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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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Community

Council appoints demolition contractor ahead of exciting changes for Tyisha, Llanelli

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CARMARTHENSHIRE COUNTY COUNCIL has appointed a contractor to demolish housing blocks in Tyisha commonly known as ‘the Four Tys’.

The demolition work, which is set to begin at the end of November, will enable the build of a modern, mixed-use housing development which meets the needs of the community, as well as improvements to existing homes and the creation of community facilities and green spaces for everyone to enjoy.

Cllr Linda Davies Evans, chair of the Transforming Tyisha steering group and cabinet member for housing said: “I am delighted that we have reached this important milestone in the Transforming Tyisha project. The demolition of the ‘Four Tys’ will evoke powerful memories for many people who have lived and worked in Tyisha, but will mean that we can develop the housing and facilities that the community wants, needs and deserves.Local residents and businesses who may be impacted by the demolition process will be contacted  before any work begins and throughout the process to ensure minimum disruption.”

This forms a part of the council’s ambitious plans to regenerate the Tyisha ward and the wider Llanelli town centre area which is undergoing massive investment.

The council is also seeking a partner to develop new housing and create a vibrant community. An early market engagement exercise is currently live which gives potential partners the opportunity to express their interest in working with the council to transform the area.

Fresh and innovative ideas for this exciting project can be submitted to the council until December 7.

For more information on the early market engagement process or the council’s Transforming Tyisha regeneration project please visit www.carmarthenshire.gov.uk/tyisha

The demolition of the ‘Four Tys’ forms part of the council’s ambitious Transforming Tyisha project which looks to regenerate the area through increasing community safety, developing housing and community facilities and improving the environment.

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Man jailed for assaulting three officers during arrest

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THREE female officers carrying out their duties suffered injuries in an unprovoked attack at the hands of the man they were trying to arrest.

Officers had executed a warrant at the home of John Steven Knight, in Stafford Street, Llanelli, for an unrelated matter. Because the 37-year-old was not home, PC Jaye Blanco-Martin, DC Eleri Owen and colleague who does not want to be named, attended his work in Ammanford.

As officers spoke with Knight he was initially calm and compliant. But then he tried to unlock his phone.

The DC who is not being named said: “In fear that Knight was attempting to delete evidence and frustrate a police investigation I took hold of his left arm to try and seize the phone. 

“Knight’s personality and attitude towards the officers changed instantly.

“He moved his phone to his other hand and immediately started to fight us.  He was pulling away clearly trying to escape.

“Out of nowhere I felt a sudden push from Knight using his full body weight and as a direct result of this blow and I fell to the ground and hit my head. I immediately felt pain and discomfort to my head and it started throbbing.” 

In the struggle, all three officers ended up on the floor having been shoved and thrown into furniture, walls and a door frame.

Despite Knight’s efforts, the officers were able to arrest him, although they were left with the marks to show they had been in a struggle.

One officer suffered a suspected head injury that required a CT scan, while all three suffered cuts and bruising to various parts of their bodies.

The officer added: “I was incredibly worried for mine and my colleagues’ safety.  Knight was a well built and over 6ft and had the strength to take three officers to the ground with him.”

Knight appeared at Haverfordwest Magistrates Court on September 29, the day after his arrest, on September 28, when he was sentenced to 12 months in prison.

Following the terrifying ordeal DC Owen said: “During the whole incident I was afraid not just for my safety but also my colleagues.

“That it was only three females with a male who was around 6ft 2ins resisting and assaulting officers made me feel vulnerable.

“I will never forget this, it will be something that stays with me throughout my career. I did not expect to go to work that day to be assaulted. I was just carrying out my duties.”

After a rise in such assaults, Dyfed-Powys Police has linked with Wales’ emergency services to launch the year-long ‘Work With Us, Not Against Us’ campaign.

It came after more than 4,240 assaults were committed against emergency workers, including police, fire and ambulance crews, in the period April 2019 – November 2020, representing a monthly average increase from 202 in 2019 to 222 in 2020, or 10%.

Temporary Deputy Chief Constable of Dyfed-Powys Police, Emma Ackland, said: “Assaults on police officers continues to increase and this is completely unacceptable. No officer should expect to come under any sort of attack when doing their best to serve the public and potentially save lives.

“It is vitally important that sentences given reflect the harm and upset caused to these victims – professionals doing their work.”

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Town centre triumph as food festival returns

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THE people of Llanelli treated themselves on Saturday, October 16 as Llanelli Food and Drink Festival returned for its third stint in the town centre. 

Crowds turned out in droves as hot street food vendors and artisan producers lined the streets in the event organised by Ymlaen Llanelli, the town centre’s Business Improvement District (BID).

Chair of Ymlaen Llanelli, Lesley Richards, was thrilled with the event’s success: “The annual food festival is our biggest event, and it was great to see people excited for it to return after a year away. Our work at Ymlaen Llanelli is all about bringing people together in Llanelli town centre, so we’d like to say a massive thank you to everyone that came along and made the day what it was. We can always rely on the people of Llanelli to bring the party!”

The sun was shining as festival-goers as they tucked into their treats and were entertained as a lineup of acoustic acts took to the stage in Stepney Square. 

Children and adults alike got stuck into the food-themed crafty fun as the vintage pottery bus Annibendod offered Mad Hatter’s Tea Party pottery, while A Taste of Times Past hosted pickling and pasta-making workshops in St Elli Shopping Centre.

BID Manager, Mandy Jenkins, was pleased with the day: “It was brilliant to see town so busy, and we’ve had incredible feedback from our businesses who were choc-a-block on the day. On top of that, the public response has been phenomenal, so we really couldn’t be happier. Thank you Llanelli!”

Ymlaen Llanelli returns for some festive fun with Llanelli Reindeer Parade on Saturday, December 4.

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