Creche new code of conduct, is this even legal?

cherry_throwaway

Hi all, I am here half annoyed, half amused and mostly curious. Our creche sent the new "Code of Conduct" (which long story short seems to be in response to a situation at a different branch where things seem to have gone South big big time with parents reporting them to Tusla, parents voicing their concerns and a lot more of drama that's probably not relevant to this post). I am purely asking, from the legal point of view, and out of curiosity purely (ie, not asking for me as I have done none of this things), can they really forbid parents discussing in whatsapp or social media?

Some extracts:
• It is inappropriate to discuss staff performance or personal matters with other parents or in
public forums.
Complaints Policy Adherence
• For Parents/Guardians:
• All complaints should be made following the childcare setting's complaints policy. Initial
concerns should be raised directly with the management in a respectful and constructive
manner.
• If the issue is not resolved at this level, it should be escalated according to the procedures
outlined in the complaints policy, which may involve a formal written complaint.
• Social media and public forums should not be used as a platform to voice complaints or
grievances against staff, other parents, or the childcare setting.
For Parents/Guardians:
• Social media/ whatsapp groups should not be used to discuss or criticize staff, children, or
other parents in the setting.
• Refrain from sharing photos or information about other children or staff members without
explicit permission.
• WhatsApp groups or any other communication channels associated with the childcare
setting should only be used for relevant, appropriate, and respectful communication. Misuse
of these platforms may result in restricted access or further action.

Has anyone seen anything like this? Does anyone know if legally speaking anything is valid? Could they actually kick kids if parents were to critizise them on whatsapp or social media?

Big Bag of Chips

From the title I thought it was going be a code of conduct for babies! I thought that was a bit extreme. But a code of conduct for parents is sensible

The guidelines seem common sense to me. They're asking that parents not gossip or share half stories online and to follow the correct complaints procedures if necessary.

I don't think it's legal or illegal. It's just a list of guidelines and requests from the crèche. Parents can either agree to them or not. If they don't agree to them then they might be better using another facility.

Padre_Pio

So they're saying that parents should be respectful online and approach them first through the proper channels instead of airing grievances online.

Sounds reasonable IMO.

I would assume they are entitled to remove the children of parents who contravene these rules too, since they're likely a private business.

walshb

Any person who goes to social media whingeing and criticising a Créche and naming it, or naming people associated with the Créche are absolute cretins.

cherry_throwaway

I wish I could! Well, in reality the kids enrolled in them, at least in Dublin, might have no option (you can certainly not change your kids at a moment's notice). The other branch seems to have gone bad, proper bad, tusla bad, I am not sure expecting the parents to not talk among themselves when they are stressed out, scared, anxious and getting no support is reasonable, but maybe it's just me.

kippy

Seems fine.

cherry_throwaway

XDDDD Ok, seems that people consider this normal, I don't agree but hey, it's good to adjust societal expectations. (for the record, no, I am not asking because I have or have any plans on such a thing, purely because it feels excessive to say that parents can speak, respectfully or truthfully among themselves), of course they can out whatever they want, but I don't think you can get anyway with everything you wish to add to a contract, some times it's considered excessive or unreasonable, maybe not so this time if you all agree :)

Princess Calla

It all seems pretty reasonable to me.

They are asking for you to raise an issue with them directly rather than b*tching about it with other parents.

I also don't agree with public shaming staff members especially when they can't really defend themselves, again if you've an issue follow the agreed dispute resolution process.

Tbh I don't think a creche is obligated to take any and every child in (like a school) if I was aware of one of my employees (hypothetically I don't work in childcare) being slated online there's a good chance I'd be saying to the parents to find alternative childcare as they are not a good fit. An employer has a duty of care to protect their staff from bullying, harassment, reputational damage etc.

cherry_throwaway

https://www.boards.ie/discussion/comment/122563397#Comment_122563397

As usual, the devil is in the details, I guess, because that situation also sounds normal to me, but if a parent raises on a whatsapp group that the classes had I don't know, been closed for 2 months, or that management is not responding to them, or what-have you, I would not expect the creche to go 'you are out' kind of thing 😬 (for context, based on the email they sent to our branch by mistake, it sounds like the parents might have good reason to complain)

28064212

can they really forbid parents discussing in whatsapp or social media?

Could they actually kick kids if parents were to critizise them on whatsapp or social media?

But… they haven't done either of those things (at least based on what you've posted)? They've said what's "inappropriate", and they've said the way things "should" be done. They haven't said "you can't", and they haven't said "your child will be removed if you don't…"

If you're asking can they refuse business to parents who don't adhere to the policies they have in place - of course. Private businesses can refuse custom to anyone unless they're protected by one of the legally-defined protected characteristics. They could have a policy saying "your child must always be wearing an item of purple clothing before they can enter", and it would be legal. Stupid, but legal

Jim_Hodge

https://www.boards.ie/discussion/comment/122563375#Comment_122563375

It not only seems perfectly reasonable but I'd applaud them for stating the position so clearly. Of course you can talk to other parents about concerns but they are referencing publication on social media outlets like WhatsApp. It's also more grown up to raise concerns or queries with the creche rather than running to keyboard warriors in a WhatsApp group.

Princess Calla

https://www.boards.ie/discussion/comment/122563421#Comment_122563421

Closed for two months as in summer holiday schedule?

There's also a massive difference between raising a question on a WhatsApp group to get constructive feedback as opposed to starting a bitching session on Whatsapp.

In general I'd be very wary of what I put into a group WhatsApp as you've no idea who is related/friends with who and screenshots are the easiest things to do!

If a creche isn't working for you maybe explore a private childminder or au pair

Big Bag of Chips

Anyone with a genuine concern is likely going to speak to a trusted friend to get advice. What the crèche don't want is a witchhunt. And Chinese Whispers. And people ganging up adding legs to stories. Parents can be the worst for hearing half a story and making up the rest themselves.

The crèche have advised against this type of communication amongst parents and ask that you address any concerns with them directly.

The ones who love a good bitch will still do it. But the guidelines might dissuade others from believing everything they hear and joining in with their own 3rd and 4th hand information.

Jim_Hodge

https://www.boards.ie/discussion/comment/122563598#Comment_122563598

They want to avoid the social media equivalent of what my old school principal used to call the 'School Gate Mafia".

John_Rambo

The last thing a creche wants is a parents whatsapp group where information is shared.

I've experienced this myself during a head lice infestation. The creche was telling a number of parents that all the other kids were clear and their kid was the problem, this was realised upon a chance meet up. It turned out the problem was with the creche and garment storage.

If the kids are saying the same thing about a certain member of staff, they don't want the parents knowing.

LastApacheInjun

Our primary school has a similar policy for Whatapp groups. They say, right at the start of every year, that the Whatapp group is not be used to discuss the quality of the teacher, any problems with other children, or any problems with other parents. If you have a problem with the teacher, or another child, raise it with the school. If you have a problem with another parent, raise it with that parent directly. Something like discussing headlice wouldn't breach the rules I would imagine, as long as you're not slandering the school or another after school. And there are ways of taking something out of the main group e.g. "I have a question about the outside time/lunch provided/communications on headlice. If anyone else has also talked to the creche about this, or also has a question, could they DM me?".

The guidelines can really just be summarised as "don't be d*ck".

ec18

it's worth noting that what's app groups fall under a classification of public discourse so if there were comments being made about and individual or organisation that were untrue. The person making them could be held liable for slander