4. Serial misrepresentation by the school of what was said during meetings ... School refusal to allow meetings to be tape recorded...
On Wednesday 29th November 2006, I attended a meeting at Ringwood School to discuss concerns about the school's arrangements to safeguard my daughter's health, safety, well-being and dignity.
A few days after the meeting, I was sent a copy of the 'Minutes' that had been prepared by the school.
When I read through the document, I found it had been very craftily worded by the author (Frea Newberry, the school's SENCO) in such a way as to be completely devoid of any mention of the criticisms I had made of the school.
I was so annoyed, I typed out my own 'Minutes' and sent a copy off to the school and the LEA, describing them as being 'a bit more explicit that the Minutes prepared by the school'.
At the next meeting with the school (09/01/2007), I explained that I had reservations about being misrepresented in the school's Minutes of the meeting. I referred to my previous poor experiences and asked if it would be OK to record the meeting on a digital recorder.
M/s Edwards, the Headteacher said "No."
She explained that if a verbatim recording was made it was likely to have a 'limiting effect' on the contribution of those present and that that would be counter productive to the purpose of the meeting. She said that it would only be OK to tape record the meeting if everyone agreed and that, in this case, she, Mrs Newberry (SENCO) and Geraldine Chapman (Senior Educational Psychologist Dorset LEA), all objected.
Mrs Edwards said that I could make my own notes and that we could summarise and agree the 'action to be taken' at the conclusion of the meeting, before closing.
I reluctantly agreed and the meeting went ahead.
What a mistake!
The 'Minutes' produced by the school of that meeting exemplified exactly why I had wanted to record what was said. I was furious!
From then on, I resolved to insist on recording any future meetings with the school's officials and I informed the Headteacher by email.
M/s Edwards responded in an email sent to me on 2nd February 2007, saying "As stated at the last meeting, you are very welcome to take written notes during the meeting. It will not be acceptable for you to record meetings electronically."
In doing so, she effectively precluded any further 'face to face' meetings between us and school officials from taking place!
How can the school's 'no tape recording' ruling ever be fair?
I believe that parents should be able to tape record meetings, so as to have a true record of what was said. Otherwise, it's all too easy for school officials to 'tailor' the Minutes to suit themselves, omit to mention significant details and to deny anything they wish after the event (e.g. saying you are "mistaken" when they go back on their word about what they promised you in the meeting.)
Yes, parents can take their own notes, but most parents won't have the skills to be able to simultaneously make notes and take an active part in the meeting. Will they?
And, if you do make your own notes, you'll get told that if you are the only party to a meeting that does not agree the school's Minutes, then the school's Minutes will remain the Official Minutes of the meeting anyway!
What needs to be considered here is that, if, at a later date, the only means you have to contest the accuracy or completeness of the Minutes produced by the school is your own recollection and some brief notes, you are unlikely to be successful!
Which is why I think it's something that should be the subject of advice and guidance from the DfES.
But, strangely, it isn't!
I checked with the Department for Children Schools & Families (DCSF), formerly the DfES and was advised by Shirley Hall, from the DCFS's Public Communications Unit that "There is no formal guidance on this matter but the general principle would be for those present to decide, at the outset, how to conduct the proceedings. Where possible these should be reasonably informal so that all parties can present their case effectively. Tape-recording should be avoided unless there is good reason and all parties agree. If there is an impartial person who can act as minute-taker this is one way of ensuring that the content of the meeting is effectively recorded."
When I asked why no such Guidance exists, I received a reply from Chris Foster, at the DCFS's Public Communications Unit saying "The underlying principle is that concerns ought to be handled, if at all possible, without the need for formal procedures. The formal requirement to have a complaints procedure need not in any way undermine efforts to resolve the concern informally. Schools are required to have procedures to deal with complaints and these procedures should reflect the most appropriate ways to do so. There has been more emphasis on giving schools freedoms to determine their own processes as they are best placed to decide what suits their needs - prescription from central Government is not always necessary as we recognise one size does not fit all." and the Department does not consider that the tape recording of meetings is a subject which needs guidance and has no plans to produce any in the forseeable future."
Curious, isn't it, that in spite of the fact that the current situation allows for schools to abuse the trust of parents (and also protect themselves against future claims) - and something that is the cause of a lot of animosity and mistrust between parents and schools - the government Department with responsibility for Education chooses not to issue Guidance or Directions on the subject?
Now, ask yourself whether that is in your interests or your children's interests?
Advice to other parents....
Always, always, always record meetings with school officials.
Don't mention it to them beforehand, just do it.
It's not illegal - and that way you will have a word for word account of what was said (that could, legitimately, be used to contest any subsequent claims to the contrary.)
Is it really legal to record a conversation without permission?
Yes.
In the UK, provided that the recording is for their own use, it is not illegal for someone who is a party to a conversation to make a recording of that conversation, even if the other party/parties either do not consent, or do not know the recording is taking place.
For other confirmation: Click Here
What would happen if the parent or pupil was blind?
If, for example, a parent or pupil was blind and the school had no provision for producing Minutes in Braile, then a tape recording would be the most appropriate. Wouldn't it?
Disability Discrimination?
If you or the child you are representing is 'disabled' (i.e. under the terms of the Disability Discrimination Act), then a refusal to allow you to make a recording could conceivably constitute an act of Disability Discrimination.
Someone has managed it!
Someone (NOT ME!) has managed to get an Annual Review meeting tape recorded!
Below is a compilation of excerpts from the public forum on the ParentsCentre web site on Fri May 16, 2008 10:48 AM.
"Some good news.....the Local Authority (LA) have agreed to tape my daughter's Annual Review.....Daughter's Advocate proposed that her meeting should be taped recorded to allow her to support daughter through the meeting and then use it to do a debrief with her afterwards. This is to both empower our daughter and enable her to fully participate in the meeting, and put her own views forward.... Advocate stated that it was daughters express wish for the meeting to be recorded to enable her to fully understand what was being said. LA have responded....stating that they refuse to consent to the taping of the meeting..... I have now written back to state that my daugther maintains this is her preferred wish and that as such they must agree, otherwise they will be acting outside their responsibility, according to the Children Act, DDA, and the Human Rights Act, by not allowing our daughter to use whatever means she feels is necessary to enable her to participate in HER meeting."
Sat May 17, 2008 7:50
"Annual Review was held yesterday. It was taped. We had a 2nd tape going and the LA gave the first copy to the advocate to do a debrief with our daughter. Basically the LA appear to have rolled over and agreed to everything that we requested in our parental contribution to the Annual Review.....Whew!"
The Local Authority in this instance clearly felt uneasy about refusing to allow the meeting to be tape recorded and conceded. I hope more will follow suit!