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HSE: Schools can inform of positive Covid cases if they receive parental consent

The HSE said it only recommended against this in cases where parental consent wasn’t sought or it wasn’t GDPR compliant.

THE HSE HAS said that schools can share information of when there is a positive Covid-19 case in a class, if they have the parents’ consent and are GDPR compliant. 

A teachers’ union said this advice was “inconsistent” with previous advice given by the Department of Education after the decision was taken to end contact tracing in school settings in September. 

There has been growing criticism of the lack of contact tracing in schools, with teachers, principals and TDs saying that schools have been “left in the dark” about how Covid-19 is spreading, and expressing concern that this is disrupting children’s education.

The current surge in Covid-19 cases has been exacerbated by a shortage in substitute teachers, meaning when a teacher self-isolates with symptoms or a positive Covid-19 test, it can be difficult to find a temporary replacement.

In September, contact tracing in school settings ended in order to prevent students who were close contacts of confirmed cases from missing days in school unnecessarily. 

The former head of test and trace Niamh O’Beirne explained this decision at the time, saying that there was just a 5% positivity rate among children who were close contacts of a confirmed Covid-19 case in a school setting, compared to a 25% positivity among children who are close contacts of cases in household settings.

Though teachers and opposition TDs agree that something had to change about how contact tracing operated then, they argue it shouldn’t have been completely removed.

A surge in Covid-19 cases

Of the 3,136 outbreaks that have been reported since 27 June 2021, when the fourth wave of Covid-19 began, 321, or 10% have been documented in school settings.

In a meeting last month, NPHET noted that from 7–13 October, the age group with the largest number of referrals was the 4-12-year-old age group, and that the detected rate for the 4- to 12-year-old age group is 9.4%.

In a letter to the editor published in the Sunday Independent this week, a principal wrote that due the high rate of Covid-19 cases confirmed in their school, they have decided to text all parents in a class where there has been a PCR-confirmed case.

“I simply say: ‘We have been notified of a case of Covid-19 in your child’s class. Please be vigilant for symptoms in your child.’

“Of course I shouldn’t be doing this, it’s against Department advice – but look, what’s the worst that can happen?”

Principals ‘free’ to share info if compliant

In response to these concerns put to the HSE by The Journal, a spokesperson said:

“Since the updated contact tracing guidelines were implemented on September 27th, the HSE no longer routinely shares the details cases of Covid-19 identified who have attended primary schools whilst infectious, as no further bespoke public health actions are routinely required.”

This refers to the fact that close contacts of confirmed Covid-19 cases do not need to restrict their movements if they have no symptoms, and are fully vaccinated (if eligible).

The spokesperson said: “The schools are still required to undertake the two most important actions to prevent spread of Covid-19 (and other respiratory viruses) by ensuring no-one with new acute symptoms attend class, and that all recommended infection prevention and control measures are in place to prevent spread from any asymptomatic cases who might be within the school.

However, if schools are informed by parents of a case of Covid-19, and those are parent are happy for this information to be shared, then principals are free to do that if they are satisfied it is in compliance with GDPR.
The HSE guarded only against sharing of information when specific parental consent has not been sought or all GDPR measures attended to, as any information regarding Covid-19 is no longer being requested to be shared routinely under the protection of public health.

‘Inconsistent’ with previous advice

A spokesperson for the Irish National Teachers’ Organisation (INTO), which represents over 40,000 primary school teachers across the country, said that this advice was “inconsistent” with the original guidance provided to schools by the Department of Education when contact tracing in school settings was removed in September.

“Mixed messages during a pandemic are not helpful to a school community battling an ever-deteriorating public health landscape,” they said.

In that guidance seen by The Journal, the advice says in an FAQ section that there is “no clinical need for information to be shared with contacts of cases, therefore Public Health do not recommend that you tell parents of other children that there has been a case of Covid-19 within your class / facility / group”.

Though the advice warns of the information being shared on WhatsApp groups, and mentions GDPR requirements, it does not state that information can be shared if parental consent is received and the manner in which it is done is GDPR compliant.

Symptoms of Covid-19

The INTO spokesperson also added that schools “do not have the authority to unilaterally ensure symptomatic children are kept out of the classroom”.

“Such a policy would be at variance with the government’s own policy of personal responsibility.

 The abject failure of the government to run a comprehensive public awareness campaign on the key symptoms of Covid-19 among school children, has utterly failed to inform many parents of both their obligations and the specific symptoms to be aware of.

The Government and NPHET have been repeatedly emphasising that parents should keep their children at home if they have symptoms of Covid-19.

There has been some confusion around what the symptoms of Covid-19 are among children; in September questions were raised about whether a child should be kept home from school if they have a runny nose. 

The HSE website states that the most common symptoms of Covid-19 among children are a high fever, a dry cough, and fatigue. Less common symptoms include a loss of taste or smell, a blocked nose, or a sore throat.

At a meeting of NPHET on Monday 18 October, the minutes note that the “recent decision to stop automatic contact tracing of children in schools” was discussed.

“Members queried whether analyses had been undertaken on possible increases in household clusters of infection and if there was any link with children attending school.

“The HPSC outlined that nationally, there had recently been two outbreaks in schools with significant case numbers reported in each case.

