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Is a teacher allowed to search through my phone? Watch

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    (Original post by Reue)
    I can't imagine you securing a prosecution. By all means write a complaint to the head teacher or LEA.
    Yeah course, but it was unfair and shouldn't have been done because my phone is my privacy
    (Original post by Romanoff)
    Seems pretty serious, what did you do?
    (Original post by Klix88)
    How could you get a criminal record if you hadn't done anything? What did you think the police might arrest you for? They certainly weren't going to arrest you for not showing a teacher your phone.
    (Original post by Anonymous)
    What did you do that they had to go to that extent? It does not make any sense, they should not go by what 'people saw or heard'.
    Apparently a couple or so people started stirring saying I've posted a snapchat of a girl at my school while I never have. One of those people turns out doesn't even have my snapchat...

    They have no evidence just that someone said something and so they went through my phone. As I said, nothing was found because I've done nothing so I don't see how the search was at all necessary
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    (Original post by Snazzyzebra)
    Hi dude. As far as I can see the teacher has overextended her authority and violated your rights . With a calm, cool, calculated and sharp response, you could nail this teacher to the floor if you want. Thing is, do you really want to spend all your money consultig a lawyer? My best advice to you would be research some legislation- human rights, privacy laws and acts that have been breached by the teacher at your expense; list these in a formal complaint submitted to the board of governors, headteacher, ofsted, local council, and the department for Education (.gov.uk) and really blow this thing sky high if you feel that strongly about it. I wouldn't recommend contacting all of the aforementioned- yet in my experience some teachers have some superiority complex and need to be put in their place, and this is your chance to do just that my friend- and take back your rights and dignity.
    Thank you so much for that

    That's exactly what me and mom have been trying to see if we can do, we have a meeting with headteacher soon at school. One of the teachers said they still had no evidence but "I'm supposed to suck it up and accept the sanctions" and the sanctions are meant to be discussed with mom but she won't allow any with no proof of such behaviour
    • #2
    #2

    (Original post by Anonymous)
    Yeah course, but it was unfair and shouldn't have been done because my phone is my privacy






    Apparently a couple or so people started stirring saying I've posted a snapchat of a girl at my school while I never have. One of those people turns out doesn't even have my snapchat...

    They have no evidence just that someone said something and so they went through my phone. As I said, nothing was found because I've done nothing so I don't see how the search was at all necessary

    If it was posted on snapchat then wouldn't people have been able to see it on the story and reported it anyway?
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    (Original post by Anonymous)
    If it was posted on snapchat then wouldn't people have been able to see it on the story and reported it anyway?
    Exactly what I said

    Apparently the people saw it a couple months ago, yet she only just found out from people stirring as me and her aren't on good terms currently.

    Also I was thinking, snapchat doesn't auto save stories so why would it be on my phone gallery... No reason to have it searched really
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    Unless the """""""""""image""""""""""" was of a sexual nature why does it matter whether or not it was posted on snapchat
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    No worries dude. I just added this to my original reply- the department for education recommends contacting the "information commissioners office" regarding data protection, which may include your privacy (do a bit of research), or the police directly in the case of criminal behaviour.
    ALSO:
    It had just occurred to me that even if you took it to this stage, even the police can say 'so what' as the criminal act itself is very minor.

    You would have to make perfectly clear the detrimental impact this event has had on you. If I was in your place, for example, I would consider the following;

    Reduced my confidence and anxiety by making me feel vulnerable and guilty as students can say anything about me which the teachers would believe and i could get into trouble for no reason
    This has had an effect on my ability to study
    As i dont feel comfortable in school

    The teacher has breached trust etc in our student/teacher relationship so she can no longer effectively teach me as i feel threatened around her

    Threatening you with a criminal record etc. you'd hav to go into how this made you feel- however with this particular example I would directly question the teacher's motives and perhaps her psychological state- is she even fit to teach? (blackmail, emotional manipulation)

    Then theres the fact she took your phone off you with no justification or evidence "snatching" it at break time. Was there any unwarranted physical contact between you? You could go to town here if you stay within the truth and just acknowledge what precisely occurred.
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    (Original post by Snazzyzebra)
    No worries dude. I just added this to my original reply- the department for education recommends contacting the "information commissioners office" regarding data protection, which may include your privacy (do a bit of research), or the police directly in the case of criminal behaviour.
    ALSO:
    It had just occurred to me that even if you took it to this stage, even the police can say 'so what' as the criminal act itself is very minor.

    You would have to make perfectly clear the detrimental impact this event has had on you. If I was in your place, for example, I would consider the following;

    Reduced my confidence and anxiety by making me feel vulnerable and guilty as students can say anything about me which the teachers would believe and i could get into trouble for no reason
    This has had an effect on my ability to study
    As i dont feel comfortable in school

    The teacher has breached trust etc in our student/teacher relationship so she can no longer effectively teach me as i feel threatened around her

    Threatening you with a criminal record etc. you'd hav to go into how this made you feel- however with this particular example I would directly question the teacher's motives and perhaps her psychological state- is she even fit to teach? (blackmail, emotional manipulation)

    Then theres the fact she took your phone off you with no justification or evidence "snatching" it at break time. Was there any unwarranted physical contact between you? You could go to town here if you stay within the truth and just acknowledge what precisely occurred.
    Thank you so much for your responses they're very helpful

    All that you've said is actually true because I don't feel comfortable being taught by her anymore and I feel anxious about having to go to school even during the weekends (stressing about Monday).

    My moms coming in Monday morning and she's also considering just going to the police and filing a complaint because she can tell damage has been done and it's most likely illegal. I'll mention those points to the teachers too and maybe they'll just drop the accusations and apologise for not believing me or my friends
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    (Original post by Anonymous)
    My moms coming in Monday morning and she's also considering just going to the police and filing a complaint because she can tell damage has been done and it's most likely illegal. I'll mention those points to the teachers too and maybe they'll just drop the accusations and apologise for not believing me or my friends
    I doubt the police would take any interest in this mater. That said your teacher has defiantly behaved unprofessionally and this mater is worth of a complaint. You parents first port of call should be the head teacher. They don't get a suitable response then they need to make a complaint in writing to the chairperson of the board of governors.
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    You might like to take a look at this:
    http://www.bbc.co.uk/news/education-12365292

    and this, which gives more details of search powers and mentions the right of teachers to delete images on mobile phones:
    https://www.gov.uk/government/public...d-confiscation

    Basically headteachers, or staff given authority by headteachers, appear to have the right to search mobile phones, without the consent of the owner, if they "reasonably suspect [the item] has been or is likely to be, used to commit an offence, or to cause personal injury to, or damage to the property of any person".
 
 
 
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