Image used of my child without permission

[insideout5]

Hi everyone,

I'm really stressed about this and would appreciate some advice.

My child's pre school have used my child's image in their brochure without my permission. Not just without my permission but I specifically ticked the "I do not give permission" box on his application form. I ticked I do not give permission for every single question regarding where I will allow my child's image to be used. But I have come across the brochure and there is my child bang smack on it!!

Stressed mummy please help  thank you xx

Initially all you can do is speak to the Head. Very calmly and clearly explain that you are very surprised to see your son's picture in the brochure especially since you were very careful to select "no permission" on the photography form. If there is a safe guarding issue - a court order stopping access to child against his father etc you need to remind them. (I have a pupil just now and three years ago when he started our school there was a court order protecting his whereabouts so pictures were a huge no). Ask that his picture is removed.

If that's unfruitful then contact governor's or the Local Authority and make a formal complaint.

I would contact the manager and ask them to remove the brochures - it was obviously an accident/oversight but you don't feel comfortable with them. Our Pre school does not include any photos of children on social media/marketing for this reason

Thank you for that, I appreciate the reply. My eldest child is in that exact category regarding protection from the biological father. The school are fully aware of this and I am very very clear about the safety of my children should anyone find out our whereabouts! On the brochure it states all info of the school name address etc and my child's picture there.. I didn't give permission and also if my child is seen by the wrong people then that could lead them to us and put my eldest child at risk. I do not know anything about this kind of thing regarding law and policies. I will be telling them to remove it but I'm terrified of how many brochures have been given out to people 😢 is this against the law? Thanks again xx

https://www.nspcc.org.uk/preventing-abuse/safeguarding/photography-sharing-images-guidance/

https://www.surreycc.gov.uk/data/assets/pdff_file/0008/11312/SSCB-Guidance-using-images-of-children.pdf

Found these links in a quick search. The first is guidance. The second is a council policy document that seems to suggest the Data Protection Act is broken if permission is not granted.

Actually the first also mentions the Data Protection Act.

Hopefully not many brochures are out there and the school can recall them. Even a cover story about a section being incorrect (which it is as an unauthorised picture is used).

Point school towards the Data Protection Act and remind them of your need to remain anonymous.

I would be furious. It's a massive safe guarding breach. I would hope school will bend over backwards once it realises what's happened.

Honestly if I were you I'd be contacting the police. They will know what is best to do.

Honestly if I were you I'd be contacting the police. They will know what is best to do.

You need to complain to the headteacher in the first instance and make it very clear you'll be reporting the school to the Information Commissioner (wew.ico.org.uk) unless every brochure is collected and accounted for. If they cannot or will not comply contact the ICO (I'd be inclined to do that anyway given the potential risks of identification are significant), the Department for Education (or if the school is an academy, the Education Funding Agency) and Ofsted to report a safeguarding issue

The ICO takes this kind of thing very seriously. I am aware of agencies having to assist in installing safety monitoring equipment or even supporting people to move house following a breach, so don't worry that you won't be taken seriously.

Thank you so much. Iv been in tears over this. I just dont have that safe feeling after this. Does anyone know if they will still have my childs application form on file? As it was last September my child began pre school. I'm worried that if I don't have the application form before kicking off about this that it could potentially "disappear" do I have the right to ask for it and see it? And if so and they ask why what do I say?? 😱 I want to be able to have it in my possession to prove exactly what I ticked along with the brochure xx

I'd have thought they would have it on file. Either a paper copy in his file or a scanned copy attached to an electronic record. Also all of the information supplied should be input into an electronic record.

When you go in tomorrow morning. "good morning Mrs X I need to speak to you about the unauthorised use of my son's image in your new brochure. I was most surprised to see it and I'm very angry. You do remember our circumstances and that there is no permission granted to have his picture taken or used in the way you have."

You are absolutely entitled to request a copy - it's called a Subject Access Request. THere may be a small fee but there are strict deadlines to adhere to and again, the ICO are very hot on compliance. Good luck today!

Don't contact the police, this is not a police matter.

Contact the school. And the Information Commissioner.

Thank you very much. You've all be fantastic and I'm very grateful for your time xx

Il keep you updated xx

That is massively unreasonable.
I always tick the "decline permission" box too and would be furious if that was ignored.

When I was a kid a photo of me was used on an advertising leaflet for a school I hated along with a quote from someone else about how brilliant it was. It really upset me, I felt "used".

I don't think any institution should be seeking these blanket permissions from everyone and then assuming that every parent has signed - all publicity material featuring minors should have explicit signoff on the actual final version of what is to be printed, from the parent of the child.

This is a huge safeguarding issue and Ofsted would also be very interested. It is inexcusable.

How did you get on?

What happened? They will still have the form on file. Don't be polite about this they are so in the wrong. Even if you had given permission on the form, they should still have the courtesy to ask you if the pictures are ok to go on the brochure, we sure do!

Any decent nursery should be recalling the brochures immediately given your circumstances. Are they aware of the protection need, if not then make them aware, legally you shouldn't need to tell them but it will make them act quicker. Personally I don't think involving the police is helpful unless the nursery is not cooperative.

I second contacting the IC. I hope they can account for all of the brochures.

Hi everyone, apologies for not posting in here yet. Been a busy week at work. The head hasn't been there all week as on training but she's back Monday. Iv booked an appointment to see her. When I ask to see my child's application if they can't provide it straight away (not sure on the process/wait if there is one and they ask me why I want to see it shall I tell them? Or just say I have my reasons and I'd like to see it. Thanks all your all great and helping others xx

I'd just tell them they didn't have your permission to take photos. The onus on them is to prove otherwise and they won't be able to.

They need to act on this urgently and I wouldn't be surprised if they don't have an inspection VERY soon.