Richard “Wanksy” Hanks has ‘resigned’ as Bristol’s Director of Education but is officially on ‘sick leave’ for now. Allegedly, Wanksy got a bollocking by the cabinet over SEND just before his ‘resignation’
His replacement, Reena “Dolores” Bhogal-Welsh from the University of Bolton is an interim appointed outside any normal processes.
Sources say she’s “totally out of her depth” and is especially shit-scared of the Bristol Parent Carer Forum. Probably wise. They’ve seen off three of her predecessors in the last three years – Stubby Stubbersfield, Pervy Hurley and now Wanksy.
Also heading for the exit is Head of Education Psychology Vikki Jervis who, seems to have spent most of her work time on Twitter reading parents’ feeds and circulating the material around the council.
Who will be next out the revolving door before independent investigators arrive to look at the SEND spying issue?
A random and incomplete selection of documents obtained under FoI shed light on what might be the point of the SEND spying affair.
Many of the documents released reveal that Education Director, Alison “Pervy” Hurley and her SEND managers were taking a lot of interest in FoI requests made by parents and in posts on social media between parents regarding legal action or judicial review.
For starters, council officers should not be interfering in the public’s use of FoI. This is laid out in FoI legislation as unlawful. Hurley and her spy team have therefore broken the law by obtaining evidence of FoI requests by parents and using them to discourage parents who were members of the Bristol Parent Carer Forum from making further requests.
On the question of legal action and judicial review, are People Director, Hugh “Cares” Evans and his Education Director Hurley running an informal demand management policy in SEND?
This is a money-saving policy used by public service managers to prevent take-up of services, often through obstruction. Council tactics may include slow and confusing processes, ignoring correspondence and communications, forcing people into long complaints processes and simply refusing people services they are entitled to.
The last thing Evans and Hurley need is parents taking legal action to obtain the services they are entitled to as this creates a double cost to the council. The cost of providing the service they’ve tried to avoid delivering and also the cost of any legal action.
Who agreed to pay our council bosses large sums to block people from asserting their legal rights to services?
Creepy Hugh Evans, stalker of local mothers, trying to look hard.
Bristol City Council have been insisting via a ridiculous ‘fact-finding’ report authored by their ridiculous head of legal Nancy “Rollercoaster” Rollason that no ‘systematic monitoring’ of SEND parent’s social media ever took place.
Now a video clip, from the summer, briefly comes to light, before disappearing again into the internet shadows, starring one of the council’s ‘weak men’, People Director, Hugh “Cares” Evans. The “brains” behind the hapless surveillance operation, Evans says:
Would you want to read from your partner organisation or colleagues something on social media the like of which we’ve been reading on social media?
Leaving aside why Hugh’s being paid £180k a year to read the general public’s social media, are we to believe Hugh and his SEND manager mates must have been regularly accessing parents social media in a totally unsystematic way?
Or has he been lying through his teeth to a council lawyer?
Papers for Bristol City Council’s People Scrutiny Commission tomorrow which will look at council legal boss Tim O’Gara’s ludicrous ‘fact-finding’ report into SEND spying have been published. These papers include questions and statements from parents.
There’s also one statement from a councillor, Tory Geoff Gollop, which is a little bit odd. The Tory, well known for arselickin’ councillors starts off saying:
Whilst the report is extremely professional and detailed and may deliver what it was instructed to, the initial brief missed the most serious concern.
Has this Tory idiot lost all leave of his senses? Are we to understand that a report full of obvious bias, containing false statements and with a conclusion at odds with the same legal team’s opinion just two years ago classifies as “extremely professional”? What would amateur look like?
However, Gollop then goes on to say:
I am concerned that we employ people who thought it was acceptable and the fact that we have no document anywhere that makes such unacceptable behaviour an issue for potential dismissal.
That’s more like it. Almost a call to sack all the revolting fuckers responsible for spying on our city’s SEND parents. Something councillors could probably demand on the basis officers haven’t followed council policy, have almost certainly broken the law and have brought the council into disrepute.
