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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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This enquiry is on Data Protection, so please bear

Resolved Question:

This enquiry is for advice on Data Protection, so please bear with me while I give the background:-
My wife is an employee at a local private school run under an Educational Trust
Until 29th March 2016 I was a governor of the Trust.
For two years my wife has been reporting a problem with GCSE's to the Headteacher.
On 9th March 2016 my wife told the Head teacher that she would not lie to parents and
my wife was suspended from work on 11th March in a sequence of events that we will be taking forward as “whistle blowing”. as
We believe that the Headteacher suspensed my wife in a malicious act in order to hide her own failures in dealing with this problem.
The allegations come from 9 teaching assistants within her department – all in one week about things that go back up to 5 years; 3 parents and a teaching member of staff.
The teachers complaint has now been withdrawn by the Trust as it is the real cause of the suspension – that teacher is the one my wife has been complaining about and they do not wish to discuss this.
On 29th March I was asked to step aside temporarily as a Governor as there was a conflict of interest. I agreed to this reasonable request.
On 31st March my wife was called into school and read “highlights” of the allegations against her – all of which she denies.
In the room was my wife, the Headteacher, my daughter acting as companion and another member of staff taking the minutes. That lady has worked with my wife for approximately 15 years.
The Headteacher then tabled some emails that had been sent by my wife to me on 1st September 2015. The emails were not read out and only handed to my wife.
The minutes of that part of the meeting ( as prepared by the Headteacher ) are as follows:-
( KB is my wife and RA the Headteacher. )
RA then went on to discuss KB’s e-mails. RA pointed out that she was checking KB’s e-mails to ensure there was no outstanding correspondence. RA discovered some very private e-mails which were on the school computer. RA passed copies to KB. RA stated that this throws up serious concerns about KB’s state of mind and health.
KB concerned that private e-mails had been read. RA pointed out it is a work e-mail and private e-mails should not be sent. KB said she did not have another e-mail and she did not know that private e-mails should not be sent; she stated no one had told her.
RA said also concerned about behaviour over the last few months. Crying, very stressed, going from angry to upset. Concerned about her personal appearance and how she has presented herself.
KB asked that if RA was concerned about her then why she didn’t say something to her. RA said that she did offer for KB to work from home to help alleviate some of the stress.
RA then stated in light of health concerns we would need to refer KB for a medical assessment. RA gave KB a copy of the form giving permission to access medical records and the Access to Medical Records Information.
KB stated that she would not give access to her medical records.
RA stated we have a duty of care to ensure KB is fit for work.
KB reminded RA that she had been to see her to say that she was under stress and the fact that the department was understaffed.
KB asked what would happen next if she did not sign the form. RA asked her was she refusing to sign the form?
KB then stated she would take away the medical form and get advice.
The contents of the first email details an argument between my wife and myself that includes references to our marriage and our finances. Obviously my wife and I are identified in this. The first was sent shortly before 4am
The second was sent at approx 6.25am after a phone discussion between my wife and I.
This is a list of negative comments that have been made against my wife over a period of several years – mostly by deeply unpleasant people we have encountered while trying to get our daughter off drugs.
These emails were clipped together to make them appear as one document and the date and time stamp had been removed.
The Headteacher will not have made the decision to present those emails at the meeting without Board approval and so the emails will have been circulated to other governors , all of whom I know. They have also been issued to the school solicitor – again somebody I know.
It is highly likely that the contents will have been disclosed to the Headteacher's two assistants although I have no proof of this.
The school is notoriously lax in keeping things confidential and I believe the details of that first email will now be widespread knowledge.
My questions are
1. From my wife's point of view, Was the data protection act breached by the Headteacher in revealing her opinion regarding mental health to my daughter and my wife's colleague ?
2. In my case, was the data protection act breached by the distribution of those emails?
And if so what do we do ?
Regards
Eain
Submitted: 10 months ago.
Category: Law
Expert:  Nicola-mod replied 10 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 10 months ago.
Hi Nicola
yes I can wait -
