Playgroup breaching data protection act?

abi-em-mum83

Hi I know its not really moneysaving but need some advice concerning the data protection act!
My youngest daughter has been attending a local playgroup up until they broke up for the summer. Since she would be starting the school nursery after the holidays I told the play leader she would not be coming back when they returned after summer. I asked if she needed me to put it in writing but I was assured verbally was fine.
However on Friday of last week another mum from the playgroup mailed me on Facebook, and said the play worker (who I have had serious concerns about before) had crossed the road to speak to the mum and ask her to pass a message on to me that I had never told HER that my daughter wouldnt be returning after summer, and I am being charged for it. She also told her that I had a large outstanding bill that I hadnt paid. I had told her superior, the person in charge of the playgroup, and as for the bill, it was a misunderstanding which had been long resolved!
Obviously I am very annoyed at this, and believe its a breach of the data protection act! She has no right telling another parent my private business. If there was any issue she should be calling me directly, or if she must involve other people, surely saying please ask her to contact us for an urgent matter!
I have today spoken to the pLayleader who has confirmed she knew my daughter wasnt returning, and there is no outstanding bill. She is building a case for disciplinary action against the worker, and has asked that I put my complaint in writing!
Is anyone able to give me any quotes about the data preotection act I could put into the letter? I have other points of complaint to make about her, concerning her interactions with the children at the playgroup, but I really need some help with the data protection act part!

fluffnutter

You have a right to be cross. I suggest you keep the Data Protection Act out of it; it's specific legislation regarding how, where and for what purpose you hold data, not a means of avoiding tittle-tattle.

Write to the nursery and resolve your issues surrounding the alleged outstanding charge and ask them to remind their staff to be professional and specifically to not gossip or pass on messages via others. Bring up your other issues with this employee by all means, but muddying the waters with spurious links to legislation most people struggle to understand probably won't help.

wuckfit

abi-em-mum83 wrote: »

Hi I know its not really moneysaving but need some advice concerning the data protection act!
My youngest daughter has been attending a local playgroup up until they broke up for the summer. Since she would be starting the school nursery after the holidays I told the play leader she would not be coming back when they returned after summer. I asked if she needed me to put it in writing but I was assured verbally was fine.
However on Friday of last week another mum from the playgroup mailed me on Facebook, and said the play worker (who I have had serious concerns about before) had crossed the road to speak to the mum and ask her to pass a message on to me that I had never told HER that my daughter wouldnt be returning after summer, and I am being charged for it. She also told her that I had a large outstanding bill that I hadnt paid. I had told her superior, the person in charge of the playgroup, and as for the bill, it was a misunderstanding which had been long resolved!
Obviously I am very annoyed at this, and believe its a breach of the data protection act! She has no right telling another parent my private business. If there was any issue she should be calling me directly, or if she must involve other people, surely saying please ask her to contact us for an urgent matter!
I have today spoken to the pLayleader who has confirmed she knew my daughter wasnt returning, and there is no outstanding bill. She is building a case for disciplinary action against the worker, and has asked that I put my complaint in writing!
Is anyone able to give me any quotes about the data preotection act I could put into the letter? I have other points of complaint to make about her, concerning her interactions with the children at the playgroup, but I really need some help with the data protection act part!

If you're going to complain, in writing, there's no harm in getting as many angles as you can on this.

So, whilst possibly not strictly-speaking 100% relevent to this, you might want to put the frighteners on by also quoting from section 40 of the Adminstration of Justice Act 1970.
This is to do with harrassment of debtors and presumably will cover alleged debtors as well. (by claiming you had run up a large bill, I think her behaviour falls within the scope of this. Further, one might also argue that her behaviour means she's acting as an unregistered Debt Collector.)

40 Punishment for unlawful harassment of debtors. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-

• harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

Throw this in with the Data Protection, and anything else you have.

peachyprice

It sounds to me that the playgroup leader is dealing with the situation adequately, she is investigating and will discipline the worker (not sure she should have told you that though under the DPA).

