Parental consent not given and schoolcpisted my child's photo on social media

[Survivormummy]

Hi,
My son had achieved an award along with other children in his school. The school have posted a photograph on social media. I have not given my consent. I have court orders in place to protect my child and I from the father and his family and I have sole custody of my child. The school have been made aware of this and have access to the court documents with the permission of the court of course.
Unfortunately this is not the first time my son's picture has been posted in social media by the school. This will make it the third time. I would not have minded if the school blurred my son's face etc. The father or his family are not allowed to know the identity of the school or where we are living due to fleeing from DA and there is not contact ordered by court. What shall I do? Is this a safeguarding concern?
Over 200 people have viewed the image so far and I am fearful the father or his family have not seen it. I have only been made aware of it myself as I don't have social media otherwise I could have acted faster.
You just never know. He has relatives and friends who are familiar of the area and school. What shall I do?

There should a consent form where you asked for permission about photos. Did you sign this saying no photos or verbally tell them clearly not to put them online? If so they have breached the rules around this which is probably the data protection act. They should be taking this extremely seriously and immediately remove the photo and do a investigate. They may also need to refer themselves to the information commissioners officer. They now need a safety plan in case there is an issue and you need to have a think what you need to safeguard your son. If you haven't already specifically spoken to the lead person for safeguarding I would so although often this is the headteacher when it's primary school

Assuming you stated on the consent forms that you did not wish your child’s image to be used, then this is totally unacceptable. Ask the school to remove the image immediately. As this is a reoccurring issue - have you complained before? If so you may also wish to consider writing a letter of complaint to the chair of governors. They will investigate and should hold the headteacher to account, to ensure improvements are made.

I assume you have made this wish official by signing a document where you did not tick the social media permissions box? (I don't know a single school which doesn't ask parents to sign such a form). The school knowing about the court order and linking this to him not being allowed on social media are two separate things (as many children involved in such orders can be on social media as their relatives do know which school they attend, despite not being allowed contact).

If you have signed a form stating this wish, this is a major safeguarding breach and needs flagging to the headteacher straight away, for the photo to be taken down and the issue to be dealt with. I'm sure there are official channels the school need to go down in terms of reporting such a breach. If you haven't signed such a form, you need to put your decision in writing to stop this happening again.

What happened the last two times? Did you make the school aware? Why did you not take further action?

It will usually be someone in the office who handles the school's social media page, but not always. Whoever it is should have access to the permissions list and check it religiously each time they upload photos to check, check and triple check that all the children in the photos are allowed to be on their social media pages. This is not acceptable.

How long has the photo been up for so far? I can totally understand why you're concerned. If it's an average to large sized school though, 200 odd views sounds pretty normal from parents iewing the page alone. His Dad's family would have to specifically be looking to find a photo of him on all the schools in the area's social media pages. Chances of them seeing the photo this soon are slim, so please try not to worry too much. That's not me trying to dismiss this terrible breach, I'm just trying to reassure you that it's unlikely to have been seen if you've caught the photo quickly. It doesn't make it right at all and should never happen again.

Thank you to everyone who have taken time out of their day to help me and offer really great advice.
I did verbally tell the school also completed the relevant documents provided by the school regarding parental consent already when my son started school and provided them copies of the court orders including a prohibited steps order.

The photo in question was on social media since 25th October 2024 and has been taken down today 4.11.24 after I sent an email to the school about safeguarding concerns and for an investigation to be made. The photo was taken the last Friday before half term.

I received a voicemail from the deputy head at 5pm today stating that she was sorry and that they were finding out what happened and how the photo was posted etc. I got an apology via voicemail. I couldn't answer the phone at the time and the deputy head said that the acting headteacher would get in touch with me as the main headteacher is on maternity leave.

The impression I got from the voicemail was that they will want to nip this in the bud again.

Last year I verbally reported to the deputy head a photo (safeguarding officer) I saw of my son on social media which was uploaded by the school. The deputy head was apologetic and stated that the head teacher (safeguarding lead) unknowingly uploaded the photo of my son during a special tea they had with the headteacher for excellent work during the term. The photo was soon taken down.

Another photo was taken by his reception class teacher last year, I informed her and she said that she would take it down but unfortunately it hasn't been taken down but you can no longer see older posts. However, I did take copies of all photos for my record which I am glad that I did.

If the school reassure me that they are investigating and apologise what shall I do? Do I still inform the governors? I just don't want this to happen again. I am unsure as to who has had access to social media and seen my son's photo. It is a safeguarding concern and rightly so a breach.
What if school informs me that they are dealing with it internally and I am not kept in the loop, how will I know if an investigation has occurred?
I hope that I am making sense and not overreacting? I don't want to feel hated by the school but I feel I have to protect myself and my son as we have not done anything wrong. We want to feel safe as we currently live at a confidential address and he attends a confidential school.

Please help
Thanks in advance.