Papers for Bristol City Council’s People Scrutiny Commission tomorrow which will look at council legal boss Tim O’Gara’s ludicrous ‘fact-finding’ report into SEND spying have been published. These papers include questions and statements from parents.
Are Bristol’s SEND technocrats conspiring against parents with SEND children? This is part of a statement from a parent to the People Scrutiny Commission on 26 September 2022.
It begins to look very much looks like SEND managers and council legal ‘investigators’ are using their shitty little internal ‘fact finding’ report to councillors to try and stitch up outspoken parents. Will they get away with it?
SENDIASS is the Special Educational Needs & Disability Information Advice & Support Service. In Bristol, this is run by Send and You. The service is funded by Bristol City Council as part of their duties in Chapter 2 of the Send Code of Practice (CoP).
On 20 January 2022, SENDIASS contacted Bristol City Council to say that an officer of Bristol Parent Carers had posted ‘confidential’ information online regarding a co-production meeting attended by the ‘Alternative Learning Provision Team and the council and other stakeholders’. Unfortunately, no such meeting actually took place involving a BPC officer*.
The event that did take place on that day was an informal coffee morning hosted by Send and You for any parent carer in Bristol to attend. I attended. Send and You often hold things like Send Surgeries, virtual coffee mornings and information events on topics such as exclusions, transitions, personal budgets and SEN support. I don’t make a habit of attending Send and You parent carer meetings. I did on this occasion because the specific subject of the meeting was for parent carers to find out more about Education Other Than At School (EOTAS). As I was in the process of taking Bristol City Council to tribunal for EOTAS in one of my children’s Education Health Care Plans, I attended the meeting.
I registered on Eventbrite as a parent carer, under my own name and with my own personal email address. Being part of the Twitter Send community, I posted some of the comments being made during the public parent carer meeting, because they might have been of interest to others. According to Bristol City Council’s report, someone from Send and You saw these quoted comments in some capacity and reported them back to Bristol City Council.
SENDIASS Staff would have known full well that this was not a co-production meeting and I was not there as part of BPC because they organised it and ran it themselves. In light of this, I went back through my Twitter account and blocked a number of Send and You staff along with some Bristol City Council and Sirona officers who had been following me.
The service appears to have conspired with the Local Authority to say that a BPC officer had released confidential information from a co-production meeting which did not actually exist. Remembering that Send and You ‘should be impartial, confidential and accessible,’ how can a supposedly vital service heavily replied upon by Bristol families now be trusted with personal information that would be highly beneficial to the council legally at Tribunal?
How on earth has false information found it’s way into a so-called ‘fact-finding report’ from Bristol City Council’s Head of Legal Services? is this good enough?
Is this report simply another vehicle for bent council managers to attack parents of SEND children with lies?
Papers for Bristol City Council’s People Scrutiny Commission tomorrow which will look at council legal boss Tim O’Gara’s ludicrous ‘fact-finding’ report into SEND spying have been published. These papers include questions and statements from parents.
Here’s a particularly disturbing statement, which suggests that the spying goes far beyond a couple of parents involved with the Bristol Parent Carer Forum. While SEND management actions go far beyond spying. They also appear to be referring ‘difficult’ parents to child protection social workers as some sort of weird disciplinary measure.
Very ugly.
I am a parent of a child with Special Educational needs. I am not an officer or volunteer of Bristol Parent Carer forum but I have experienced tweets of mine being copied and shared with other agencies.
It took me almost 2 years and cost me thousands of pounds to ensure my son was in a suitable school place – this was decided by a judge during a tribunal process, through independent reports.
During this process I was referred to social services as Bristol SEND services raised concerns that I had fabricated or induced my son’s illness. Fabricated or Induced Illness (FII) is the term used for when a parent or caregiver of someone, most commonly a child, is accused of fabricating, exaggerating or inducing the symptoms of that person.
False FII allegations are made by people in power, such as medical professionals, social workers, teachers, the Local Authority etc and they happen more often than is known and the cases are continuing to rise by the day.
