Investigation finds no evidence of “widespread, routine or systematic” monitoring by council staff of social media accounts of parents and carers of children with SEN

Aileen McColgan KC was instructed to conduct the investigation into matters arising from concerns first raised in July 2022 about the alleged use of social media by staff.

As part of the investigation, McColgan spoke with five parents and 14 people currently or previously associated with the council.

According to the report, one parent provided a “detailed account” of evidence which in her view established that she had been the victim of surveillance over a significant period of time.

The report, which will be discussed by the Children and Young People policy committee on Thursday 25 June, identified that information on two members of the Bristol Parent Carer Forum had been gathered (in autumn 2021 and spring 2022) from publicly available sources.

However, it concluded: “There was … no surveillance, as defined in the Regulation of Investigatory Powers Act 2000 (RIPA). Nor is there any potential breach of the Article 8 (Right to Respect for Private and Family Life) under the Human Rights Act 1998, as there can be no reasonable expectation of privacy when personal information is being voluntarily put into the public domain by the person to whom that data relates… There is no evidence that systematic monitoring took place.”

The report made three recommendations focused on ensuring appropriate consideration of surveillance legislation where relevant, strengthening how records are retained and managed and taking steps to protect current and former staff from negative commentary following publication.

McColgan observed: “My investigation was made more difficult by [the council’s] practice of deleting the email accounts of staff when they leave. In my view this approach risks significant information gaps which are particularly problematic given [the council’s] nature as a public authority.

“I recommended that consideration be given to encouraging staff to retain any personal correspondence in an identifiable folder which can be deleted on their departure while retaining all work-related matters for a suitable period after their departure.”

The council said that officers will consider the report’s recommendations.

Cllr Christine Townsend, Chair of the Children and Young People policy committee, said: “This has been a detailed and extensive investigation that I know has had a profound effect on all involved. I am grateful to the independent reviewer for their diligence and the sensitive approach they have taken to their work. Likewise, I welcome the contributions of parents and current and former officers whose involvement has allowed for a thorough examination of the facts.

“I acknowledge that it has been a difficult period for many involved over the years it has taken to come to this conclusion. I hope that this thorough report helps put minds to rest and can provide people with confidence to continue to work with us on improving services and support for Bristol’s SEND community. Improving these services is ongoing but progress is being made thanks in large part through closer working with the parent carer forum and a much-improved relationship in place that supports the group to provide critical oversight of our ever-improving SEND systems. Our shared priority is to ensure that children and young people with SEND and their families have every opportunity to thrive in a supported environment that recognises their needs. We will continue our keen focus on making the improvements we’ve set out to deliver.”

Lottie Winson