Students who are over 18 and contacting parents/social workers?

[sim667]

There's a bit of contention at work about whether its appropriate to contact parents of students who are over 18.

The debate has come about over reports.

A report has been sent to the social worker of an over 18 student, but the college has not verified that the social worker is actually the social worker, apart from the social worker ringing up and saying "Hi, Im the social worker". The student isn't very happy about this.

Another faux pas that has been made was sending a report addressed to the parents of a 50 ish year old student, who pointed out to us his parents had been dead 50 years.

Could it be considered a DPA issue for students over 18?

 

[Blagsta]

Yes I think it could.

 

[Looby]

I was a mature student when I was in FE and would have gone apeshit if anything had been sent to my mother. In fact, I left home at 16 so nothing should have gone to her or social services from them as I wasn't in her/their care.

 

[sim667]

I thought that might be the consensus, but from googling it it seems to be a bit of a grey area.

 

[cesare]

Yes I think it could.

I think so too.

I'm wondering just how much effort has been put into looking at the implications of raising the full time education/training age to adult ie 18. It doesn't look as though some education/training establishments have thought it through and produced proper guidelines and training.

 

[sim667]

I think so too.

I'm wondering just how much effort has been put into looking at the implications of raising the full time education/training age to adult ie 18. It doesn't look as though some education/training establishments have thought it through and produced proper guidelines and training.

I can answer that for you.

Absolutely zilch.

 

[cesare]

I can answer that for you.

Absolutely zilch.

I wonder how widespread that is? Might be worth you doing a poll - there's a fuckton of teachers/educators on here isn't there?

 

[sim667]

I wonder how widespread that is? Might be worth you doing a poll - there's a fuckton of teachers/educators on here isn't there?

Yeah although I think FE ones are few and far between, I think mostly they're secondary...... However if they've got a sixth form the issues still apply

 

[sim667]

Does anyone know how I'd find out the legal aspect of this issue though? It's a question that's come up more than once at work.

 

[5t3IIa]

Does anyone know how I'd find out the legal aspect of this issue though? It's a question that's come up more than once at work.

Union?

 

[cesare]

Legal rights at 18 according to mumsnet: http://www.mumsnet.com/teenagers/legal-rights-at-18

Data Protection rights relating to schools, universities and colleges: https://ico.org.uk/for-the-public/schools/

 

[sim667]

Legal rights at 18 according to mumsnet: http://www.mumsnet.com/teenagers/legal-rights-at-18

Data Protection rights relating to schools, universities and colleges: https://ico.org.uk/for-the-public/schools/

Good old mumsnet

 

[cesare]

Good old mumsnet

Innit

Someone worked hard to draw all of that together from all the separate sources. You'd think Yougov would have done something.

 

[aqua]

No, students over 18 must give written consent before ANY of their details, even confirming if they are a student at an institution, can be released.

 

[sim667]

No, students over 18 must give written consent before ANY of their details, even confirming if they are a student at an institution, can be released.

This is what I thinking, but even looking at the information from the ICO and Mumsnet, its still a bit woolly.

A report is considered a document that contains sensitive information, and thus is sbuject to data privacy laws.

Sensitive information can only be released to legal guardians of under 18's and only with express consent of over 18's (including parents?)

Does that sound about right?

And by permission from over 18's I'd assume that would have to be written permission kept on file, not just yeah verbal permission.

I don't think we have anyone who deals with this stuff, hence our workplace hasn't answered a FOI request in 5 years now.

 

[purenarcotic]

Someone aged over 18 is an adult and there is no reason for their parents to be contacted unless they are listed as a next of kin and it's a next of kin type emergency. Even when there are issues over someone's capacity, it doesn't automatically mean that the parents who are contacted.

Also, if someone calls up stating they are someone's social worker, the college really should be making a bit more effort to confirm that person's identity. A simple call to the local social services will tell you within about five minutes whether that person is a registered social worker. You should also be having a conversation with the student involved as they have a right to know what information is contained in that report. There are some S47 inquiries which allow for the person being investigated not to know they are (for fear that this will place the child subject to the S47 inquiry at risk of further harm) but this should be explained in a formal letter to the college, not just a phone call. I am a qualified social worker btw.

