While it likely to be difficult to completely eliminate the potential for staff to be criticised on the internet, there are some basic strategies that can be implemented to minimise the potential for staff to be criticised, and if they are, to reduce the likelihood of other school community members joining in the criticism and thereby escalating its profile and impact.

These strategies include:

• acknowledging when things have gone wrong, apologising, remaining focussed on the student and addressing an oversight or error;
• reminding staff of their responsibilities under the department’s Code of Conduct;
• setting out clear expectations for student behaviour and the consequences if those expectations are not met;
• educating school community members about school policies and procedures;
• establishing and promoting expectations of acceptable standards of behaviour from members of the school community;
• providing staff with professional development;
• supporting staff to use school based and personal social media safely;
• identifying the potential for challenging behaviour from a member of the school community;
• factoring these behaviours into school planning; and
• maintaining awareness of developments in social media law and policy.

Acknowledging when things have gone wrong, apologising, remaining focussed on the student and addressing an oversight or error when it occurs

There are occasions where mistakes are made by school staff. It is important, even if the school community member’s response to what has occurred is disproportionate or offensive, to acknowledge what has gone wrong and address it.

An apology should be made where warranted. If the school community member’s response has been offensive the opportunity should be taken to comment on the nature of the school community member’s response, advise that complaints or concerns are welcome and reinforce the importance of raising issues and concerns in a more appropriate manner.

At all times it is critically important not to allow the behaviour of the school community member to distract the school from focussing upon the learning and support needs of any affected student.

Reminding staff of their responsibilities under the department’s Code of Conduct

It is important to remind staff of their responsibilities to students, parents and other staff under the department’s Code of Conduct. Potential breaches of the Code of Conduct should be referred to the department’s Professional & Ethical Standards directorate.

Clearly setting out expectations for student behaviour

Clear expectations should be set out for student behaviour, including online behaviour. The consequences of not meeting those standards of behaviour, including the potential for disciplinary action should be made clear.

Educating school community members about school policies and procedures

It is important for schools to:

• attempt to involve the school community in the development of school based guidelines (e.g. The school’s anti-bullying plan) Remember policies & procedures are State based;
• regularly promote relevant policies and procedures using a variety of means;
• inform members of the school community about the school’s legal obligations (e.g. privacy) and ask parents (and others) to notify the school when court orders are made.
• transparently outline how decisions about class placements, awards etc. are made;
• regularly remind parents how complaints and concerns should be raised with the school and of the standards of behaviour expected of parents;
• clearly and proactively advise parents about the approach that will be taken to issues of previous or likely future dispute (e.g. family law issues); and
• acknowledge complaints and inquiries as well as provide realistic timeframes for responses to issues raised by parents and regularly update on them if there are delays.

Establishing and promoting acceptable standards of behaviour from members of the school community

Schools should establish and promote the standards of behaviour expected of members of the school community beyond the School Community Charter (nsw.gov.au). Expectations about behaviour should be expressed positively and generally include:

• clear rules for entry/exit from the school grounds including any requirement to “sign in”;
• identify “out of bounds” areas;
• explain how to make appointments to see teachers/school counsellor/the executive/the Principal;
• establish how members of the school community are expected to interact with each other;
• set out how to make complaints or raise concerns in an appropriate manner – including that issues with other children must not be raised directly with a child in any circumstances;
• establish parameters for respectful communications with or about the school, students, staff and other parents on social media and the use of technology while on school grounds; and
• clear outcomes for school community members if behavioural standards are breached.

Providing school staff with appropriate professional development

Sometimes criticism on the internet is triggered by a mistake made by the school. While an inappropriate reaction is unacceptable in any circumstances it is important to remind staff of their professional obligations towards students and parents under relevant law and the Department’s Code of Conduct Code of Conduct (nsw.gov.au).

Providing staff with professional development in relation to key legal requirements (e.g. the obligation to consider making reasonable adjustments for students with disability) can minimise the potential for the kinds of incidents which may trigger criticism on the internet.

The department’s Legal Services directorate have designed resources to support school staff develop competencies in areas such as the duty of care, bullying, discrimination and exchanging student information. Schools are encouraged to alert staff to these resources and encourage staff to complete the modules. These modules can be accessed on the Legal Services website.

Where parents are known to consistently engage in difficult behaviour, consideration should be given to providing key staff with training in how to deal with people with difficult behaviour.

The NSW Ombudsman, amongst other agencies, provides training of this kind. Further information about the training provided by the NSW Ombudsman can be found on its website at https://www.ombo.nsw.gov.au/training-workshops-and-events/training-and-events-calendar 

Assessing the potential risk for criticism on the internet impacting on staff and implementing strategies to minimise that risk

The risk of criticism of staff is foreseeable in certain circumstances. For example, on some occasions the nature and subject of media reports can trigger an emotional response in the community which is inappropriately directed towards a school where an event has taken place.