Part of the reason these allegations came about is because in May 2021, an employee of BCC sent my son’s head teacher a copy of some tweets I had made about how my son feels in school. The officers told the headteacher that, “BCC communications team…. Monitor social media for us” and that she felt the school would, “rather be aware of the situation than not”.
SEND parents know that monitoring of families is prolific, especially if we appeal decisions of shoddy EHCPs which are not fit for purpose. This SEND surveillance is not just about [Bristol Parent Carer] forum officers – the leaked emails clearly show redacted names which are likely to be other parents.
Although my eldest son is now in the correct provision and social services have no concerns and are discharging us, my younger two children are being denied referrals to the Autism team. This is in part due to the school insisting that my children are not autistic and should not be referred and being denied Human Rights to go private.
The officer that shared my tweet sought to damage my relationship with the school – which they have been totally successful in and the actions of this officer now impacts the support my children are able to access and the hellish nightmare of FII accusations over the last year. The school for example, has actively called the paediatrician to ensure the GP request of referral for autism assessments is blocked.
I urgently need to get my children help as their SEN needs have been recognised by independent professionals but I am not able to get them they help they need due to the FII allegations, yet I have support of my GP, Social Services.
Their needs are being ignored across health and education. Surely this is disability discrimination? I feel this situation has been deliberately created due to the surveillance actions of the comms team and the officer that shared the post with the headteacher. I believe this is some form of punishment for advocating for my eldest and for contacting the Evening Post in 2020 to share with them how awful the SEND system is.
This is simply unacceptable and I hope my story encourages other families to share the experiences they have had and not to be scared of the threat of social services.
Oh my! Just days after a formal council report from Bristol City Council Legal Services, the direct responsibility of Head of Legal Services and Monitoring Officer, “L’Il” Tim O’Gara claimed:
Para 53, Fact-finding report – Use of social media by council staff re SEND Parent Carer Forum
The council has released, under Freedom of Information, their protocol – Guidance re Use of Social Media in Investigations – that, er, deals directly with viewing and sharing third party social media!
This is not a new document cobbled together in the wake of the SEND spying scandal. It was created in May 2020 by Kate Burnham-Davies, a solicitor at Bristol City Council and a colleague of the people who produced the ‘fact-finding’ report assuring us that there was no social media protocol “dealing directly with viewing and sharing third party social media”.
The guidance strongly suggests that the social media surveillance carried out by Bristol City Council on SEND parents is unlawful. Pretty much a consensus view shared by everyone in the country except the council’s Director of People, Hugh “Cares” Evans; Director of Education, Alison “Pervy” Hurley; a variety of spying chancers in Bristol City Council’s SEND management team; the External Comms team and the council’s Head of Legal, “L’il” Tim O’Gara.
Here’s some relevant items from the guidance. This is what it says about RIPA:
Bristol City Council, Guidance re Use of Social Media in Investigations, May 2020
So where’s the evidence the SEND management spies and External Comms followed RIPA procedural guidance?
Next up, here’s what it says about social media users’ human rights:
Bristol City Council, Guidance re Use of Social Media in Investigations, May 2020
Where’s the council’s public interest purpose for spying on SEND parents social media? Where’s the specific legal advice establishing a lawful basis for direct surveillance?
Finally, this on record keeping:
Bristol City Council, Guidance re Use of Social Media in Investigations, May 2020
Where are the records of the decision and rationale for spying on SEND parents?
This document proves that everyone from Hugh “Cares” Evans and Alison “Pervy” Hurley down have deliberately ignored their own organisations’s policies and broken the law to spy on the city’s SEND parents. They all need to go and if they won’t go, they should sacked.
Meanwhile, “Li’l” Tim O’Gara and his legal team have tried to cover it all up. What. The. Fuck?
A holding statement regarding the spying by council education bosses and External Comms officers on parents with SEND children was put in to cabinet today by councillors.
The statement from senior councillors on the Overview and Scrutiny Commission seemed intent on keeping its powder dry for the People Scrutiny Commission on Monday. When councillors with direct knowledge of SEND issues may have the opportunity to grill some of the moral and mental inadequates directly responsible for the spying as well as the authors of the council’s unreliable fact finding report.