but please give this your best efforts
thanksregards
Eain
Customer: replied 10 months ago.
Still no answer
Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 10 months ago.
Hi
Can you help please - I really need an answer to this
regards
Eain
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.In brief what is it you would like to know?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi Alex
This enquiry is for advice on Data Protection, so please bear with me while I give the background:-My wife is an employee at a local private school run under an Educational Trust
Until 29th March 2016 I was a governor of the Trust.For two years my wife has been reporting a problem with GCSE's to the Headteacher.On 9th March 2016 my wife told the Head teacher that she would not lie to parents and
my wife was suspended from work on 11th March in a sequence of events that we will be taking forward as “whistle blowing”. as
We believe that the Headteacher suspended my wife in a malicious act in order to hide her own failures in dealing with this problem.The allegations come from 9 teaching assistants within her department – all in one week about things that go back up to 5 years; 3 parents and a teaching member of staff.The teachers complaint has now been withdrawn by the Trust as it is the real cause of the suspension – that teacher is the one my wife has been complaining about and they do not wish to discuss this.On 29th March I was asked to step aside temporarily as a Governor as there was a conflict of interest. I agreed to this reasonable request.On 31st March my wife was called into school and read “highlights” of the allegations against her – all of which she denies.In the room was my wife, the Headteacher, my daughter acting as companion and another member of staff taking the minutes. That lady has worked with my wife for approximately 15 years.The Headteacher then tabled some emails that had been sent by my wife to me on 1st September 2015. The emails were not read out and only handed to my wife.
The minutes of that part of the meeting ( as prepared by the Headteacher ) are as follows:-( KB is my wife and RA the Headteacher. )RA then went on to discuss KB’s e-mails. RA pointed out that she was checking KB’s e-mails to ensure there was no outstanding correspondence. RA discovered some very private e-mails which were on the school computer. RA passed copies to KB. RA stated that this throws up serious concerns about KB’s state of mind and health.
KB concerned that private e-mails had been read. RA pointed out it is a work e-mail and private e-mails should not be sent. KB said she did not have another e-mail and she did not know that private e-mails should not be sent; she stated no one had told her.
RA said also concerned about behaviour over the last few months. Crying, very stressed, going from angry to upset. Concerned about her personal appearance and how she has presented herself.
KB asked that if RA was concerned about her then why she didn’t say something to her. RA said that she did offer for KB to work from home to help alleviate some of the stress.
RA then stated in light of health concerns we would need to refer KB for a medical assessment. RA gave KB a copy of the form giving permission to access medical records and the Access to Medical Records Information.
KB stated that she would not give access to her medical records.
RA stated we have a duty of care to ensure KB is fit for work.
KB reminded RA that she had been to see her to say that she was under stress and the fact that the department was understaffed.
KB asked what would happen next if she did not sign the form. RA asked her was she refusing to sign the form?
KB then stated she would take away the medical form and get advice.The contents of the first email details an argument between my wife and myself that includes references to our marriage and our finances. Obviously my wife and I are identified in this. The first was sent shortly before 4amThe second was sent at approx 6.25am after a phone discussion between my wife and I.
This is a list of negative comments that have been made against my wife over a period of several years – mostly by deeply unpleasant people we have encountered while trying to get our daughter off drugs.These emails were clipped together to make them appear as one document and the date and time stamp had been removed.The Headteacher will not have made the decision to present those emails at the meeting without Board approval and so the emails will have been circulated to other governors , all of whom I know. They have also been issued to the school solicitor – again somebody I know.It is highly likely that the contents will have been disclosed to the Headteacher's two assistants although I have no proof of this.The school is notoriously lax in keeping things confidential and I believe the details of that first email will now be widespread knowledge.My questions are1. From my wife's point of view, Was the data protection act breached by the Headteacher in revealing her opinion regarding mental health to my daughter and my wife's colleague ?2. In my case, was the data protection act breached by the distribution of those emails?And if so what do we do ?

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