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They've contacted birth mum!!

Rosieflowerbloom November 30, 2020 19:58

Hi, sorry to have to post again.

You might have seen my other post. However I've just seen this email from (came through at 10 to 5 today but only just seen it now) the SENCO at the college:

"Hi xxxxx (my name),

I am writing to inform you that unfortunately a member of our team may have disclosed confidential details to xxx's (my daughter's name) birth family.

We appreciate this will be extremely worrying to yourselves, however please be rest assured that we are taking all sensible precautions and have asked xxxxxxx (birth mum's name) not to disclose these details or take any action on them.

I would like to reassure you that this is all under control and there is no need to worry.

Thanks,

xxxxx (name of the SENCO)"

How do I respond to this??

How did they get birth mum's contact details?? I don't even know birth mum's contact details!

What if she knows where we live now??

Really sorry to post again but I'm really worried and stressed now

Edited 17/02/2021
Donatella November 30, 2020 20:35

Seriously? This is a data breach. Report them immediately to ICO. And tell them you’re doing that.

How on earth could they do that?

Edited 17/02/2021
Rosieflowerbloom November 30, 2020 20:53

Will report them immediately and will reply to the email and tell them I'm reporting it to the ICO.

I don't even know how they got birth mum's details.

Should I let the police know about the safeguarding side of this?? Like birth mum knowing where we live etc.

Edited 17/02/2021
windfalls November 30, 2020 21:07

my word this is going from bad to worse! Time to go and see a solicitor and get some legal advice re civil action for breach of privacy. Inform the police and adoption social workers too. If birth mum is a risk you may want to consider a restraining order. Tell the college that not only are you reporting them to the ICO but you will also be obtaining legal advice re: civil action. This is unbelievable - I really feel for you. xx

Edited 17/02/2021
Rosieflowerbloom November 30, 2020 21:19

Exactly how I feel as well!

Will try and call a solicitor and get some legal advice tomorrow.

Will let the police and social workers know as birth mum is a risk.

I will email the college back and inform them that they have been reported to the ICO and we will be seeking legal advice.

I don't even know if it's worth trying to get my daughter back into the college now as they will probably just mess something else up! Will definitely report and pursue them for the data breach though.

I'm going to ask the college exactly what details they have disclosed to birth mum.

Thank you so much for all the help and advice so far xx

Edited 17/02/2021
Safia November 30, 2020 21:56

How on earth could this possibly happen? I’m just trying to think regarding my own children and it would be impossible. No details would be known - on either side - and contact would be impossible. Are bf living locally? Might a member of staff know them? Is your daughter in touch with them? I would write to the principle of the college - copying in SENCO PAS and whoever else you think needs to know demanding a full enquiry and explanation within 7 days - as well as the above. As far as the appeal I would still go through with it as a matter of principle as it affects your daughters record - you can decide about the college place later

Edited 17/02/2021
Rosieflowerbloom November 30, 2020 22:05

Will email the SENCO back tomorrow and ask for the college Principal to contact me ASAP.

Don't have a clue how they knew birth family's details. My 16 years old's birth family live just under 90 minutes away and my youngest daughter's birth family are 2 hours away.

Nope my daughter isn't in touch with birth family.

Will go through with the appeal as a matter or principle but will decide on the college place later.

Will update when I've let ICO know and spoke to the college tomorrow.

Edited 17/02/2021
chestnuttree November 30, 2020 22:24

This is unbelievable. "They would like to reassure you it is all under control." Are they joking? They really have NO clue, do they?

And again, they have not fully disclosed what happened. How are you supposed to take precautions if you do not know what happened? Where did they get the information from?

I am really sorry you have to deal with all this on top of the current situation!

Edited 17/02/2021
Rosieflowerbloom December 1, 2020 09:02

I did inform the police last night (non emergency number) as birth mum is a risk. They are going to come out and see us at some point today or tomorrow to 'assess' the risk.

I'm going to sit down now while my daughter is doing the Princess Trust course and will report the college to the ICO and will also reply to the SENCO's email asking for the college Principal to contact me and also asking for full details of exactly what was disclosed to birth family.

Edited 17/02/2021
Rosieflowerbloom December 1, 2020 10:10

Done it! Reported the college to the ICO.

Have also sent the following email to the SENCO:

" Hi xxxxx (SENCO's name)

Thank you for your email.

Please kindly forward this email onto the college principal and ask her to contact me as a matter of urgency.

As I am sure you will understand, this is a very serious data breach on your part. Due to the nature of this matter, the data breach also presents a safeguarding risk to xxx (my daughter's name) and myself.

I have notified the police of this matter and they will be visiting us at some point today or tomorrow to 'assess' this safeguarding risk and also take any action if necessary to safeguard myself and my daughter.

Despite you having "assured" me that you are taking all "sensible precautions", I will also need to take precautions to safeguard xxx (my daughter) and my myself. In order to take appropriate precautions, please provide me with the following information/answer the following questions:

How did the college obtain details of xxx's (my daughter's name) birth family?

What details we're disclosed to birth mum/birth family? We're any contact details for myself disclosed?

You say that the college has this "under control" and has taken all "sensible precautions". What precautions has the college taken exactly?

When did the college contact xxx's (my daughter's name) birth family?

Why was the college contacting xxx's birth family in the first place? If they was contacting about the exclusion/appeal then why did they contact birth family instead of myself?

What measures has the college put into place to ensure a similar data breach doesn't occur in the future?

Please kindly provide me with the following information as a matter of urgency.

You may also wish to be aware that the ICO have been notified of this matter.

Thank you,

xxxxx (my name)"

Edited 17/02/2021
Rosieflowerbloom December 1, 2020 10:11

Would I be overreacting if I was to insist on a meeting with the college within the next 7 days to discuss this matter?