“Generally, outbreaks in schools have not been observed to be associated with resultant significant increases in family/household transmission.”

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17 Comments
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    Mute Lucy Legacy
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    Nov 16th 2021, 6:31 AM

    The schools were hung out to dry on this.

    320
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    Mute Graham Manning
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    Nov 16th 2021, 7:22 AM

    Lies. Schools were specifically told to not tell parents is theres a case in the school or their child’s class not ifs, ands or buts. All schools and BOMs should ignore this and automatically tell parents. This isn’t a breach of GDPR even if they don’t have parental consent and should be viewed by all as an obligation under health and safety which trumps all else.

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    Mute Adrian O'Donnell
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    Nov 16th 2021, 6:46 AM

    Not good enough. Childcare costs mean grandparents are a massive part of a working family’s life. They need reassurance that all that can be done is being done to ensure their safety too. Lots of schoolkids with asthma etc need that extra layer of protection. You can’t afford to cook the books with covid.

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    Mute Sarah Lou
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    Nov 16th 2021, 8:37 AM

    @Adrian O’Donnell: I have to ask, having tried to keep scrolling, firstly why is your first point about contact tracing in schools about grandparents? Are people really almost 2 years into the pandemic still having vulnerable adults collect unvaccinated primary school kids. Please noone come back and say I don’t know the struggle, we both work full time and have 2 primary school kids. What about the kids? Should we not be contact tracing in the schools to protect the kids? The teachers, snas, secretaries, cleaners? I am baffled why your first thought is for those who use the grandparents to reduced childcare costs?!

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    Mute Laura Grimes
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    Nov 16th 2021, 7:09 AM

    I am all in favour of protecting an individual’s privacy (child or staff member) but parents have to be enabled to make data led decisions. A lot of people have extremely vulnerable relations through sickness or elderly age and being told there is a case in “the school or creche” is inadequate. HSE, a bit of common sense please.

    133
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    Mute Fiachra Pollard
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    Nov 16th 2021, 7:28 AM

    GDPR?? You don’t have to name the child!
    My nieces – 4 positive cases in their class confirmed on parents WhatsApp group, not a word about it from the school.
    My sons creche, 1 positive case and all are banned until you show negative PCR test, pain in the hole but the right thing to do.

    124
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    Mute Graham Manning
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    Nov 16th 2021, 9:16 AM

    @Fiachra Pollard: GDPR is a red herring in this. If your school is following advice then complain directly to the BOM that they’re not fulfilling their health and safety obligations. They do NOT have to follow the advice and can tell parents if there’s a positive case in the school and/or their child’s class.

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    Mute Sarah Lou
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    Nov 16th 2021, 8:19 AM

    Very confusing time. Recently was unfortunate enough to have call from contact tracing for my child. They took no contacts aged 3 to 13 outside the home, educational or private settings. Whole thing is a joke but explains why it’s rampent.

    78
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    Mute Mac Muinteoir
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    Nov 16th 2021, 8:37 AM

    This kind of confusing nonsense is what happens when you try to sell a policy of keeping kids in school at all costs by marketing it under the slogan “Schools Are Safe”. For example, no social distancing in schools is a product of the policy (all kids in at all costs), no masks in schools is a product of protecting the brand (why would they need masks if schools are safe?). Ending the minimal contact tracing in schools is the policy, not telling parents of a case in the class is protecting the brand. Sprinkle in a healthy dose of “ah sure does it really matter if kids get it, might it even be a good thing?” and you’ve got Ireland’s dysfunctional response to covid in schools.

    86
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    Mute Rob Gale
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    Nov 16th 2021, 10:00 AM

    What other country had the Public Health Service telling schools to not tell anyone about positive cases in classes? It must be the most irresponsible part of all this since they pushed loads of untested patients into old folks homes. Just completely wreckless and uncaring.

    46
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    Mute Shay Dunne
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    Nov 16th 2021, 8:29 AM

    Something is rotten in the state of Denmark. Why did we do much during the first three waves and now We’re pretending there’s nothing to see here. Something really is rotten

    54
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    Mute Kim Steen Hansen
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    Nov 16th 2021, 9:10 AM

    @Shay Dunne: what’s wrong with Denmark?

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    Mute Shay Dunne
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    Nov 16th 2021, 9:22 AM

    @Kim Steen Hansen: the weather is pretty crap

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    Mute Kim Steen Hansen
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    Nov 16th 2021, 11:42 AM

    @Shay Dunne: if you don’t like the sun in summer and snow in the winter then yes

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    Mute John brett
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    Nov 16th 2021, 10:21 AM

    So what’s the difference between a child body and a adult body both spread this virus. Children crammed in classrooms no masks. Does not make one bit of sense.

    33
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    Mute marian doherty
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    Nov 16th 2021, 8:20 AM

    Funny that as my 4 year old got sent home from school yesterday with just a runny nose

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    Mute Macca1986
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    Nov 16th 2021, 7:34 AM

    companies have their own policies in places. certain spots if you’re a close contact to a positive case, you still have to isolate until you receive a negative PCR where as in general with HSE, if you’re fully vaxed and a close contact u get on with work as normal unless you display symptoms. leads me to the question, if you’re fully vaxed, would you get on with your life as normal if a close contact?

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