This emotional response can take the form of threatening, offensive and even obscene texts, emails or posts on the Facebook or other social media maintained by the school or more general. Staff need to be prepared for this kind of contact to be made.

Strategies to minimise the impact of this behaviour will vary according to the circumstances but can include monitoring the school’s social media, disabling its’ Facebook account, providing scripts to staff answering the telephone, briefing local members of parliament and arranging for someone outside of the school to review the school’s email inbox.

It is very important to include staff in planning the response of anticipated or actual criticisms and explain strategies the department may consider implementing in response to criticism, including the non-response.

Supporting staff to use school based and personal social media safely

It is essential schools/school staff comply with the requirements of the Code of Conduct and the department’s Social Media Policy and Procedures.

Staff also need to be mindful of the importance of keeping their own online interactions safe. Staff can be advised of the resources that have been developed by the Office of the eSafety Commissioner to be safe online including the technology check-up that has been developed to assist people protect themselves and their personal information online.

Identifying the potential for challenging behaviour from members of the school community

A previous school should consider informing the new school (where known) about previous difficulties between a school and a member of the school community, where these difficulties could re-emerge at the new school.

The transfer of this information between NSW government schools is authorised by work health and safety law and between NSW school sectors under Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998.

The new school should be informed of strategies that have succeeded and those that have failed when the new school develops strategies to support the student.

Where another agency is also involved in providing support to the family it is possible that agency has also dealt with difficult behaviour. It may be possible to exchange information about the other agency’s response to this behaviour under Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998 https://legislation.nsw.gov.au/view/html/inforce/current/act-1998-157 

To be able to do this the other agency must be a prescribed body and the information exchanged must:

• relate to the safety, welfare or wellbeing of a child or young person (or class of children or young people); and
• assist the making of any decision, assessment or plan or to provide a service relating to the safety, welfare or well-being of the child or young person.

Obtaining this kind of information can help the school avoid “making the same mistake twice” or “recreating the wheel” when dealing with school community members with difficult behaviour.

Further information about the exchange of information between prescribed bodies can be found in Legal Issues Bulletin 50 Information provided for the welfare of children (nsw.gov.au)

Factoring potential triggers into school planning

Attempts should be made to identify and avoid triggers to difficult behaviour to the extent this is possible and do what is reasonably practicable to avoid those triggers.  For example:

• consider the individual when drafting correspondence and avoid “bureaucratise” and unintentionally offensive or patronising language. Also recognise the potential for copies of your communication to be posted online and draft correspondence accordingly;
• consult with the Director Educational Leadership and check the Controversial Issues in Schools Policy (nsw.gov.au) has been complied with prior to engaging in issues that may prove controversial;
• learn what you can about a school community member’s past experience and reflect upon the difficulties they may be facing;
• try to keep track of external factors that may impact on the family (such as an upcoming court date for their child);
• if “sudden” changes to school routine trigger difficult behaviour give those affected as much notice as practicable to any proposed changes; and
• plan for difficult conversations.

Principals may use the “EAR” approach to difficult conversations with parents. This involves:

• EMPATHY (e.g. – I can tell by your tone of voice you are distressed)
• ATTENTION (e.g. Work through the issues – this includes the issues on the parent’s list as well – such as I want to listen carefully to your concerns about Mary seeing a counsellor)
• RESPECT (Find something that you can respect about the parent and let them know. e.g. I understand that you know Mary best and it is important that I listen to what you are saying).

To this I would add a further “R” for recording the outcomes of conversations. Further information about:

• managing unreasonable complainant conduct can be found in the NSW Ombudsman’s Managing unreasonable conduct by a complainant Manual 2021 https://www.ombo.nsw.gov.au/Find-a-publication/publications/guidelines/state-and-local-government/unreasonable-complainant-conduct-manual 
• the practical application of the “EAR” approach to managing high conflict behaviour can be found on the Queensland Office of the Information Commissioner’s website at https://www.oic.qld.gov.au/__data/assets/pdf_file/0017/20708/Managing-High-Conflict-Behaviour-presentation.pdf and
• conducting difficult interviews in the education context can be found in Legal Issues bulletin 33 Difficult interviews and related issues (nsw.gov.au)

Keeping informed of changes in social media law and policy

Social media practices change at a rapid rate. It is important to keep informed of new developments in social policy law and policy.

This can be done by checking for relevant information in publications like Schoolbag, monitoring the safety Commissioner/Australian Media Communication Authority website and signing up for newsletters such as the safety Commissioners – eSafety News at https://www.esafety.gov.au/newsletter-subscription or the ACMA general updates newsletter at https://www.acma.gov.au/theACMA/Newsroom/Newsroom/Latest-news/subscribe-to-our-digital-products

Conclusion: This is no easy task and a checklist of proactive and responsive actions when criticisms are pending or launched is at Appendix 1 to this paper and a list of resources which may be of assistance is at Appendix 2.

Thank you to DoE Legal Services Directorate for providing guidance
Further information: Misuse of technologies (nsw.gov.au)