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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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Newcastle Emlyn: Gay IT consultant convicted of stalking

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A GAY information technology consultant from Newcastle Emlyn has been convicted today of stalking an 18 year old youth causing him harassment.

Christopher Jay Hardy, aged 35, landed himself in more trouble when it was discovered that he had been recording on his mobile telephone virtually his entire trial at Swansea Crown Court.
Hardy, of Penlon, Pentrecagal, had denied the charge.
The jury had heard how Hardy had met the youth when he worked at a garage.
The youth told the jury how he quit his job to escape Hardy’s unwanted attentions.
But Hardy tracked him down to his home in Pencader, left unwanted gifts and letters on his car and repeatedly visited his home despite being told to stay away by his parents.
Hardy continued to try and contact the youth even after police had arrested him and at one stage attended his home pretending to be canvassing for the Labour Party.
The youth said he was not gay and had been “freaked out” by Hardy’s pursuit of him.
Hardy admitted he had become infatuated with the youth and said he believed he was under pressure from his family to pretend he was straight.
After the jury returned a unanimous verdict of guilty Judge Paul Thomas told Hardy, who represented himself, he was “deluded” and briefly sent him into custody because he refused to shut up and listen.
He was made to delete the audio files in front of a police officer.
Hardy will be sentenced after reports have been prepared by a psychiatrist and a probation officer and was granted bail until then.
Judge Thomas described him as an “obsessive individual” and warned him that all sentencing options would be open to the court.
He issued a restraining order preventing Hardy from contact in the youth or his parents by any means.
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Carer accused of ill-treatment of a patient

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A CARER from Carmarthen is to stand trial accused of ill-treating a patient.

Joaquím Moreira, aged 47, appeared before Judge Geraint Walters at Swansea Crown Court for a plea and trial preparation hearing.

Moreira, of Water Street, is accused of ill trill-treatment having the care of a person lacking the capacity to look after himself.

Moreira is also accused of assaulting the man by beating.

He denied both accusations.

Moreira will stand trial on March 19 and was granted bail until then.

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Popular inn sold to local businessman

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THE SALE of The Nag’s Head Inn, the riverside pub situated in North Pembrokeshire, to a local businessman was recently completed by business property advisers Christie & Co.

Situated on the banks of the Afon Cych, close to the Carmarthenshire and Ceredigion borders, The Nag’s Head occupies a substantial stone-built property, which was sympathetically extended in the 1980s and recently refurbished by the previous owners in 2017 to provide a spacious and welcoming interior, with flagstone floors, wood burning stoves and beamed ceilings.

The pub comprises four trading areas across the ground floor, including a main bar, a cosy snug and extensive dining areas, and a beer garden, which provides stunning views over the river. Additionally, the property benefits from three en suite guest bedrooms and three bedroom owner’s accommodation on the first floor.

Over the years, the previous owner has grown and developed a strong local and regional reputation for The Nag’s Head, which was selected as one of the ‘Top 10 UK Riverside Pubs’ in The Guardian in June 2017 and has been awarded a Certificate of Excellence from TripAdvisor, while also maintaining a 4.5 rating and excellent reviews on the review website.

Following three years of ownership, previous owner, Mr Miller has decided to sell The Nag’s Head to move onto new business ventures. He said: “We have enjoyed our time at the property and have invested a lot of time and effort in to turning the business around and are looking forward to focusing on our other business interests.”

New owner, Mr Dewi Davies, who also owns the nearby award-winning holiday complex, Clydey Cottages, is looking forward to taking over the reins of The Nag’s Head and putting his own stamp on the business. Mr Davies commented: “I am delighted to be taking over the Nag’s Head from Steve and Tracy Miller. They have done a marvellous job over the past two years, building the reputation both locally and nationally, and we have inherited a great team. For the time being, it’s business as usual for the festive season and we are all excited about the future for the Nag’s Head.”

Corrina Jones, Senior Business Agent at Christie & Co’s Cardiff office, handled the sale and said: “The Nag’s Head Inn is a well maintained public house with a warm and inviting atmosphere. I would like to wish Mr Miller all the best with his new business ventures. I look forward to seeing the business go from strength to strength under the new ownership of Mr Davies and wish him all the best for the future.

“The market remains strong for well established businesses in South Wales. 2018 has proven to be one of our busiest years in relation to completions within the region, and we are seeing no slowdown in the market to date.”

The Nag’s Head was sold off a guide price of £495,000 for the freehold interest.

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