Can a school go through a kids phone?

izawa

I am wholly supportive of schools having access to kids mobile. First of all, at the most you need a basic phone at school, not a smart phone. Back in my day, a simple phone was enough to get parents involved.

[Deleted User]

izawa said:

I am wholly supportive of schools having access to kids mobile. First of all, at the most you need a basic phone at school, not a smart phone. Back in my day, a simple phone was enough to get parents involved.

Hi,

I agree, at that age, all that is needed is a contact phone.,

Panixs23

Just focusing on the legalities of going through the phone, it looks like they are allowed to do that.

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/674416/Searching_screening_and_confiscation.pdf

15. Statutory guidance for dealing with electronic devices

•Where the person conducting the search finds an electronic device that is prohibited by the school rules or that they reasonably suspects has been, or is likely to be, used to commit an offence or cause personal injury or damage to property, they may examine any data or files on the device where there is a good reason to do so. They may also delete data or files if they think there is a good reason to do so, unless they are going to give the device to the police. This power applies to all schools and there is no need to have parental consent to search through a young person’s mobile phone if it has been seized in a lawful ‘without consent’ search and is prohibited by the school rules or is reasonably suspected of being, or being likely to be, used to commit an offence or cause personal injury or damage to property.

Paula123213233

We went with the ParentShield sim plan for ours and there is a button in the parent portal that you can switch on to block calls text and data during school but even with it on the two parent numbers are allowed for emergencies. this has stopped quite a few problems for us as I need them to take a phone because I can't always get a parking space close so I need to be able to call them after school and has totally solved our other issues

maman

Paula123213233 said:

We went with the ParentShield sim plan for ours and there is a button in the parent portal that you can switch on to block calls text and data during school but even with it on the two parent numbers are allowed for emergencies. this has stopped quite a few problems for us as I need them to take a phone because I can't always get a parking space close so I need to be able to call them after school and has totally solved our other issues

That's a good piece of information for any parents reading the thread.

I find it strange that the OP seems more concerned about knowing their 'rights' than accepting that the school was trying to take measures to try to stop online bullying. 

Morglin

I would contact the school, formally, and remind them, that as you (presumably) bought the phone, you are the actual owner, and you do not give permission for them to access it like this, without you being present.   To keep it overnight was wrong…..she must have personal photos etc on it, and I wouldn’t want a non related adult poring over it with a child of mine that age.    To send messages on it was also wrong.  So, I would take it further.

Of course, bullying is wrong, and all parents should be addressing that issue.  Senior schools can (and always have been) brutal places at times.  

However, to simplify life, going forward, I would get her a cheap PAYG phone/text only phone to use at school, in case of emergency, and let her keep her smart phone for her “social life” stuff and groups for ‘out of school’ time.

Browntoa

Under current laws , a school can legitimately search any electronic device if they believe it can cause harm or break a school rule .

This can be done with or without parental consent .

The same applies for confiscation of devices .

It's good practice to then inform parents


Check childlawadvice charity website for verification if you wish

elsien

maman said:

Paula123213233 said:

We went with the ParentShield sim plan for ours and there is a button in the parent portal that you can switch on to block calls text and data during school but even with it on the two parent numbers are allowed for emergencies. this has stopped quite a few problems for us as I need them to take a phone because I can't always get a parking space close so I need to be able to call them after school and has totally solved our other issues

That's a good piece of information for any parents reading the thread.

I find it strange that the OP seems more concerned about knowing their 'rights' than accepting that the school was trying to take measures to try to stop online bullying. 

Nothing wrong with people wanting clarification on their rights. Authorities to have a tendency to overstep the bounds at times otherwise. 

maman

elsien said:

maman said:

Paula123213233 said:

We went with the ParentShield sim plan for ours and there is a button in the parent portal that you can switch on to block calls text and data during school but even with it on the two parent numbers are allowed for emergencies. this has stopped quite a few problems for us as I need them to take a phone because I can't always get a parking space close so I need to be able to call them after school and has totally solved our other issues

That's a good piece of information for any parents reading the thread.

I find it strange that the OP seems more concerned about knowing their 'rights' than accepting that the school was trying to take measures to try to stop online bullying. 

Nothing wrong with people wanting clarification on their rights. Authorities to have a tendency to overstep the bounds at times otherwise. 

Fine to check I suppose although schools have confiscated offensive/potentially dangerous things for ever in the interest of children's safety. I still think that the emphasis was all wrong. Did they honestly believe that the school had an ulterior motive? 🤔

T.T.D

Browntoa said:

Under current laws , a school can legitimately search any electronic device if they believe it can cause harm or break a school rule .

This can be done with or without parental consent .

The same applies for confiscation of devices .

It's good practice to then inform parents


Check childlawadvice charity website for verification if you wish

Not quite.

lets remind ourselves policy is not law.

yeh schools can confiscate devices to access data under certain conditions, if you don’t consent to giving a passcode the school can hold the device and then get a court order to either get permission to access the device (nothing compels you to give your passcodes or passwords!) the order I suspect would only grant access under parental supervision and only allow access to data pertaining to the complaint made by the other pupil and nothing else. 

I fully believe that the head taking it home and using it outside the remit of GDPR data protection rules and school policy, is wholly inappropriate, god only know why they chose to take it home.

A complaint to the schools Governing Body would be my first complaint,  then escalation all the way to the public service ombudsman, in concurrence to a complaint to the ICO for data protection breach by taking it home and the phones use outside of the schools security and privicy of pupil and child.   The data was fully controlled on school premises, sending messages was a complete data and privacy breach, there’s no power for them to use it for any other purpose other than search and data collection pertaining to platform the child accuses the pupil of bullying. I also believe that the head breached article 8 of human rights act. This pupil had a level of personal privacy expected to them, the head although probably justified in taking the phone, I do not believe he had a Carte blanche to the phones data and use of the phone. 

The head doing what they did broke the law in my opinion and was as equally as wrong as the pupil highlighted here as being a bully.