Pollyana

i guess part of it is that if they can discuss between themselves on this issue how far does it go - if a therapist talks to a teacher can you be sure they aren't also talking to other staff - Child Services/Communities maybe - a word querying the privacy thing now might stop something snowballing later.

roaringmouse

If anyone has breached confidentiality here, it would be the teacher not the speech therapist.

The ST had a lengthy phone call with a parent about their child, details were given by that parent, general conversation appears that parent will use services of that ST so ST does some background follow up work to help with this which will help that child. It's quite possible that implicit consent was given in the phone call for ST to receive further details about the child, we know that the OP was going to give the ST a report from the OT.

It does seem quite odd that the OP hasn't met this ST yet is willing to send an OT report about their child to them.

Over all, I don't see any major harm in this case of the ST and teacher talking about the child, but as I said if there's been any privacy issue then it's come from the teacher rather than the ST. It's the teacher that has given information to someone else, the ST simply asked.

TheEmperorIsNaked

It would be interesting to know if the OT report was ever sent to this speech therapist. However, that still does not give implicit permission to contact a teacher or anyone else.

The teacher would not know anything about the matter until/unless they were approached by the ST.
If the ST had no permission to do that then she is way out of line. She simply should not make any contact with any third party unless specifically given permission to do so.

Cosmo Knott

Thanks so much everyone, your experience/knowledge is invaluable. The ST did not receive any reports from me not was she given any instruction to impart information. In fact I followed up with an SMS clearly stating I 'may' ask for her assistance in future but only after I had provided previous reports. Karma to all

northernbird

If it bothers you then you should go and just have a quick word with the Principal of the school. It wouldn't bother me but we are all different and you won't rest until you have gone and spoken to your school.

Cosmo Knott

Thanks have done, if only to make sure it doesn't happen again thank you X

Japonica

Exactly. I've had those detailed initial conversations with various speech therapists over the past year and a half...all dealt with the specific issues for my inquiry and general info re: my child, observations made by teachers etc. All of them ended with a request for us to come in for an initial appointment and full assessment. What I would have NOT expected at that point was a phone call from the prospective speech therapist to the teacher about my child's care without a signed agreement regarding the provision of services (and all of the associated confidentiality matters, fee schedule, whatever). A general phone inquiry does not automatically make one a client--especially when working with kids. We should know having met the varied bunch of speech pathologists we have--some have way better rapport with kids than others.

The fact still stands. The OP did not state her child was to be the ST's client. No money was exchanged. No forms signed. The ST is not affiliated with the school and is not an "insider." So, confidential info was shared without the parent's consent with a third party. If one of the three ST's we worked with called my son's school after my initial phone call inquiry and started asking his teacher for info without my having given permission to do so, I'd be ticked off.

Cosmo Knott

.....and we are paying top dollar for this. .......

roaringmouse

Exactly, the teacher would not know anything about it - and therefore should not be giving out information due to privacy. The ST simply asked - asking something is not breaching privacy, actually giving out information when not authorised is breaching privacy. If anyone breached privacy, it seems quite clear with information given then it was the teacher. Indeed, the teacher shared info probably without the parent's consent, so the teacher is the one who breached privacy if this is the case. Information had already been given to the ST by the parent, the ST seemingly followed this up in preparation of a potential client. Simply asking the school/teacher about a student does not mean any privacy was breached - the giving of information by the teacher is where the privacy was breached, if anywhere.

quoll

All depends if the OP signed a release of information form at the school for sharing information with therapists. Also, it's not unheard of for one party to assert that hey have verbal permission to exchange information. It's a tricky one!

roaringmouse

I did put if anyone breached privacy and if anywhere to indicate that privacy may not have been breached due to a reason such as you suggest. It's not a tricky one. Just because someone says they have authority does not mean they actually do have authority. Indication of authority needs to come from the person involved - in this case the parent - not the person requesting information unless they provide documented proof that the person involved has given authority.

quoll

I agree - just meant it was tricky because you don't know what documentation may have been completed to the school and most schools these days do request a release of information form to be signed when other agencies are involved. You wouldn't generally require a signed form for each service though so if a teacher had previously shared information with a therapist at the parent's request they may expect that this would be the same. Lesson for the teacher - and the school if they don't require a signed release of information form as a matter of course.

Cosmo Knott

Thank you all for your informative replies. I know I've not signed anything. My son 'may' have a high order comprehension issue but the testing we have had done has been inconclusive on this. When he was 5 his IQ was extremely high and nearly all his tests came back as him being high average across the board (same as a 9 year old). he has zip behavioural problems, in fact works very hard and is a model student (blimmin ratbag at home though), is funny and sociable, same as most 6 year olds. the school seems hell bent on giving him a label, and him having OT. Putting the cost of private schooling then additional $$ on OT to one side, I don't want him feeling marginalised by taking him out of the classroom.

TheEmperorIsNaked

Concur!

Of course the teacher breached privacy! My point was that he/she would not had any opportunity to do so if they had not been approached. They should not have even been contacted.

Thank you for imparting this CK. Because of this debate you have had to expand on the circumstances.

It IS a very interesting matter to discuss, and if I were personally involved I would have exactly your concern. From the outset, you had every right to have that concern.

I have good reason to be interested in this, and I gave it some thought. Just general comment.........

About 18 months before I retired I took on a matter somewhat similar to this. A person without resource who had their privacy breached. Given their particular emotional circumstance and the fact that in relating their concerns to the registration body, they had been condescended to and had those concerns dismissed; they self harmed.

We took it on. We did not move the Earth, but we managed to get the person laughingly referred to as a 'professional' strongly censored by their registration body, and a formal letter of apology was received by the complainant.
This gave the client back a modicum of dignity, and that did them a power of good!

I don't suggest for a nanosecond that this type of thing always necessitates legal action, but the complainant had tried to protest, and was systematically bullied by a structure that knew they could do nothing.

(Footnote: about 5 years later that 'professional' was caught out again in a serious breach of confidentiality and general misconduct. They were deregistered I'm pleased to say).

That's why this is interesting to me. Again; it does not always merit legal action, but sometimes it does.

Cosmo Knott

Interesting case study and even more so due to the subsequent serious breach of confidentiality! You must have been heartened by that result.

Re your comment 'they should not even have been contacted', I wish I hadn't. I was given the contact by the class teacher who has worked with this professional before. I am thinking this is why they felt it was ok to talk to each other without consulting me.

Thanks again for your response