Current local authority best practice Claire Bessant, Northumbria Law School By PresenterMedia.comPresenterMedia.com

Ensure parents are aware of the schools policy on photography (which should have been approved by the board of governors, and ideally have been formulated in conjunction with parents) This information might be made available in the school prospectus/ upon enrolment/at the start of each academic year or be provided in the form of a standard letter/ sent well in advance of each event. The information might be made available in a specific policy on parental photography or a wider policy which also encompasses school use of photography or an e-safety policy Ensuring parents understand the school policy

Who will be allowed to take photographs Will this policy apply for all events or will a decision be taken event by event Any restrictions on use of images Content of photographs, where photographs may be taken and when photographs may be taken Behaviour when taking photographs When it might not be possible to take individual children’s images or to take any photographs What the policy might include (1)

Actions that will be taken against parents if school policy is contravened What parents can do if they have concerns about another parents behaviour What parents can reasonably expect from the school (the limits to what schools can do) Factors that the school have taken into account when drafting the policy Possible supporting documentation: Model letters indicating whether photography is allowed/any restrictions on photographs; Consent/refusal of consent forms; Parental agreement relating to use of photographs What the policy might include (2)

Parents told upon enrolment/each September that general photography (and filming) will be allowed at most events. Parents are asked to tell the school if they object to their child being photographed or filmed. Parents should be told that unless they specifically withhold consent to their child being photographed by other parents/carers consent is assumed. If parents do complete a withholding of consent form the options are that; general photography/filming will be prohibited general photography/filming is not prohibited, arrangements are instead put in place following discussion with parents to try to ensure that the particular child will not be filmed or photographed. Consent forms should be checked by schools when organising sports day or play/concert etc at school premises. An opt out approach?

The school obtains explicit parental consent to the taking of their child’s images (by parents). From whom should consent be obtained? When should consent be obtained? If any parents do not provide consent schools have a number of options, for example: no photography allowed; photography allowed only at the end of an event or at a designated time and place, once the child whose photograph is not to be taken is out of the way; ensure that the child whose photograph is not to be taken plays a role which ensures their image will not be captured ie narrator out of sight/back stage A consent based approach?

Anyone who wishes to record all or part of a production must seek permission from the head teacher well in advance. They must agree that any photographs or recording will be for personal use only and are not to be shared online. The school should ensure a record is kept of those who have obtained permission. To avoid disruption to other members of the audience consideration will need to be given to whether individuals who have obtained permission will need to be seated in the back row or in some other appropriate place. An authorisation only approach?

Schools advise parents that the school (or its representative) will be filming the event. The letter should explain if images may go on sale and provide opportunity to object. Sufficient notice should be given so that if an objection is made in relation a child then it does not impact greatly upon the school’s plans. It may be helpful to explain why the school has decided to take a video itself. Reasons cited often include; the obstruction caused by large numbers of the audience taking their own films/pictures, that a professionally produced tape is not only of better quality but its sale will also generate income for the school, that the school has greater control over use of images and can limit the possibility that images will be uploaded Schools record events (instead/as well)

Before each event parents are asked to sign an agreement confirming that any photographs/videos taken will be for personal/family use only and will not be uploaded to the internet. Only those parents who sign the necessary agreement will be permitted to take photographs (a register may be needed to monitor compliance) Parents are advised in the school prospectus what the school parental photography policy is and sign agreement confirming any images captured will not be shared online upon enrolment The school makes an announcement at the start of each event to advise that images should not be shared online/made publicly available The school as part of a wider strategy on e-safety/internet use informs parents and children of the risk of publishing digital images online and may highlight why some people do not want their images online. Ensure parents realise that the same principles apply to photographs taken by camera phone - photographs are for personal use only so no uploading How to deal with internet sharing?