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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is a school allowed to document telephone record conversations

Customer Question

Is a school allowed to document telephone record conversations word for word between parent and school and then pass on that info to a third party to use against parent without consent
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Basically we took the headmaster to school governors as part of the complaint process regarding a incident that happened to our son at school, he had a black eye and no one knew how it happened he is only 4 with speech delay , I told the school I was not happy and this was the fourth incident to happen at the school to my boys ( I have two more in the school) I told him I would make a complaint to the chair of governors he replied i will report you to social services I said what for ? He said my sons black eye , I replied it happened at school I continued with my complaint and he reported us to child services , child services came and investigated us and could see we had a ongoing complaint at school and found we were not a family who needed child services no other professional has ever expressed any concerns regarding us , I asked for a subject data acess request for my sons files at school and the letter accompanying them says the school holds the copyright and I cannot pass it onto any third party without their consent but it's my child information and also in the files is telephone conversations documented between school and myself word for word and passed on to relevant people for the school to tarnish my family , we have proof of lies and the timing shows the referral was purely vindictive from him but he is protected under a duty of care how can it be right that he can do this to protect his reputation and blame us with no evidence of sons black eye when all proof points to school , please advice if I go to a solicitor can they write a letter stating that they cannot do this and we can use this info etc please please help
Expert:  Ash replied 2 years ago.
You can ask a Solicitor to write yes. You are entitled to see all documents relating to your son, where they do not disclose details of anyone else. Even then those parts can be blacked out.
The school does not own copyright and you are entitled to a copy.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
I have a copies of my sons information they sent me but they have stated I cannot re use it in any way that would infringe copyright as the copyright of the information is owned by the school and I must not copy distribute modify reproduce including publish on the internet without their consent however the info also includes information via telephone calls that were recorded and noted down word for word without my consent and passed into other parties so can they document conversations over phone between me and them and pass this info on without my consent and as the info I asked for under the data protection act regarding my son if which some parts are blackened out can I not use this info and pass it in to parties to represent my proof and defence of vindictive abuse of power
Expert:  Ash replied 2 years ago.
The school would only have copyright on published works, not letters. They can not disclose your information to third parties without consent.
Customer: replied 2 years ago.
When you state published works could you please explain in what sense please
Expert:  Ash replied 2 years ago.
For example, leaflets, promotional materials etc.
Expert:  Ash replied 2 years ago.

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