Inappropriate photos - am I going mad?!

[MumEMA]

Hi all, I'm new to Mumsnet so apologies I'm missing the point !! I have recently had a bad/unexpected experience with my daughter's nursery and wondered what other people's thoughts are on the matter?

My daughter (aged 3) at the time attended a relatively high-end nursery in our area. We visited about 10 different nurseries before we opted for this one - just like me to pick the most expensive but she's our only daughter and I already feel guilty for going back to work so I was prepared to pay it.

Anyway....long story short, one day I looked at my Facebook newsfeed one morning and saw sponsored ads for the nursery with pictures of my daughter on - not the end of the world you would think, except my daughter was wearing different clothes in all of the images, non of them her own. One photo, she's sitting on a bench with a tiny pink ra-ra skirt on, legs spread wide (as 3yr olds have a habit of doing) camera pointing directly at her! Alarm bells ringing, I showed my husband and he agreed I should speak to nursery. Off I set to nursery with my daughter, and as I pulled up outside, there was a huge advertising banner on the main road with a photo of my little one. Again, you may think, not the biggest deal, it's a cute image, BUT, different clothes again!! By this point, I have to say I was livid so went marching into nursery. I was taken to the Principals office and she came out to speak to me. She could not understand why I was annoyed and was very defensive and told me I had signed a consent form for photos. She then told me that they had also used images of my daughter on billboards around the town on sponsored roundabouts and a digital advertising campaign in Post Offices. I actually felt sick and violated - my child had been undressed multiple times and used as a doll for publicity shots. I pointed out that nowhere on the consent form does it detail images being used in this way and surely if nothing else, it would have been polite to ask me before using all these images and displaying them!

I know nurseries are strapped for cash with the new 30hr free system and are looking for all kinds of ways to reduce costs but does anyone else think that this is going too far?

Just beware if your child is at nursery or starting a new one, I would hate for other parents to be caught out like we have and to feel like they have failed to protect their child :-(

That is definitely going too far! What type of consent did you give? I don't know what teh law says about this, but to dress her in different clothes...very odd. I would look into the legalities of this.
And it a short pink rara skirt ideal nursery wear??

The key is to check what you're asked to sign. We have to provide consent for images to be used on social media, but have a separate option for images to be used in marketing material which I guess is what pictures of your daughter is used for.

They told me the skirt was out of the dressing up box.... which is fine for little girls innocently playing ballerinas/fairies etc. but to broadcast to the world is just scary! Her normal attire is leggings/t-shirt with spares in her back-pack for wet etc.

You would have needed to sign a model release form, if they actually used her an unpaid model and placed her in different clothes.

The typical form you sign is a consent that any images during regular day may be used for marketing/promotional material.

You can actually successfully threaten them with legal action and make them take down and destroy every single billboard ana return all digitala back to you.

Demand the name of the photographer and raise hell as he/she shouldn't have done it without a release form. And the photographer would have retained rights to also use those images for his/her promotional circumstances. You need a letter to both from solicitor to reiterate consent was not given and all images must be destroyed.

Invoice, modelling agency!

I'd be very unhappy about her being effectively used as model without specific consent.

I'd be unhappy enough that I'd be looking for space elsewhere.

The issue here is with the type of pictures and the consent form that you signed. If you don't have a copy of the form or the policy ask for it and check what you signed up to. These kinds of modelling promotional shots surely aren't what's intended when you agree to pictures being used on social media/websites.

I have no idea but I would repost this in Legal for advice.

Whatever you did or didn't sign, the nursery should have checked that you were happy with her image being used for such large scale publicity.

WTAF?

I would be raising merry hell over this. I think you need to a/ get a copy of what you signed and b/ seek specialist advise and get a solicitors letter to them pronto.

Fwiw my 70 quid a day nursery only use images of children where you cant see faces in promotional material. They have a very large waiting list so i think their advertising works.

Take it further. Consent for photos are generally to ensure 'At risk' and recently adopted children aren't having there images shown on a school website etc. Signing a consent form to take photos of your child within the school environment and give to you is one thing, to feature your child as an unwilling participant in an ad campaign is a huge breach. At the very minimum they should have sought your permission for her image to used so publicly. I'd be raging if this was my kid!

I think I would ask them to offer a Significant fee reduction.

It sounds like a very unprofessional nursery, I wouldn't have thought there's be anyone running a nursery that didn't know they'd need parental permission for what you describe.

Does Ofsted apply? I'm wondering if you aren't in England as I haven't come across the head of a nursery being called a principal or is it some kind of school setting?

I'm the most jaded mother who's the first to say, "Don't worry" but this is outrageous! You've already received great advice. But I just wanted to validate your feelings and offer another WT absolute F to the collection. It's so woefully out of order!

Good point Sandy. I've done private and state nursery with my kids and in every case, they've been exceptionally careful and considerate with regards to photos and consent. Are you in the States, OP?

We always sign separate consent forms for photos.

The Principal is taking the pee with a capital P.

I would be hopping mad. I said no photos on the forms for my daughters nursery.My daughter is 3 too. I don't even put pictures of her on FB or let anyone else.

My dd appeared on her nursery website banner for a number of years. I was shown the image and asked if I would be ok with its use for this purpose before the site went live. That is what I would expect your child's nursery to have done too.

Wow, I would be fuming if that was my DS!! Im sorry I dont know any Legalities of this so abit useless but just wanted to say ild be going bat shit mad if it was me!

That's crazy!

JFC. I'm usually pretty relaxed about stuff. But this would send me off the edge.

I'd send them an email with reader receipt stating that they have 48 hours to remove any and all images of your daughter from public display or you will be proceeding with legal action.

Then call ofstead.

Thanks everyone!! We are in England (Stratford-upon-Avon) - I think she just calls herself the Principal to make the place sound more middle-class or maybe to make herself feel more important
I have moved my daughter (she's just started in Reception) but our area seems to be lacking in really nice daycare facilities which is what I need when I'm at work to be able to cover out of school/term time hours so no idea what I'm going to do if I have another!

Good god OP!!
My nursery gets permission from parents to take and upload pictures to our private parents Facebook page. A couple of months ago we changed our prospectus and wanted to add a picture of 2 of our children to the cover. The prospectus is given to new parents when they enquire, they aren't on public display. We had permission for pictures from both children's parents in the stuff they signed when the children first started (for fb page) but we still asked again and made sure they were happy for their children's picture to be used on the front cover!!!
I would be absolutely fuming op, it's so weird that they've done that without mentioning anything at all! Very very strange in my opinion, we wouldn't dream of doing that!

To be fair they get changed loads with activities and you signed a form saying it was ok to use photos?