Tag Archives: Kate Burnham-Davies

SEND SPYING: COUNCIL ‘FACTS’ REVEALED AS LIES

A brief check-in with Bristol City Council’s People Scrutiny Commission on Monday. A sprawling meeting with lots of questions and very few answers. 

In a lovely twist, many of the public’s questions were ignored and went unanswered on the basis that SEND management were “too busy” preparing for an OFSTED inspection next week. Because a load of tweedy school inspectors wanking over spreadsheets takes priority over elected councillors, abused SEND parents and the public, apparently.

The meeting generated a huge amount of content of variable quality so we’ll confine ourselves to a few things that grabbed our attention and leave the heavy lifting to the mainstream press who turned out in numbers for the meeting.

The first question of the day came from internet SEND scourge Chopsy aka ‘Data Subject 2’, one of the targets of the council’s SEND ‘fact finding report’ (Bristolian passim).

She rather nicely set the scene when she enquired of the council’s Deputy Head of Legal Services, Nancy “No Evil” Rollason, who cheerily admitted to authoring the daft SEND spying ‘fact-finding’ report along with an absent colleague, why she had described a public information meeting any member of the public could book on via the internet as ‘confidential’ when it wasn’t?

Cue much umming and aahing from a perplexed Ms Rollason before she eventually explained she may need to, er, “verify and correct information received from officers.”

First question complete and this much-vaunted ‘fact-finding’ report appeared to have been urgently downgraded to ‘draft’ and retitled ‘Wild claims from desperate council officers about our SEND surveillance mess’.

A further question from Chopsy enquired whether council officers had been using their personal accounts to access parents’ social media? A question that got a resounding no from Ms Rollason who was at pains to explain access to parents’ accounts was all above board and would have been carefully managed through official and accountable council channels.

An answer, unfortunately, on a direct collision course with the truth as Chopsy had already been sent information through an FoI that clearly showed a SEND manager accessing SEND parent social media accounts from their personal social media account. Here’s a screenshot:

Chopsy  Officer account

If this was a court case, the case would have been thrown out at this point and Rollason bollocked by the judge as a clueless timewaster. However, as a meeting of city councillors, they simply shambled on as though one of their senior lawyers sitting in front of them spouting bare-faced lies was business-as-usual. Which, let’s face it, it probably is.

Some questioning from Easton’s Green Councillor Barry Parsons also caught our attention. Parsons queried Rollason’s claim that any surveillance was not ‘systematic’ because it only took place on two occasions for two specific investigations.

He reeled off a series of dates contained in the report, when monitoring of parents accounts took place. A claim rebuffed by Rollason who insisted, despite evidence, that there were only two ‘specific’ occasions only when parents’ social media was accessed.

A claim rendered unbelievable by more of Chopsy’s FoI material. This includes screenshots of Tweets collected just hours after they were made rather than as part of a, later, retrospective investigation:

Chopsy  Tweets  Hours

What Parsons didn’t ask, which also may have been interesting, was, if there were two investigations, where were the investigation reports, who were the investigating officers and who commissioned the investigations? All requirements of Bristol City Council’s Investigation Policy that management and officers are obliged to follow.

There was lots and lots more at this meeting, including a brief reference to the Bristolian’s evil Twitter twin @bristol_citizen. We’ll return to this at some point as the chair of the meeting Lib Dem Tim “Little Ass Hat” Kent correctly described the account’s inclusion in an investigation document cobbled together by SEND management fuckwits as “ludicrous”.

What wasn’t included at this meeting was also instructive. No one mentioned the social media protocol produced by Rollason’s colleague Kate Burnham-Davies in May 2020, which completely contradicts Rollason’s conclusion that the surveillance undertaken of SEND parents was lawful.

Who at the council is going to tell the Emperor he’s wearing no clothes?

COUNCIL SOCIAL MEDIA PROTOCOL THAT DIDN’T EXIST IS RELEASED TO THE PUBLIC

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:

SEND report  Protocol
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”.

SEND  Guidance  Doc properties

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:

SEND  guidance  4.4  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:

SEND  guidance 5.1  HRA
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:

SEND  guidance  6.1  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?