From this reply I have extracted the key message that:
"The identity of the person reporting the facts of "Fred's" behaviour, plus
a genuine concern for Fred, may be kept confidential if it is judged that
the reporting person may be in some way endangered because of making the
report"
WHO judges this? The reporting person? A higher authority?
Such a report will always include an element of conjecture. It is the
nature of such reports. It is impossible to make such a report without
including conjecture. The very words "I feel there may be something wrong
with Fred that I do not see the reason for at school", while ambiguous, are
conjecture in themselves. So how can such a report be made safely? Fred's
wellbeing is a primary concern. I do NOT wish to get into an "I like social
workers, I hate social workers" debate, that has not place here. I simply
want to look with some care at correct and safe methods of making a report
as a non-social service professional, to allow them to do their (sometimes
controversial) job, and to make their own professional judgements, while at
the same time not being able to be accused of "Having ignored the problem
and let Fred die" by the media.
[Thank you for the diagnosis of autism. Such diagnoses are not simple. I
mentioned a sliding scale of things that may be astray with Fred. It is NOT
his teacher's role to judge where (if anywhere) he may be on this scale (you
will note that I have not calibrated it except at the extremes), simply to
note and alert that he MAY be somewhere on it.]
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 04 November 2001 18:50
To: [log in to unmask]
Subject: Re: Risks to teachers etc
In a message dated 04/11/2001 17:24:54 GMT Standard Time,
[log in to unmask] writes:
<< In short his behaviour is as though he is shutting out the world.
One might suggest that such behaviour may be caused by something deeply
"wrong" in the home environment. This could be anything on a scale
starting
at "Simply no time for Fred at all" through physical abuse to sexual abuse.
>>
------
It could also be autism and absolutely nothing to do with the father.
If the report was factual, with no inferences, assumptions or conjecture,
there should be no problems.
If people make accusations rather than voice concerns, they should be held
accountable. Having said that, third party identifiers can be withheld from
subject access requests when there is peoper justification for doing so -
such as to protect the physical well-being of the third party.
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
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