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School nativity – danger in the manger?

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IT’S the time of year when every parent enjoys watching their little darlings perform in the school nativity play. It used to be that the show was documented by hundreds of proud parents snapping away on their cameras, but more recently school politics and privacy issues have come into play, with some schools ruling that it is unacceptable to take pictures or videos of the show.

But what is the legal position when it comes to videos and photographs of school events? Are schools able to impose a blanket ban? If you ignore the school’s photography policy, what legal action can they take against you? And if another parent shares a group shot featuring your child, without permission, can you force them to take it down.

Anthony Di Palma, Solicitor at DAS Law, looks at the photographic minefield that is the school nativity play for The Herald.

My child’s school has a photography policy which states that there is a blanket ban on taking photos at the nativity play. Is this legal?

Any owner of private property may restrict the use of photography or video equipment on the premises. If ignored, you may be asked to leave and may be deemed to be trespassing if you refuse.

I signed my child’s schools consent form stating I won’t take any photos. What legal ramifications will I face should I choose to ignore the policy?

The consent form is unlikely to be legally enforceable as a contract if there is no financial loss to the school, and there are no laws generally against taking photographs of your own or other people’s children as long as the photographs are not deemed ‘indecent’, or are likely to have the effect of harming or harassing the children.

Are there any laws against sharing group shots of my child’s nativity play photos online? 

As a best practice, it is advisable that parents should avoid sharing photographs of children without obtaining prior consent of that child’s parent or guardian. However, as long as the photographs are not deemed ‘indecent’, or are likely to have the effect of harming or harassing them, then there is nothing legally stopping you from doing so.

What legal action can I take against people that share group photos of the school nativity play on social media that include my child without my permission?

You can ask the person to remove the photograph, however if they refuse there is no realistic legal action you can take. Privacy laws under the Human Rights Act cannot be enforced against other private individuals and unless you own the copyright in the photograph, or the image is offensive or indecent, then the social media site has no obligation to remove that photo if it is reported to them.

If I blur out other children’s faces can I share school play photos online?

You don’t have to blur out children’s faces in order to share them online, as the Data Protection Act doesn’t apply to photographs taken for private use and which do not identify the child (i.e. name them). However, if you would be concerned about images of your own child appearing without your permission, blurring out other children’s faces may be a sensible step to take.

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Llanelli High Street shortlisted for prize

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LLANELLI HIGH STREET has been shortlisted in the Government’s Great British High Street Awards, in proud partnership with Visa, putting them in the running for up to £15,000.

After a rigorous selection process led by a panel of independent judges, the high street has been shortlisted for the Rising Star category, which celebrates high streets which are taking the lead to adapt and diversify.

The bid by Ymlaen Llanelli follows research commissioned by Visa in April 2019 demonstrating the positive impact that the local high street has on communities. The research found that nearly three quarters of consumers (71%) in Wales say that shopping locally makes them feel happy, with nearly half (45%) citing supporting local shops and knowing where their money is going as the main reason. Spending time with friends and family (25%) and offering a sense of community (18%) were other reasons cited for why high streets make people feel happier. The research also reveals that half of consumers (50%) feel that their high street gives them a sense of pride in their local community.

High Streets Minister Jake Berry MP said: “Congratulations to Llanelli for being shortlisted for the Rising Star Award for this year’s Great British High Street Awards.

“Llanelli high street is a hive of activity, with food festivals, childrens’ days and community get-togethers all part of the local calendar. A great example of how high streets can bring a renewed energy to communities.

“People are happier when they can see their hard-earned cash support local businesses. That is why we are celebrating those that go above and beyond to keep their high streets thriving for generations to come.”

Sundeep Kaur, Head of UK & Ireland Merchant Services at Visa, added: “We’ve seen some fantastic entries for this year’s Great British High Street Awards across both the Champion High Street and Rising Star categories. In particular, the desire to innovate stands out amongst this year’s entries, with high streets adapting to the challenges presented by a rapidly changing retail environment to find ways to thrive at a local level.

“As our research shows, high streets play a vital role at the heart of communities, so this is a great opportunity for those communities with shortlisted high streets to show their support by placing their votes on the Great British High Street website.”

Llanelli High Street is one of the 28 high streets that have been shortlisted for the Rising Star category, identifying high streets which are taking the lead to adapt and diversify. 12 high streets have been shortlisted in the Champion High Street category, which recognises the UK’s best high streets. All 40 high streets are now in the running to win a prize of up to £15,000 to be dedicated to a local high street initiative.

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Head Teacher at Primary school in Llanelli suspended

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THE HEAD TEACHER of a Welsh primary school has been suspended, it has been confirmed.

Catherine Lloyd-Jenkins, who is head at Ysgol Gymraeg Ffwrnes in Llanelli, has been suspended from her duties at the school with immediate effect.