Edited 17/02/2021
Serrakunda27 December 1, 2020 10:20

I wouldnt give them 7 days. Immediate meeting. Outrageous and very worrying for you.

Edited 17/02/2021
Rosieflowerbloom December 1, 2020 10:29

I will try and get a meeting with them as soon as possible.

Edited 17/02/2021
Rosieflowerbloom December 1, 2020 13:02

The SENCO has replied to my email with this:

"Hi xxxxx (my name),

Thank you for your response.

I am confirm that I have briefly spoke with our principal and I am duly authorised to respond to this enquiry on her behalf.

We would like to express our disappointment at your decision to notify the ICO of this matter. As I explained in my previous email we have taken all sensible precautions and have this matter under control and there is absolutely no need to worry.

The college is not obliged to divulge details of how our team obtained details of xxx's (my daughter's name) birth family. The following details may have been disclosed but is not limited to the below:

Details of the incidents leading to the exclusion.

Notification of the exclusion.

Details of xxx's SEN.

Once again, the college is not obliged to divulge whether or not any other confidential and/or potentially identifying details have been disclosed to xxx's (my daughter's name) birth family.

I am able to inform you that contact with xxx's birth family was made via 3 emails and 1 phone conversation with birth mum.

As I informed yourselves yesterday the college has taken all sensible precautions and has this matter under full control. Precautions that we have taken include requesting that xxx's birth family dispose of any emails from ourselves and we have requested that birth mum and the wider family do not act on any of these details in a way which may negatively impact yourselves. We have made note for future reference that all communication regarding xxx (my daughter) comes through yourself.

Once again, we hope this is able to reassure you that we have this in hand and there is no need to worry. We fully appreciate you may have concerns about safeguarding xxx (my daughter) however we are dealing with this and there is no need to be concerned.

We understand that you may wish to continue with the appeal process as soon as possible, we will be in contact soon to arrange the next disciplinary appeal hearing where you will have the opportunity to contest the exclusion and we will come to a resolution.

Thank you,

xxxxx (name of the SENCO)"

They've ignored some of my questions! They haven't told me whether birth mum knows our contact details or our address etc.!

I've replied again asking for the principal to contact me and a meeting to be arranged as a matter of urgency!

Can't they understand that even if they have asked birth mum to delete the emails, it doesn't mean she actually will delete them! And if she has deleted them what if she made notes of our details and what was said on the emails and the phone calls! And what if birth mum does act on the information even if they've told her not to! Why can't they understand how serious this is and how can they not understand that birth mum might not listen to them and keep the emails and act on the information etc.!

Edited 17/02/2021
Donatella December 1, 2020 13:36

Bloody hell! What an absolutely appalling response. Do colleges have governors? If so, report it. I’d also report to Ofsted. That is an utterly shocking response. It’s a safeguarding issue. I’d ask for a copy of their safeguarding policy and child at risk policy. They have to be available. Report also to Social services.

Edited 17/02/2021
Rosieflowerbloom December 1, 2020 13:45

They have a "Governance of the college" (think it's the same as the board of governors in a school), will report it to them.

Will speak with Ofsted and will speak will social services.

Will ask for a copy of their safeguarding policy and child at risk policy.

The SENCO has replied to me again saying she will "make every effort" to arrange me a meeting before the end of the week with herself and the principal or deputy principal to discuss this matter.

Can't believe that they are refusing to tell me exactly what they have disclosed to birth mum! Are they allowed to refuse to tell me or do they have to tell me exactly what details they have disclosed to birth mum?

Edited 17/02/2021
windfalls December 1, 2020 14:49

This really is awful. Have the police been to see you yet? If not ask them whether the college (in particular the person(s) who disclosed the information and obtained confidential information about her birth family) have committed any offence under the Computer Misuse Act and/or Data Protection Act. Inform the police that the college have refused to give you information regarding what was disclosed and who by - they will be able to get that information if they are investigating a criminal offence. It really is not good enough. Have you involved your MP yet? - if not do so - he will be able to contact the college on your behalf or at least point you in the direction of who will be able to help. Please go/speak to a solicitor - most will offer 30mins free advice - this is so appalling and their response is just so cavalier.

I am surprised that Adoption Uk have not responded with some help on this thread - have they all gone to sleep???

Edited 17/02/2021
windfalls December 1, 2020 14:51

Don't forget to emphasize to the police just how serious this is and that you want something done and want to report them for possibly committing a criminal offence. xx

Edited 17/02/2021
Serrakunda27 December 1, 2020 15:14

so they will just take birth mum’s word. Shocking. I think I would be at school and refusing to leave until the principal spoke to me.

Agree with everything above.

Edited 17/02/2021
chestnuttree December 1, 2020 15:19

Could you ask the police if the meeting could take place with the SENCO in school since they are withholding relevant information?

I would also ask the college to separate the issues/meetings and refuse to take part in an exclusion meeting as long as they withhold the answers to your questions, otherwise they are at an advantage. You could insist they either they tell you the legal grounds on which they do so, or send you the answers by tomorrow.

You could also make them aware that of course they do not have this situation "under control". How are they preventing birth mum and wider birth family from coming to your house with a weapon? How are they preventing birth mum from publishing information from those emails and phone call on social media or from contacting your daughter? I would also point out to them that this is a traumatic situation for birth mum too.

It seems that by law they must report this incident to the ICO themselves within 72 hours. See here: https://www.itgovernance.co.uk/blog/personal-data-breaches-in-schools-to-report-or-not-to-report

I would contact the ICO to find out if the school has to tell you exactly what they told the birth family.

Good luck!

Edited 17/02/2021

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