I'm sorry this has happened, it's totally unacceptable. As this has now happened multiple times, I would be sending a letter to the governors.

Three times in the circumstances you describe (and in just over a year at school?) justifies taking the concern further, if you are not happy with the response from the Deputy Head. He’s got years more at the school - they need a proper plan to ensure they are protecting him and not making repeated ‘slip ups’.

How old is your son?

Is he old enough to know that pictures of him shouldn't be posted on the internet & can remind people taking the photos? They are not always the same people who post the photos, but the more people in school who know the more likely it is this will be picked up before disaster.

I work in a school and although this situation should never happen, sometimes people make mistakes. However, there should be processes in place to prevent it and if they are not working as they should then there needs to be an investigation.

I would be looking at a formal complaint now with school - I don't think you can take it to governors until the formal process is exhausted.

I would want them to be able to say that all staff have been trained on data protection and parental consent and there is an up to date policy which covers photos of children and a clear process that has to be followed before any photos are shared/posted publicly. The number of people who have access to update the website/ social media/ school newsletter should be restricted. They should not be sent any photos to upload before they are verified. They should ensure photo permissions have been checked & this is in writing.

I'd ask for a meeting with the principal. I'd ask for a plan to ensure this doesn't happen again. I'd make a formal complaint. If a social worker is involved I'd also note the concerns with them so they can also address it with the school. I'd ask for the school to inform you on what training the teachers and support staff who are working with your son have done on domestic abuse and when that was last refreshed and if it's not recent/ hasn't been done ask them to source this.

I'd be livid op. Once is a mistake that shouldn't happen- 3 times is utterly careless and unacceptable. It's also really not that difficult I work with children who can't be on SM and I know which can't be posted and which can- it just takes a few seconds to review the pictures and blur where appropriate or get those children to take the photo.

Three times with you complaining each time is not good enough. The fact that one of the old photos is still up is dreadful. The consent forms are there for a reason. I would report them to the ICO (information commissioners office). If you're genuinely worried about your child's safety report it to the police also.
Email the chair of governors and the LEA and inform them you're doing this and then do so straight away.
Ask the chair of governors to see their safeguarding policy, data protection policy, find out where these have been breached and ask what is being done about this - extra training etc?

You are definitely not overreacting. If anything you have under reacted. Once is a bad mistake but three times with complaints?? Absolutely not. I'd be demanding a meeting with the head and probably escalating further. Unacceptable.

A simple complaint is no longer enough. They need to review and change their procedures.

Hi, thanks again for your advice. You will not believe this! Today we had an event for parents and children at the school and I went along with a family member. This was for my child's key stage classes, so in total 3 classes. There was a teacher who had an ipad and it looked like she was taking photos and possibly videos of parents and children. I feared the worse and thought she would start taking our picture. Then I reassured myself, why would she when there is an ongoing investigation with the school. I made the complaint via email at the beginning of the week? An acknowledgement of my email has been received by the deputy head (assisting safe guarding lead) and the assisting headteacher (safeguarding lead). They have reassured me via voicemail that they are investigating. I have not been able to speak to anyone in person or over the phone yet.

Anyway, my family (grandparent, myself and my child) were sat in the corner out of the way from others The whole of KS1 staff were there. This included an assisting headteacher who is also KS1 Lead, senior staff (who was taking videos and pics) a hlta, 2 other class teachers and some TAs. To be honest I didn't think much of it as I didn't believe my child's picture would turn up on social media again?

Sadly, I have been proved wrong! I checked social media today and the photo has been uploaded! I don't know what to do? It includes a photo of me, my child and a family member. I am lost for words. I am shocked. I am really struggling to process this!

Do I inform ICO? Or would the school need to after I report the 4th breach that they have done? I dont know how the process works.

We were not asked for permission to be on social media and there is an ongoing investigation carried out since Monday of this week.

Before leaving the school, i tried to speak to the head to arrange a meeting. Unfortunately she was on the phone. I asked for the complaints policy from the secretary. She didn't want to give it to me and acted dumb as though she didn't know what it was. I told her that I will find it from the school website and we started to leave. She soon stopped me and said that she will print me a copy.

As soon as we got home we received a phonecall from the secretary that the acting headteacher now wants to arrange to meet me. I have a meeting arranged with the headteacher regarding the 3 photos for next week but now I have discovered this fourth photo. We can easily be recognised. I feel unsafe.

I am considering removing my child from this school. It's a shame as my son has built positive relationships with his peers. It's not our fault.

What should my next steps be?

I don't think I can go to the governor unless I have gone through the complaints procedure first according to the school policy. Do they always have to be followed even if its as serious as this?

Thanks in advance

https://www.gov.uk/data-protection/make-a-complaint

This is how to complain to the information commissioners office and there is also a helpline. I'm sorry but these staff sound thick as mince and the situation dangerous. As I was reading on I thought you're going to have to change schools it's so ingrained. I'm pretty sure that you have to go through the school complaint procedures first but a report to the ico will lead to a much much faster response. I'd put it in writing too that you have safeguarding concerns due to them breaching your data and ask for an action plan. I would think about how what you want. Do you want them all to have urgent data protection training? Do you want a safety plan made? Are there any safety measures you need them to fund?

