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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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Rescuers attend to injured construction workers in New Dock Street

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A MULTI AGENCY rescue operation is underway in Llanelli involving all three emergency services after an incident at a construction site.

Workers have been at the New Dock Street site, working for around three years, The Herald understands.

The Herald has been told that a piece of plant malfunctioned causing the emergency, which happened earlier this evening (Mar 19).

Four fire engines and three ambulances are at the scene, our reporter said.

A specialist line rescue team is involved in the recovery operation.

An eye-witness told the press that three workers have been affected.

The source said: “Concrete had just been mixed and had been poured into a skip which was then lifted using a machine. The concrete was being lowered into the hole, it’s probably about 20ft and then the machine toppled over.”

He added: “Two men climbed out of the hole on their own and as a precaution the third man was told to stay down there. The workers were told to leave the site as a precaution.”

At least one person has been seen being taken away in an ambulance.

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Llanelli: Met Bar incident investigated

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AN INCIDENT which resulted in a 51-year old man having to go hospital is being investigated by Dyfed-Powys Police.

The man has been discharged from Glangwili Hospital but police are looking in to how the incident happened and how the man fell down some steps.

The incident happened outside the Met Bar in Llanelli on Saturday night (Mar 16).

A spokeswoman for Dyfed-Powys Police told the Herald: “At approximately 10.55pm on Saturday March 16, officers responded to reports of an injured man outside The Met Bar, Station Road, Llanelli, after he’d fallen down some steps at the location.

“Ambulance was at scene, and the 51 year old man was conveyed to Glangwili Hospital with what was thought to have been a serious head injury. He was then later discharged from hospital, and the head injury was no longer believed to be serious.”
Anyone who witnessed the incident is asked to contact police by calling 101 and quoting DPP/3011/16/03/2019/02/C. If you are deaf, hard of hearing or speech impaired text the non-emergency number on 07811 311 908

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Reports damning for City Deal management

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THE PUBLICATION of two reports on Friday, March 15, has shone a light into corners of the Swansea Bay City Deal.

The first report released, prepared on behalf of the UK and Welsh governments, written by Actica Consulting, suggests a combination of concerns over funding and of the “much-publicised concerns on the wellness village (Delta Lakes, Llanelli, the single largest project) could cause a loss of confidence within the region”

In the meantime and, The Herald understands, over the anguished objections of the Regional

Office/Carmarthenshire County Council, the second report – an internal review – was circulated to county councillors in Pembrokeshire this morning.

The second report makes for grim reading.

The report lays bare the amount of distrust between the City Deal partners, particularly between Neath Port Talbot and Pembrokeshire councils on the one side, and Carmarthenshire County Council on the other.

Each report highlights deficiencies in the management of the Deal, which Carmarthenshire County Council and its controversial CEO Mark James are meant to lead.

Familiar to those who have kept a close watch on the activities of Carmarthenshire County Council are complaints of a lack of transparency and openness in the way the City Deal has been managed to date.

Particular criticism is made of two key aspects of the project: that under Mr James’ leadership the Deal has failed to consider the City Deal as a truly regional opportunity and focussed on building individual, local projects of limited regional value; the second major criticism is the failure of leadership given to the project and an abject lack of clear financial processes and accountability.

In spite of an attempt to spin the ‘success’ of two elements of the deal, Swansea Waterfront and Yr Egin, it is worth noting that Yr Egin was only tacked on to the City Deal when already underway because UWTSD revealed it couldn’t afford to complete the project on its own as it had promised.

Cllr Rob James, the Leader of the Labour Group on Carmarthenshire County Council told The Herald late on Friday afternoon: “I am pleased that this review has highlighted many of the concerns that we have raised on governance.

“Frankly, the report validated our actions to date.

“Trust has broken down between partners and public confidence in one of the projects, in particular, has taken a big hit.

“There are clear lessons that need to be learnt and this report highlights several of them. I now hope that the administration in Carmarthenshire consider the review in full and ensure that radical changes on governance are delivered immediately.”

Cllr Rob Stewart, Chairman of the Swansea Bay City Deal Joint Committee, said: “This review was carried out alongside the UK and Welsh Government’s independent review of the City Deal programme and sought to assure that it will deliver full economic benefits for the region.

“The findings and recommendations of the internal review will be formally considered by the SBCD Joint Committee at the next meeting.

“Looking to ensure governance is as robust as possible reflects that we’re still in the very early stages of a 15-year programme, but we’re ready to support any recommendations that would benefit the region’s economic prosperity in future by speeding up the City Deal’s delivery.”

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