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Legal matters

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School have published picture without consent

18 replies

PacificRidge · 18/11/2018 09:55

DDs school have published a picture of her on a Facebook profile which is public and related to our local council and also the council website. I have not given consent for this, every year I sign the permission slips with a definite no to using her picture or name in any media and when the school opened their closed facebook account I wrote a letter addressed to the head stating that I do not wish for my children to have their images or names on any media.

When I was alerted to the picture by another parent (wanting me to see because they know i dont have facebook) I made an appointment with the head and when he realised (her name is on a list in his office which he didn't check) he was absolutely mortified and very apologetic. I was so upset and asked him to contact the relevant people and remove the images, that was done the same day.

I work for the NHS and understand what a huge breach this is, he is the safeguarding lead of the school. My DDs picture, her name, the name of her school and where that school is was made public and shared many times on Facebook. I am one of those wierd people who do not use Facebook, Twitter, Instagram etc and I didn't want my children to have their images made public until they are of an age where they can make their own choices. I will also add that there is no security risk to my child, I do not have a crazy ex who is trying to find us or anything, it's just personal choice and I think that should be respected.

I have spoken to a family member who is a social worker, they insist that I take legal advice and take the matter further. I feel I must consider carefully what I do next as it is a small school, outstanding ofstead report and the head is a wonderful head teacher. I plan to write a letter of complaint to be heard by the governors but not to take it further than that.....is that the right thing? I haven't told any other parents. DCs dad thinks I should leave it as i have an apology and the pictures are down.

OP posts:
Mayra1367 · 18/11/2018 09:59

Not every mistake has to end in legal action . They made a mistake, apologised and as you say no crazy ex in the background. Very dramatic to even consider legal action. 🙄

FekkoThePenguin · 18/11/2018 09:59

It was a mistake - you pointed it out and they took it down and apologised. That's all there it.

I'm sure if there was a crazy ex on the scene (although they'd probably know the school anyway) then there would most likely be a more strict process with regards to photos and names - but more so for collection and school premises.

A lawyer, really? To what end? Schools have enough to do.

Lokisglowstickofdestiny · 18/11/2018 09:59

I think if your child isn't at risk then an apology and having the photo taken down is sufficient.

cansu · 18/11/2018 10:00

You have been given a heartfelt apology and the images were removed. There is no risk to your child. It was a simple mistake. What on earth would be the point of taking it further? Utterly ridiculous and not what the legislation was brought in for.

RandomMess · 18/11/2018 10:03

I think I would put the complaint in writing and to ask what process they have put in place so it doesn't happen again for DD or any other child. I would raise "what if DD were adopted or you were at risk", why wasn't the consent list used?

PacificRidge · 18/11/2018 10:03

Fantastic, thank you for the quick replies. I agree, it's a lovely school and the kids are so happy there. I will go and see him tomorrow and thank him for being so quick at removing the images.

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ivykaty44 · 18/11/2018 10:04

I’d want to know what measures have changed to prevent this happening again - it’s all very well apologising but if that’s all they do and continue with the same procedures it’s not a great solution

PacificRidge · 18/11/2018 10:04

There are looked after children at the school who may at risk, so yes, I will suggest that they review their procedure relating to this.

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stumpyteapot · 18/11/2018 10:05

The head acted quickly it would appear when informed and apologised.

Agree that it could have been worse if the child was at risk from anyone

However I would suggest that they look at their safeguarding policy re photos etc as it is poor practice to have a photo of a child with identifying feature such as name and school published at least without explicit consent for that purpose.

I think legal action is abit OTT in your circumstances

PacificRidge · 18/11/2018 10:06

As far as I could see, there was a list on the wall of children who cannot be photographed. all of my DC were on there and probably about 15 put of the whole school. Probably not a great place for him to keep his list if he isn't going to check it

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ivykaty44 · 18/11/2018 10:10

A list of children’s names on the wall for you to read 🙄😬😳 ffs

grasspigeons · 18/11/2018 10:10

I would ask what they have changed to try and make this event less likely to happen again. I don't think legal action is needed and it's nice you are supportive of the school but they do need to tighten up the process. I'd want to hear that staff had been reminded where to find out who has consented and someone tasked with double checking the central list is up to date etc. Apologies are good but they should improve things as well.

TeenTimesTwo · 18/11/2018 10:11

As a parent who also doesn't allow photos online (my DC are adopted), as a 'first offence' I would go with an apology and an assurance that procedures will be tightened.

PacificRidge · 18/11/2018 10:21

Thank you all so much for your advice. I'll do the letter today regarding the process going forwards and go and see him tomorrow.

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EggysMom · 18/11/2018 10:24

A list of children’s names on the wall for you to read

This is probably a bigger breach, as it means you could see which other children are not to have their photos published - and you could infer that they maybe have a reason for doing so ... Such a list should not be "up on a wall" in a room where various parents may be present.

PacificRidge · 18/11/2018 10:36

This is very true Eggysmom, if we did this in my job we would probably be instantly dismissed. I will definately be suggesting this is taken down and that there is a review of data protection/information governance throughout the school.

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FekkoThePenguin · 18/11/2018 14:06

I’m an old job I had to take photos of the little kids and had a list of ‘no photos’. It was a bit of a logistical pita taking photos in a bust classroom! I used to joke that I needed to stick a yellow sticky in the foreheads of the kids who weren’t to be l photographed!

Every time theres be at least one parent who’d complain that their child wasn’t on the brochure or website.

FekkoThePenguin · 18/11/2018 14:11

Where on the wall though?

At one school there was a child who was a kidnap risk so there were photos of him and his dad (and his bodyguards) by the inside of reception (so parents wouldn’t see it unless the came behind the desk).

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