accept the consequence.

I hope you get an apology and I hope they write a letter back to the GP educating them about making assumptions

Sorry,but as Lougie says above, why doesn't the Grandparent see the oxygen dependent child with their equipment when you get out of the car?

The child has to leave the car with you at school for you to be using the badge properly.

Fizzy - what about leaving the child in the car because you are stood right next to school exit?

You can do that parked there-you can't if forced to park a long way away

Good point Sparkles but I guess they must be careful to not cause offence by getting it wrong?

The definition of ?disability? under the Equality Act 2010

In the Act, a person has a disability if:

-they have a physical or mental impairment

-the impairment has a substantial and long-term adverse effect on their ability to perform normal day-to-day activities

For the purposes of the Act, these words have the following meanings:

-'substantial' means more than minor or trivial

-'long-term' means that the effect of the impairment has lasted or is likely to last for at least twelve months (there are special rules covering recurring or fluctuating conditions)

-'normal day-to-day activities' include everyday things like eating, washing, walking and going shopping

-People who have had a disability in the past that meets this definition are also protected by the Act.

Progressive conditions considered to be a disability:

There are additional provisions relating to people with progressive conditions. People with HIV, cancer or multiple sclerosis are protected by the Act from the point of diagnosis. People with some visual impairments are automatically deemed to be disabled.

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It may be worth quoting the above definitions of disability in your correspondence to the head, in case (s)he needs reminding of the definitions of disability that they as a school are legally bound to recognise and adhere to.
It's best to clear up any confusion on the school's part about what constitutes a disability before your disabled child attends their school.

Just to clarify, baby is with me, I do not leave him in the car when I drop off as I have to go up the path and not see the car for a short period to take my other child to the playground gate.

If is is raining I put a rain over on the car seat and carry the car seat with the oxygen cylinder in its black rucksack style holder on my shoulder. Otherwise I sometimes carry him in arms and have oxygen on shoulder, sometimes if I am popping to the shops after transfer him and oxygen to buggy at the car. The blue badge is to allow us a space large enough to do this. We also have a feed pump in the afternoon.

This is all visible to anyone who looks, whether it is assumed I am carrying my handbag or that the tubing is for decoration who knows. Or probably more likely that it is not reason to have a blue badge but I challenge anyone to move this equipment and a baby/child in a normal sized space.

I have acknowledged earlier that I may be grateful in future for the school defending the use of the disabled space but would like to think they would be more tactful about it in future. I am not an unreasonable person honestly just shocked to receive such a letter and slightly saddened that someone has made such judgements of our 'worthyness' to be parked there.

sparkles, the head could have written a non-accusative letter enquiring whether the OP had acted within the law; instead, (s)he chose to act in judge and jury on the testimony of a third party, which is unprofessional.

Schools have a duty of care about the spaces immediately outside their gates, how their users/clients use that space to access the school facilities. Sounds like contact should have been more tactful, but I can see why they felt it reasonable to contact you to verify you had legit reason to use that space.

TBH - I think an appointment with the head carrying all the stuff listed and a discussion of the letter will be the answer. You will get an apology- they will really see the assumption is wrong and you will set off on the right footing for when your child attends there (if)

Why not be reasonable & just set the matter straight. You don't have to go off on one, obviously the oxygen cylinder etc wasn't seen but once the HT knows this then problem solved.

To clarify, I wasn't suggesting that you were using the badge inappropriately. Just saying that if you were doing those two things, you have every right to use it.