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Secondary education

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Original poster

Teachers taking photos outside of school

195 replies

Always2022 · 17/09/2022 15:20

Hoping that somebody on here might be able to throw some light on a subject for me. Does anybody know the legalities of a Headteacher taking a photograph of a student after school and outside of the school grounds? I think she was hoping to catch out my ds (16) who is currently suspended for walking out of a class (not for anything violent, but he's clashing with his teacher and has very low tolerance at the moment). He was returning some trainers to a friend after school (outside of the grounds) and turned around to see the Headteacher taking photos of him! My instinct is that it can't be legal but I'm struggling to find the definitive answer to this via their policies on their website.
If anybody has any thoughts or even better knows what the legal standpoint would be, I'd be really grateful if you could comment on this post. Thanks in advance.

OP posts:
IcedOatLatte · 17/09/2022 15:22

Afaik it's legal to take a photo of anyone in a public place. School policies wouldn't make it illegal would they?

MamMedusa · 17/09/2022 15:24

frowned upon maybe but not illegal.

ClocksGoingBackwards · 17/09/2022 15:24

We are all allowed to take photos of whatever we want in pubic. Nothing illegal about that at all.

maddy68 · 17/09/2022 15:24

Photos in public places are legal.

TheKingsInk · 17/09/2022 15:25

Unless your child has been told by the police not to go within X meters of the school I’d certainly be speaking to the Head about what your child says he saw.

modgepodge · 17/09/2022 15:27

My school policy says I can’t take photos of the kids on my personal devices, so I’d be in trouble for this from that point of view. On school device…if a child told me they didn’t want me to take their photo I’d respect that (can’t be preaching online safety and consent then taking photos the children doesn’t want in my view) so again I think this is on shaky ground. Illegal, probably not, against school policy probably.

Flopisfatteningbingforchristmas · 17/09/2022 15:27

Perfectly legal.
Every suspension lesson I’ve seen says children are not to comw
to school and must be at home during school hours which unless he live right next to the school he has broken.

Original poster
Always2022 · 17/09/2022 15:27

Yep ok, so it is legal - it's a public place, makes sense. But a Headteacher, taking a photograph of a student, outside of the school at a time when all the other students are flocking out of school.. So it seems that my real issue here is that a teacher is taking a photograph of my son. Why is it happening and what is she trying to do with it - that is where I'm spinning.. It IS legal, but it just feels so wrong!

OP posts:
Thatsnotmycar · 17/09/2022 15:29

They may have taken the photograph as excluded pupils shouldn’t be in a public place during school hours without good reason.

PurpleWisteria · 17/09/2022 15:34

Quite often excluded pupils turn up at home time out of bravado and to show off. It's been happening since the 60s and nothing new.

Had your son been told to stay away from school altogether?

I'd be far more concerned about his behaviour that led to exclusion than a photograph taken in a public place.

ClocksGoingBackwards · 17/09/2022 15:38

Why do you think it feels wrong? Do you think the headteacher has a desire to do something other than make your son get an education and show a decent level of behaviour?

Honestly, you’re not doing your son any favours with your attitude. Tell your son that if he’s doing nothing wrong then the headteacher would have no reason to suspect wrongdoing, and won’t have anything worthwhile to take a photograph of. Spend your energy on making sure your son doesn’t get suspended again instead.

Eupraxia · 17/09/2022 15:40

The letter sent to parents informing them of exclusion specifically and explicitly states that the student must not be seen in a public place and may not be on or near school grounds during exclusion.

Likely photographing for evidence for a second sanction. Without the clear evidence, he could well lie and deny.

Perfectly legal to do this. Some schools have policy not to use phones to photograph. Many schools don't have this in policy. If its not specifically stated, it's allowed.

Johnnysgirl · 17/09/2022 15:41

So it seems that my real issue here is that a teacher is taking a photograph of my son
Whereas your real issue should be why your son is walking out of class, and having been suspended for doing so; is hanging around the school gates at school letting out time.

Eupraxia · 17/09/2022 15:41

The letter sent to parents informing them of exclusion specifically and explicitly states that the student must not be seen in a public place and may not be on or near school grounds during exclusion.

I should have been clearer to state "...at my school..."

LuluBlakey1 · 17/09/2022 15:42

If he is currently excluded, he is not supposed to be on or at school premises . Could that be why she took it?

The issue here is not the photograph, it is why your son is unable to manage in school.

If you wish to discuss his report that she took a photo of him, you need to ask for an appointment with her and discuss it.

KetoSlawrus · 17/09/2022 15:44

It's actually not legal everywhere, particularly if your son felt threatened by the behaviour.

Also, if the school is a private land, then she would need the land owner's permission.

However, it's probably not a battle worth fighting - it seems your son has been punished with the suspension, and he needs to work on not clashing with a teacher. I cannot see how you getting involved in the photographic issue will help him return to class in a more settled state of mind.

Azandme · 17/09/2022 15:45

You're focusing on the wrong person here...

LuluBlakey1 · 17/09/2022 15:45

If he is excluded he should not be out if the house during school hours- which he must have been to reach the school for the time the children were leaving.

Your priorities are wrong here and I say that not meaning to be accusative or offensive.

Focus on him and why he is finding school such a challenge and is so angry.

Ritascornershop · 17/09/2022 15:45

Are students really not allowed to be on public property outside of school grounds after school is done (as per other posters)? That sounds very odd. And the head sounds over-zealous to me if your son is correct.

bjjgirl · 17/09/2022 15:46

Azandme · 17/09/2022 15:45

You're focusing on the wrong person here...

This will Bells on

Gallo · 17/09/2022 15:47

If he's been excluded, he's not supposed to be seen in a public place. It will have been written into the details informing you, that you're responsible for keeping him at home during the hours of the core school day.

RedToothBrush · 17/09/2022 15:51

Depending on the back story, it's potential harassment and bullying.

If he's out of school, then there's a problem. The question then becomes 'why is he out of school?'

Why the teacher is doing this, then becomes a matter of context. If it's to 'prove' a particular point it could be intimidating, harassing or trying to pass responsibility back to parents /child rather than resolve in school issues.

In certain situations it potentially could be illegal.

Taking photos as such, isn't illegal. But it also could be against codes of conduct. I'd argue he would need a good reason to justify it, if its targeted at an individual. And reasonably you could challenge and question on this basis.

The key point here, is whether this is a 'proportionate act'. Is why he's done it, reasonable?

topcat2014 · 17/09/2022 15:51

You know that the school will have a photo of every child on the network don't you?

Thatsnotmycar · 17/09/2022 15:53

Ritascornershop · 17/09/2022 15:45

Are students really not allowed to be on public property outside of school grounds after school is done (as per other posters)? That sounds very odd. And the head sounds over-zealous to me if your son is correct.

For the first 5 days of an exclusion pupils aren’t allowed in a public place during school hours without good reason. As another poster said, to be at the gates at home time DS must have been out in public during school hours, unless they live next door.

noblegiraffe · 17/09/2022 15:58

“Where a suspended or permanently excluded pupil is of compulsory school age the headteacher must also notify the pupil’s parents of the days on which they must ensure that the pupil is not present in a public place at any time during school hours. These days are the first five school days of a suspension or permanent exclusion (or until the start date of any full-time alternative provision or the end of the suspension where this is earlier). Any parent who fails to comply with this duty without reasonable justification commits an offence and may be given a fixed penalty notice or be prosecuted.”

HT collecting evidence that you have committed an offence. Why was your DS out of the house?