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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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Council’s cannon stolen from outside Cleddau Bridge Hotel

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A LARGE cannon has been stolen from the now closed Cleddau Bridge Hotel in Pembroke Dock in the last few days.

A local councillor and the police have appealed for information which will lead to the safe return of the gun.

Ward councillor Joshua Beynon said: “Dyfed-Powys Police have just telephoned me to say they are investigating the cannon that was stolen from the former Cleddau Bridge Hotel. It is believed to have gone missing sometime between the evening of Wednesday 20th March to the morning of Thursday 21st March.”

The police said in a statement: “If anyone has any information then can I urge you to call the police on 101 and quote the crime number: DPP/0064/21/03/2019/01/C as soon as possible.”

The cannon, one of two dug up from the ground at Hobbs Point and later restored, used to stand outside Llanion Park, the former offices of South Pembrokeshire District Council, which is now the head office of Pembrokeshire Coast National Park.

The canon is the property of Pembrokeshire County Council and was given to the hotel on loan.

The hotel’s management neglected to make arrangements for its return to the local authority on closing down.

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How to get a refund for unused Cleddau Bridge tickets after April 1

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PEMBROKESHIRE COUNTY COUNCIL has announced details on how it plans to refund Cleddau Bridge users left with unused books of bridge tickets after it becomes toll-free.
From 1st April until 30th June refunds will be available from the Cleddau Bridge office itself and the North Wing Customer Service Centre in County Hall, Haverfordwest.
Refunds for all three classes of tickets will be available at the Cleddau Bridge office.

The classes are:

Class A blue-coloured tickets (for motorcycles)
Class B red tickets (cars and light commercial vehicles)
Class C orange tickets (HGVs).

Refunds at the office will be available round-the-clock from 12 noon on 1st April and will be paid – wherever possible – back to the original debit/credit cards up to a maximum of £150 with cash refunds up to £30.

Any refunds over £150 will be made by BACS transfer unless otherwise agreed in advance.

Only Class B red tickets will be refunded at the North Wing Customer Service Centre in Haverfordwest.

Here, refunds will be paid back to the original debit/credit card up to a maximum of £90 (ie three books of 50 tickets)

The maximum cash refund at this location will be £30 (ie one book of 50 tickets).

Refunds at the North Wing Customer Service Centre will be available weekdays between 9 am and 1 pm and 2 pm until 5 pm.

Organisations which have previously purchased tickets with a value exceeding £400 will be contacted during the week commencing Monday, 25th March with instructions on how to reclaim their refunds on an appointment basis at the Cleddau Bridge office.

The County Council’s Cabinet Member for Economy, Paul Miller, said: “I am delighted to announce that bridge users who have unused tickets due to the cessation of tolls will be reimbursed and not find themselves out of pocket.”
Those who qualify for refunds are asked to wait a few days before making a claim so as to avoid a long wait. This particularly applies to refunds at the Cleddau Bridge office.

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Council issue ‘rave alert’ to farmers, landowners and local communities

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PEMBROKESHIRE COUNTY COUNCIL and Dyfed-Powys Police are asking farmers, landowners and local communities to be on alert over the coming weekend (23rd and 24th March) for warning signs of any illegal raves planned for their land.

Any suspicious activity should be reported immediately to the police, especially if there are unusual numbers of vehicles – in particular, camper vans, vans or trucks – seen in the locality.

Illegal trespassers may recce sites in advance of any rave, or people may approach landowners and ask around for land, in the guise of hiring it for acceptable activities such as gymkhanas or scout camps.

Raves can cause anxiety to the community they are held in and, if not dealt with swiftly, are difficult to stop due to the sheer numbers of people involved. There is also a safety concern involved in breaking up such events.

Anyone with concerns should call Dyfed Powys Police on 101 and ask to speak to the Duty Sergeant or Duty Inspector at Haverfordwest Police Station.

Alternatively, please call Pembrokeshire County Council’s out-of-hours service on 01437 775522.

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