Just write your letter stating the facts as they are. IMO throwing in quotes from acts you do not understand in their entirety will achive no more for you than sticking to the facts will and may make you look more than a little foolish if challenged.

fthl

especially as it is very debatable whether the AJA applies.

abi-em-mum83

Hi thanks for your replies. I have written a letter with the angle that it was unprofessional rather than trying to scare with Data protection act. To quote the play leaders email "please put all concerns into an official letter of complaint, with one copy addressed to myself and another copy addressed to xxxxx (area manager). Written letters detailing all complaints is preferrable in cases of discliplinary action."
I have been concerned for quite some time about this womans actions. On the last day before they finished for summer, during a little party she allowed another parent to scream in the face of one of the children! All parents who are on the rota to work in the playgroup must be disclosure checked, yet this specific parent had never been involved (his wife usually did duty but was unable to this day so he stepped in instead) and therefore had never been disclosure checked, and subsequently shouted very aggresively at a child who had retailiated to this parents childs violence. Rather than say anything to this parent or his violent child, she disciplined the other child. The parent watched as his child ran about hitting and biting the other children, and the playworker said nothing the whole time, yet when a child accidently hurt another, she made them sit in a corner! She has favourites within the children and parents, and in the year my child was there I NEVER saw her play or interact with the children other than to discipline those she didnt like! I should of made an official complaint long ago, but beleived the play leader was dealing with her. but obviously it isnt working!!

Hintza

Your child has left, you didn't bother reporting anything before you left. So why are you getting involved now?

You need to seriously ask yourself that question. Is this a witch hunt?

I don't really want an answer but you can answer it truthfullyto yourself.

somethingcorporate

I am +1 with Hintza here, there are some battles worth fighting but I am not sure this is not one of them.

What do you hope to achieve? it looks like the person is already going to receive disciplinary action and possibly lose their job. I cannot see what you would get out of this (not that it is any excuse for unprofessional behaviour).

arcon5

wuckfit wrote: »

So, whilst possibly not strictly-speaking 100% relevent to this, you might want to put the frighteners on by also quoting from section 40 of the Adminstration of Justice Act 1970.
This is to do with harrassment of debtors and presumably will cover alleged debtors as well. (by claiming you had run up a large bill, I think her behaviour falls within the scope of this. Further, one might also argue that her behaviour means she's acting as an unregistered Debt Collector.)


Throw this in with the Data Protection, and anything else you have.

Whilst we're throwing in legislation taken out of context, also add Public Disorder Act 1986 and Sales of Goods & Services Act 1982 .

With all the rights in the word, it's already happened now so their irrelevant. Whats relevant is making sure it doesn't happen again, which a firm, factual, objective letter to an already co-operative manager will acheive.

abi-em-mum83

because i dont want any other children and parents being treated this way! At the end of term myself and 4 of the other parents had decided to do a collective complaint letter and I had made notes of the issues I had, but getting us all together had been difficult. Now this gossiping about my private business has beent he last straw. She cant be allowed to treat the parents and the children this way, and it would be very selfish of me if I have all these worries to forget about it just because MY child was no longer there. Excuse the over dramatics but its like saying well my child is no longer being abused so I will just forget about it!

arcon5

Hintza wrote: »

Your child has left, you didn't bother reporting anything before you left. So why are you getting involved now?

You need to seriously ask yourself that question. Is this a witch hunt?

Not necessarily. I wouldn't want people knowing of anything at all about my finances -- whether right or wrong.
A persons financial standing can be a very sensitive area which you wouldn't want anybody outside your household to know off.

Whether they use the place again or not is irrelevant. Anybody in this situation would want to be sure information will remain private and confidential and that discussing it with outsiders will not happen again.

somethingcorporate wrote: »

I am +1 with Hintza here, there are some battles worth fighting but I am not sure this is not one of them.

What do you hope to achieve? it looks like the person is already going to receive disciplinary action and possibly lose their job. I cannot see what you would get out of this (not that it is any excuse for unprofessional behaviour).

So?

They openly discussed private and confidential information with somebody they shouldn't have.

It it is a oneoff and the worker is generally very good then it is very unlikely they will loose their job.

They would likely only be in a position where they would loose their job if it is not an isolated incident or there is other major concerns about the employee.