The suspicion is that OSMB councillors know that a cabinet meeting dominated by the Rev Rees, who can talk his personal brand of tedious drivel long as he likes and take any decision he likes, may not be the ideal forum to address the issues at stake. However, the OSMB statement still makes a few useful points.
Firstly, they completely distance themselves from the council’s flawed fact finding report and dump responsibility for that hot mess firmly on the officers:
It is therefore an officers’ report not an OSMB report, and its conclusions are those of Legal Services not of OSMB members.
OSMB also express some serious concerns about the director-level oversight of the spying. The direct responsibility of Education Director Alison “Pervy” Hurley and People Director Hugh “Cares?” Evans, both banking a small fortune in public money to, at least, get the basics right and leave an accountable paper trail behind them for their actions.
OSMB also has strong concerns about the statement in the report that there was “no formal written decision to authorise the gathering of these social media posts”. Although the officers’ report concludes that there was no legal requirement to undertake a DPIA, this has been concluded in retrospect and only after concerns had been raised in the public domain. There does not seem to be any evidence of the officers involved in the collation of social media posts considering whether a DPIA was necessary beforehand. There is also no evidence of any of the officers considering whether the action they were taking, (i.e. searching through personal social media of parent-carers of children with Special Education Needs) was morally or ethically appropriate.
The OSMB statement concludes with a snub to the Reverend and his cabinet meeting with councillors not even bothering asking them for a comment or response on the matter:
It is hoped that further inquiry via the People Scrutiny Committee session on September 12th will provide further additional context.
Full steam ahead to next Monday then. When some of the dodgy officers responsible for spying might have to show-up and explain themselves.
Book your tickets early.
*******A meeting of Bristol City Council’s People Scrutiny Commission will take place on Monday 12 September at 5.00pm for councillors to discuss this absurd report and next steps. People are encouraged to ask questions, make statements and, if possible, to attend and jeer at any spying director or manager scum in attendance (that’s if they have the balls to attend – look out for last minute sick notes). Details on asking questions and putting in statements are here under ‘Public Forum’.
A collection of legal interpretations that are such a load of old bollocks it’s hard to put into words
The council openly acknowledge that that they were spying on SEND parents at para 29 of their fact finding report.
And again at para 41
Having acknowledged parents were spied on, the report concludes with some bizarre legal analysis from council legal boss, “L’ill” Tim O’Gara explaining why nothing unlawful occurred. On the subject of the Regulation of Investigation Powers Act, which regulates how, why and when state actors can spy on us, he says:
A rather odd conclusion as the relevant legislation on directed surveillance makes no mention of ‘publicly available information’ being exempt as O’Gara seems to think:
Considering that O’Gara’s report acknowledges that the information on SEND parents was obtained on two occasions for what looks like a ‘specific investigation’ in a ‘manner likely to result in the obtaining of private information’ (eg. the identity of anonymous Twitter users and wedding photos), it’s hard to understand how this wasn’t directed surveillance as defined in RIPA.
RIPA authorisation would have meant that rather than providing a useless (and unrecorded) briefing to obtain permission for their dodgy investigation from clueless moron Education Director, Alison “Pervy” Hurley, the managers undertaking the investigation would have had to have obtained formal written advice and authority before undertaking any spying activities. To most normal people, a sensible course of action.
However, any authorisation would have had to come from a magistrate, who would be unlikely to authorise an investigation of parents because they were criticising some thin-skinned local authority managers and their shit service. This is on the simple basis that slagging off the council is not a crime and councils can only spy on people where there’s a reasonable belief that they are breaking the law.
O’Gara reaches similarly offbeat conclusions about data protection and the relevant GDPR legislation designed to protect our personal data from government and corporate snoopers and data thieves. In simple terms, the information council bosses accessed, processed and shared was undoubtedly personal data subject to GDPR legislation.
The council, therefore requires the consent of the owners of this data to process it. Something they clearly did not have. If they don’t have consent, then the council is required to have another lawful ‘reason for processing’ this personal data.
