A SNAPSHOT OF CLIENT QUERIES

We’ve picked a few of the most interesting questions we’ve dealt with since our last issue, which may be useful if you ever find yourself in a similar situation at your school.

Query: It has come to our attention that the parent made a recording (probably on a mobile phone) of a meeting, without informing the headteacher or any other attendees. Subsequently, the parent produced a written summary and minutes of the meeting, which they used to submit a formal complaint to the CEO. I would appreciate your guidance on how to proceed, ensuring compliance with our data protection obligations and safeguarding the rights of staff members.

We contacted the ICO (Information Commissioners Office) regarding this matter, and they have provided some very valuable input.

If the recording was for personal/domestic use, then UK GDPR doesn't apply. If, however, it is published outside that purpose (e.g. sharing it on social media) it will come into force.

Should this issue was escalated to court, it would be the court's decision as to if it would be admissible as evidence.

The school can ask for the recording to be deleted, but the parent isn't obligated to comply if it's for personal use. The school cannot use the UK GDPR to compel them to do it. However, the school should consider advising the parent that if the recording is used for non-personal purposes such as sharing it online, they will become a data controller and the UK GDPR will apply at that point.

It would be good practice to advise all the staff who were in the meeting that a recording was made covertly and has now come to light.

This would not be considered a school data breach as it is not your recording and UK GDPR doesn't apply to personal activities. However, we recommend it is recorded on the new Handsam breach log.

person holding black rotary phone
person holding black rotary phone

Your approach is in line with the current NHS guidance which states:

What to do if you have symptoms of COVID-19

Try to stay at home and avoid contact with other people if you or your child have symptoms and either:

  • Have a high temperature; and

  • Do not feel well enough to go to work, school, childcare, or do your normal activities

You can go back to your normal activities when you feel better or do not have a high temperature.

If your child has mild symptoms such as a runny nose, sore throat or mild cough, and they feel well enough, they can go to school or childcare.

If you test positive for COVID-19

Most people do not need to take a COVID-19 rapid lateral flow test if they have symptoms.

But if you choose to do a test and the result is positive:

  • Try to stay at home and avoid contact with other people for 3 days after the day the test was taken if you or your child are under 18 years old – children and young people tend to be infectious for less time than adults;

  • Try to stay at home and avoid contact with other people for 5 days after the day you took your test if you are 18 years old or over; and

  • Avoid meeting people who are more likely to get seriously ill from infections, such as people with a weakened immune system, for 10 days after the day you took your test.

Query: We have had a couple of people query if they should be un school if they have the new strain of Covid. Currently, our advice is to treat it like the flu- i.e. if you feel unwell or have a temperature, then stay off. What is the current guidance?

blue hand sanitizer pump bottle
blue hand sanitizer pump bottle

Query: Please could I ask for some guidance on the sterile wipes we are allowed to use.

Handsam will always advise clients about DfE guidance which states which products not safe to use in the schools. The current guidance highlights four products

  • ValueAid Alcohol Free Cleansing Wipes;

  • Microsafe Moist Wipe Alcohol Free;

  • Steroplast Sterowipe Alcohol Free Cleansing Wipes; and

  • Reliwipe Alcohol Free Cleansing Wipes (the contamination was deemed to be with a Burkholderia strain not related to the outbreak cases.)

The UK Health Security Agency guidance is available here: https://www.gov.uk/government/news/public-advised-to-stop-using-certain-non-sterile-alcohol-free-wipes

Handsam would advise that should you feel you need to check your product is safe, that you should contact The UK Health Security Agency. Their contact details are at the bottom of this webpage: https://www.gov.uk/government/organisations/uk-health-security-agency

Office 27, East Moons Moat Business Centre

Oxleasow Rd, Redditch B98 0RE

Phone: 0333 207 0737

info@handsam.co.uk