Definitely take it further otherwise they'll keep doing it, not only with your child but no doubt others and who knows what the consequences could be for the child if escaping domestic violence etc.

Make sure you are proactive if you see a camera, never mind that you've already told them, you need to stop the photos being taken. I'm surprised you didn't do that knowing how poor the school have been to date.

I work in a school and am also a DPO. This is totally unacceptable. You should follow the school complaints procedure which must be on their website. You can also sue the school for a data breach , you have to have valid evidence that the school didn't protect your data and that they have caused you psychological distress. Make sure you get everything in writing, email them after any meeting detailing what they said and what are are going to do and why it happened, ask them to confirm it is correct in a roundabout way.

Once I couldn’t see as an awful oversight.

but 3 times? What other safeguarding measures are they lax about!?

YANBU OP

Make a formal complaint and then take it on to the governor's.

I had similar. Fled dv and informed preschool absolutely no photos. They included my child in a promotional video. All I got from that was an apology. I stupidly didn't go to the governor's over that as by that point my ex had found us via other means. Couple years later my child photo appears on school Facebook page and I hit the roof over it. I was good friends with one of the TAs at the time and she said they had always been encouraged to take photos the feeling was always about how to show parents what the kids were up to and how proud school was of them, after I'd made my scene all staff were very much aware that some children cannot have photos posted, before if complained no one took it seriously. I can't see it happening again the staff definitely learnt. The point is they dont seem to learn until they make the mistake. I've trained in early years education and safeguarding, photo consent is covered but if the practitioners don't keep mindful of it it's so very easy to slip up.

I have a sibling who withheld photo consent at nursery not for safeguarding but just to see what would happen after my experience -her child regularly appears in the group post things on the nursery app that is shared with all the parents. She hasn't complained because she actually doesn't care but the amount of times these mistakes happen is shocking.

It's absolutely time to report to the ICO and Ofsted. You have been incredibly patient. The school's actions are negligent and dangerous. These are serious Safeguarding failures and information breaches.

Chair of governors here.

This is unacceptable behaviour by the school.

Speak to the designated safeguarding lead at school straight away.

A firm letter saying you want processes changed and assurances that this will not happen again.

I would also consider a complaint to Ofsted or ICO.

However your concern is for the safety of your child. So follow your schools complaint policy and escalate to governors. Also when you do make sure the clerk of the governing body is copied in also and the matter isn't brushed under the carpet.

The ICO won't be interested, they can barely bring themselves to investigate breaches involving thousands of people. Don't even waste your time with that avenue.

Ofsted might be a go if you frame it as a safeguarding issue rather than a data breach. They do sometimes trigger inspections from safeguarding issues. Whether photographs are high enough on their agenda to trigger I don't know.

But do get that formal complaint in and make sure you are holding the school to the letter of their complaints policy and you know the timelines of when governors should be informed.

I would be removing my child from this school. Unbelievably irresponsible. At this stage you need to feel to safe. In the school my kids went we never had photos taken to be available on social media. You seem to have got into one that is social media happy.

When something similar happened with us (adopted children)
The school
A. Apologised & got photo removed
B. Found out how it had slipped through and tightened procedures (any newspaper photographer now has photos checked before they leave school and photos deleted as necessary)
I was happy with that.

In your case I would be asking to have a face to face with HT on how this has happened again, and ask to see the procedure.
I would think procedures need to be tightened, eg so that school office needs to check all pictures before posting on social media - ie class teachers not to post directly themselves.
This should be part of school policies which have to be approved by governors.

Also, my DC knew from young not to be in photos / to query if they were going to be used externally. Not foolproof, but an added precaution and saved people taking photos they couldn't use.(This was before the now more common blobbing out of faces )

If you were feeling brave enough OP, I would ask ask the Head and Chair of Governors to join their next staff meeting as a guest speaker, so you can highlight the abuse you suffered and exactly why you and your child must never be in photos. 4 times is absolutely unacceptable and shows the school and their staff are incredibly ignorant to the dangers you face. Putting a face to the risk will hopefully make them all extra vigilant. And yes either report them yourselves or request they self report and let you know when they have done so. So dangerous.

I think the crux of the problem is that they (class teachers etc! are not taking your situation seriously, they are just ignoring your request. In reality we can all refuse photographs to be uploaded, so it's not even about safety, it's about personal privacy. I would deal only with the head and safeguarding lead now, but I would also suggest that for school events that you ensure that your dc is given a "very important job" that's not on stage etc because you can't trust other parents. The looked after child at my dcs school was always on sound and light, getting to wear a black t shirt and jeans "just like sound men do" a very important job! (He works for the bbc now in production!!!)