However, here’s O’Gara’s interpretation of GDPR issues raised his by council’s spying activities:
Where’s the council’s ‘lawful reason for processing’ SEND parents personal data in all this guff? Nowhere in three long-winded paragraphs of red herrings about ‘Data Protection Impact Assessments’ (DPIA) and ‘systematic monitoring’.
There’s no dispute that it was thicko Education Director Alison Hurley’s choice whether or not to do a DPIA, which is basically a risk assessment. Something you might expect a director-level public sector manager to undertake as a matter of course before implementing any new and, potentially, highly controversial policy.
But what’s this got to do with GDPR compliance? Are the council saying they complied with GDPR because they didn’t produce a risk assessment that’s not required? Ironically, a document that might have informed Hurley how to comply with GDPR? But which might have also left a rather unhelpful paper trail directly back to her?
Similarly, the surveillance Hurley authorised may or may not be ‘systematic’ and therefore subject to further regulation but where’s the answer to the crucial GDPR issue: what was Hurley’s ‘lawful reason for processing’ SEND parents’ personal data from the internet without their consent?
This central issue is avoided in O’Gara’s report, which tells ua that their spying activities were done
at the request of Contact and BPCF to substantiate the concerns being raised by BCC about the activity of the [parent carer] forum members;
Para 49, Fact-finding report – Use of social media by council staff re SEND Parent Carer Forum.
Are we being told that if the Bristol Parent Carer Forum requests personal information from the council on the parents it’s supposed to be representing then this exempts the council from the law? This is such a load of old bollocks it’s hard to put into words.
It’s further worth noting that an unnamed ‘Parent Participation Advisor’ from Contact, an allegedly independent national organisation supporting SEND parents, seemed to very enthusiastically encourage the council to spy on Bristol’s SEND parents. They told a council SEND snooper in an email extract at para 20:
I understand that some of the evidence may be subject to GDPR but I have been advised that anything that is posted publically [sic] is ok to share
Para 20, Fact-finding report – Use of social media by council staff re SEND Parent Carer Forum.
Did anyone at Bristol City Council bother to check if this legal opinion was accurate and check the legal credentials of whoever ‘advised’ this ‘Parent Participation Advisor’? Or was it just accepted by a ridiculously thick set of SEND managers and has this inaccurate claim then found its way into a formal council legal opinion, allegedly prepared by three lawyers?
This short, daft report signs off with just one recommendation:
Would it come as any surprise to learn that this is one great big fat lie too? Bristol City Council Children’s Services has a very detailed protocol called Use of Social Media Sites by Social Care and Safeguarding Staff on the internet in their Bristol Children’s Services Procedures Manual.
The relevant section would appear to be:
2.3 Covert/Overt Surveillance and the Regulation of Investigatory Powers Act 2000
Viewing a service-user’s social media content without their specific consent is not necessarily, of itself, unlawful.
However, consideration must be given, in all cases, as to whether viewing the sites constitutes ‘directed surveillance’ under the Regulation of Investigatory Powers Act 2000 (‘RIPA’) and so requires authorisation under that Act. This is a complex area.
Whilst the following general principles apply, each case must be treated on its own facts, and legal advice MUST be sought as necessary:
If the consent of the service-user is obtained, then no further authorisation would be required;
If consent is not obtained but no privacy settings are in operation to prevent viewing, then the material available on the sites can be regarded as ‘open source’, and so a single viewing would not constitute ‘directed surveillance’ under RIPA and no authorisation would be required under that Act;
However, the Chief Surveillance Commissioner (now superseded by the Investigatory Powers Commissioner) made clear his view that repeat viewing of sites by staff may constitute ‘directed surveillance’ and if done covertly (i.e. without the knowledge of that person) then this would be ‘covert surveillance’. This would require authorisation under the Act in the form of a warrant from a magistrate.* It is for the employer to ensure that any covert surveillance is properly authorised, recorded and, most importantly, legally justifiable.
So why has the Director of Education and her SEND managers completely ignored their own publicly available procedures? And why is the Head of Legal Services and his legal team pretending in a report to councillors that these procedures don’t exist and instead published the exact opposite as their legal view?