Your safeguarding lead could benefit with some further training I think.

 

[cesare]

sim667 You should ask who your college's Data Controller is.

 

[cesare]

farmerbarleymow knows a lot about data protection, iirc.

 

[sim667]

sim667 You should ask who your college's Data Controller is.

I know the answer.... there is no-one officially in the role.

The college has quite clearly overstepped their boundary, but as the boundary has been overstepped by the safeguarding officer, then reporting it as a safeguarding issue seems pointless as they'll ignore it.

 

[aqua]

I know the answer.... there is no-one officially in the role.

The college has quite clearly overstepped their boundary, but as the boundary has been overstepped by the safeguarding officer, then reporting it as a safeguarding issue seems pointless as they'll ignore it.

And if people externally get wind it's been ignored that adds extra fire. There has to be someone who deals with DPA breaches, because it needs a formal institutional response.

 

[cesare]

I know the answer.... there is no-one officially in the role.

The college has quite clearly overstepped their boundary, but as the boundary has been overstepped by the safeguarding officer, then reporting it as a safeguarding issue seems pointless as they'll ignore it.

You say a debate has come up - who is debating it?

 

[purenarcotic]

So report to the local safeguarding board. They need more training.

 

[sim667]

You say a debate has come up - who is debating it?

Oh there's been debates about whether we should be sending reports to over 18 (and as such whether teachers should be writing them)..... Thats been a hot topic of conversation between management who say that all learners on a course up to level 3 should have a report sent to their parents, regardless of age, which has previously included a 50 year old bloke who's parent were long dead.

 

[Looby]

My reports were sent to me as I was over 18.

 

[sim667]

I'm going to urge the lecturer involved to raise it as a data protection issue.

 

[cesare]

Oh there's been debates about whether we should be sending reports to over 18 (and as such whether teachers should be writing them)..... Thats been a hot topic of conversation between management who say that all learners on a course up to level 3 should have a report sent to their parents, regardless of age, which has previously included a 50 year old bloke who's parent were long dead.

Sounds as though your management need training in data protection as well making sure that the safeguarding training need mentioned above is dealt with.

 

[aqua]

Oh there's been debates about whether we should be sending reports to over 18 (and as such whether teachers should be writing them)..... Thats been a hot topic of conversation between management who say that all learners on a course up to level 3 should have a report sent to their parents, regardless of age, which has previously included a 50 year old bloke who's parent were long dead.

I assume you're in FE then? No they bloody shouldn't have anything sent to parents unless the individual gives permission. Would they send a report of a drs visit? No, because it's not relevant to anyone but the individual.

 

[toggle]

I think so too.

I'm wondering just how much effort has been put into looking at the implications of raising the full time education/training age to adult ie 18. It doesn't look as though some education/training establishments have thought it through and produced proper guidelines and training.

that sounds about right. even in places that should have experience in these things.

I did a foundation degree at a local college which I started in my mid 30s. no one on the course was under 18 and when a field trip was organized, the tutor came and told us that she had been told we needed to fill in parent's permission slips. A lot of it was ordinary stuff, confirming current phone number for next of kin, but the bottom was for parent/guardian to sign. I refused to get anyone to sign it. and refused to sign. At uni, the same kind of trip was dealt with through a sign in sheet name/emergancy contact number. all sorted.

the college also pulled a planned trip that would have required us getting ourselves out into a place in the middle of nowhere, because the only reasonable way to get there would have been to carshare, and they decided that was not allowable. we got quoted child protection legislation. we tried to organise it ourselves, but the place we were going would not deal with individuals, only organisations.

 

[Mr Moose]

Cynicism aside I would have thought colleges would be much more aware of this issue? Surely they will have been pressured by parents in the past to provide information about students progress or difficulties and would have worked out a disclosure policy to fit the law?

 

[Greebo]

<snip> the college also pulled a planned trip that would have required us getting ourselves out into a place in the middle of nowhere, because the only reasonable way to get there would have been to carshare, and they decided that was not allowable. we got quoted child protection legislation. we tried to organise it ourselves, but the place we were going would not deal with individuals, only organisations.

FFS!