Governors at the school have been unavailable for comment, but Carmarthenshire Council confirmed the news this morning.

It is understood that the chair of the governing body is currently out of the country, and the council would not comment further on the circumstances surrounding the suspension.

The council’s director of education, Gareth Morgans, said: “School staffing is a matter for the Governing Body, however, we can confirm the headteacher of Ysgol Ffwrnes has been suspended.

“It is not appropriate to comment further.”

Mrs Lloyd-Jenkins has worked at Ysgol Gymraeg Ffwrnes for 23 years, taking up a post at the school in 1996.

She has been the headteacher there for almost 20 years, taking over the role in 2000. She has also worked as a peer inspector at Estyn, the education and training inspectorate for Wales confirmed.

According to one local councillor, ‘serious concerns’ have been raised about the school in recent months.

“Local residents and parents have approached us raising serious concerns about the school in question,” said Carmarthenshire councillor Rob James.

“We are in dialogue with senior council officers to assert whether the allegations are credible and what action the council and governors have taken in response to these allegations.”

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Dyfed-Powys Police numbers at record low, say Labour

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POLICE officers based across the Dyfed-Powys area are now at their lowest levels in the last decade, with over 300 officers being lost across the region, claim Carmarthenshire Labour.

According to a freedom of information request by Carmarthenshire Labour, police officers based across Carmarthenshire, Pembrokeshire and Ceredigion are down 42% and are at record lows in both Carmarthenshire and Ceredigion.

The figures published by Dyfed-Powys Police show that Carmarthenshire has lost 160 officers in the last ten years, Pembrokeshire is down 107 officers and Ceredigion has lost 56 bobbies on the beat.

These figures come off the back of a poor report by Her Majesty’s Inspectorate of Constabulary that shows the force has gone backwards in the last year, with crime also on the increase.

HMIC’s recent PEEL (Police effectiveness, efficiency and legitimacy) report noted concerns about Dyfed-Powys Police’s performance in keeping people safe and reducing crime and specifically warned of failures to assess all incidents of domestic abuse.

Carmarthenshire Labour Leader Cllr Rob James claims that the figures show that the current Police and Crime Commissioner is now performing worse than their predecessor.

Rob James stated: “These figures that show a dramatic decrease in police numbers are extremely worrying and reinforce what communities are saying across Dyfed Powys – there are simply not enough police officers in our areas.

“The fact that we now have lower police numbers in the three counties compared to the end of the last Police and Crime Commissioner’s term with crime now on the rise illustrates that the Plaid Cymru Commissioner is failing in his duty to protect our communities.

“We need urgent action to make our communities safe once more, as there is a clear link between the loss of youth provision and cuts to officer numbers, and the rise of crime in our communities.

“There is little evidence that our Commissioner has grasped the nettle over the last three years in tackling this important issue.”

These claims however, have been slapped down by Police and Crime Comissioner, Dafydd Llewellyn. He said that said that Cllr James had misunderstood or misrepresented the information provided to him.
The Carmarthen data have a significant rider attached to them.

The explanatory note reads: ‘It should be noted that the figures for Carmarthenshire police division between 2008 and 2018 are not comparable as the structure of Carmarthenshire division in 2018 has altered to that of 2008 which has impacted upon the figures provided’.

That explanation is expanded upon concerning the Ceredigion data. Regarding them, an explanatory note warns that: ‘[T]he structures between 2008 and 2019 are not comparable as some sections that were recorded divisionally now come under the HQ remit, e.g. the Road Policing Unit, CID, etc.’.

Dafydd Llewelyn pointed out that note in his response to The Herald: “As outlined in the response to the Freedom of Information request, structures between 2008 and 2019 are not comparable as some sections that were recorded as divisionally based are now recorded under the HQ remit, for example, Roads Policing Unit, CID.”

Dafydd Llewelyn continued: “Since taking up my role as the elected person to represent the many communities across the four counties served by the force, I have increased the overall resource available by 4%. I have ploughed funding into dedicated teams to support front line officers and have invested in resources to support the most vulnerable in our communities.

“I have commissioned services specific to their needs – be that as victims of domestic abuse or young people choosing to leave their homes for reasons unknown to authorities. I will continue to do this. I will not be held to account by numbers on paper alone, but by the difference I can make to individuals’ quality of life.

“I will also use the opportunity I have to campaign for services appropriate to the very specific needs an area the size of Dyfed-Powys Police has and will work with the force to adapt according to those needs.”

He concluded by pointing out: “Carmarthenshire, Ceredigion, Pembrokeshire and Powys remain the safest counties nationally and I’m proud to be driving a service that is willing and able to flex and respond, despite the financial challenges faced day-in-day-out.”

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