I think we should be told ...
*******A meeting of Bristol City Council’s People Scrutiny Commission will take place on Monday 12 September at 5.00pm for councillors to discuss this absurd report and next steps. People are encouraged to ask questions, make statements and, if possible, to attend and jeer at any spying director or manager scum in attendance (that’s if they have the balls to attend – look out for last minute sick notes). Details on asking questions and putting in statements are here under ‘Public Forum’.
Inactive “activists” and non-campaigning “campaigners” star in desperately shite sham report that council’s top lawyer is pretending isn’t anything to do with him
A little late but, as promised by outgoing Chief Exec Mike “Billie Jean” Jackson, Bristol City Council has published a heavily redacted ‘fact-finding’ report into their SEND spying scandal.
This is the scandal of senior education bosses casually obtaining personal information from the internet, including wedding photos, on parents with SEND children. With no regard for the law, this personal information was then gleefully shared among City Hall bosses and third party organisations to undermine the local Parent Carer Forum and the parents it supports.
The education bosses even appear to have attempted a spot of what’s popularly called “doxxing” by obtaining what they considered identifying information from the internet on parents and then outing them to third parties.
Luckily for the officers involved in this potentially unlawful conduct, their names have been redacted in the report. However, in order not to protect the guilty and help you avoid some massive tossers, we’re happy to name some of the key arseholes in the council’s senior education team involved in the spy operation: Alison “Purvey” Hurley, Director of Education; Vikki Jervis, Principle Education Psychologist; Virginia Roberts, WSOA/SEND consultant; Gale Rogers, Head of Children’s Commissioning; Jess Baugh, Commissioning Manager.
A number of unnamed individuals in the council’s external comms team, managed by failed journalist Saskia “Hindley” Koynenburg were also involved. Information on these individuals welcome. Why should they be allowed to skulk in the shadows and fuck with us?
The report, itself, is a grim farrago of half-arsed backside covering attributed to Bristol City Council’s “Legal Services”. Largely because legal boss “L’il” Tim O’Gara may not want his name anywhere near such a political document that may cost some of the idiots involved their jobs.
O’Gara’s report is just ten slim pages. Eight of which are wholly irrelevant and dedicated to a nakedly political and obsessive attack on the Bristol Parent Carer Forum (BPC), which two parents at the centre of the scandal are involved with. The council’s main angle on the pair is that they were “activists” and “campaigners” against the council and its SEND team and this was a conflict of interest with their roles at BPC.
The obvious response to this is, so fucking what? And what right do council managers and directors have to spy on “activists” and “campaigners” anyway? Do residents of Bristol effectively forfeit basic human rights and their dignity if the council randomly labels them “activists” and “campaigners” on the basis of unreliable evidence gleaned off the internet?
Having dehumanised their SEND spy victims as “activists” and “campaigners” with no rights, the council’s report fails to identify anything resembling a “campaign” or “action” from either parent. Instead the parents’ only apparent action was to discuss the poor quality of Bristol’s SEND offer on social media with each other!
When did conversing with friends, acquaintances and relatives become “activism” and “campaigning”? Who made up this nonsense, which is basically cover for a crude state assault on the free speech of Bristol SEND parents on the internet? And a blatant attempt to stop dissent and criticism of a failing local public service so that the incompetents running it can pump out cheery fake news about the service instead and continue to bank fat salaries they don’t deserve.
Helpfully, the report clearly indicates that this “campaigning”/”activist” schtick is all a load of bollocks. Para 16 says:
Remarkably, the report is openly acknowledging that its “campaigning”/”activist” concerns may not even be true but concludes that doesn’t matter because some fantasists at City Hall think they might be true! A piece of Alice in Wonderland logic that opens the door for council bosses to unlawfully investigate citizens on the basis of false facts and fictional concerns. So that’s all right then.
Another purpose of all this meandering drivel seems to be that it allows O’Gara to avoid the actual purpose of his report, which should be an investigation into spying on parents by council bosses.
