Sandra Dick: Swimming against the tide to capture childhood

Taking photos of your children as they grow up and spread their wings is one of life's great joys. So, asks Sandra Dick, isn't it time for a little more common sense from the officials who ban parents with cameras?

FROM the moment they arrive, through their first smiles and tottering steps towards nursery, school and beyond, parents love to capture it all for the family album.

Recording our children's lives on camera brings memories to life for years to come, creating precious reminders of moments that can never be replaced.

When it comes to that first swimming lesson, a fun-filled soft play session with new friends or the class nativity play, out comes the family camera.

But parents and grandparents across the Lothians are regularly finding themselves barred from taking pictures in even these most innocent situations, seven years after the city council withdrew a controversial ban on school play pictures in the face of a threat of legal action.

Official policies dictating whether you are actually allowed to take such photos at all vary widely today depending on where in the country you might be.

Even in places where the rules seem benign – which now includes Edinburgh following controversies in the past – the way they are put into practice can leave parents embarrassed and frustrated.

Sadly, the confusion means some avoid the risk of falling foul of regulations by not bothering to even attempt to take a picture. For them, the chance to capture their child at play is lost forever.

Meanwhile, those who do 'risk it' could face the humiliation of being ordered to produce identification or, worse, put away their camera and delete their images.

That's what happened to Sheila Campbell last year, after the 85-year-old mum of broadcaster Nicky Campbell arrived at the Royal Commonwealth Pool in Edinburgh to photograph her granddaughter.

"One of my granddaughters was practising her diving so I took out my camera to take some nice pictures," she said. "But an attendant warned me to stop.

"What is the harm in it? I did not protest even though I was not causing any harm. He might have taken away my camera."

There is no specific law against taking photographs in public, nor can the police or anyone else insist that you delete images you have taken.

But once within private property or local authority premises such as leisure centres and schools, certain rules or regulations can apply.

Edinburgh City Council says there is no ban preventing parents from snapping their children during school events.

"We take a common sense approach," says a council spokesman. "Parents want to take photographs of their kids at play and events and we don't want to get in the way of that at all.

"However, we understand that a few parents might not want their children to be photographed for whatever reason and we encourage schools to work around that."

Despite Mrs Campbell's experience last year, there's no outright ban at Edinburgh Leisure, either.

However, the leisure body concedes there needs to be some control over photography. "Unfortunately, not everyone in our society has an innocent use for photographs of children and vulnerable adults," it states.

"There is evidence that some people use sporting events and activities as an opportunity to take inappropriate images."

It allows photography and filming as long as there is permission from the most senior member of staff on duty and that no-one involved has reason to object.

In practice, though, this can mean parents finding they need to write a letter requesting permission and wait weeks for clearance simply to take a camera into a swimming class.

As regards the incident involving Mrs Campbell, the organisation will only state it is keen to "allow parents to photograph their children having fun whilst at the same time ensuring their safety."

West Lothian parents can photograph within schools "where practical". The council policy adds that there is no requirement on parents to comply with the Data Protection Act when taking photographs of their own children, for their private use, at an organised event. The UK information commissioner recently issued a guidance note highlighting this point in an effort to clear up some of the recent controversy.

Perhaps in an indication of just how confused the situation surrounding the issue has become, neither West Lothian Leisure, East Lothian Council nor Midlothian Council were able to find anyone to talk about their policies to the Evening News yesterday.

Tam Baillie, Scotland's Children's Commissioner, has called for national guidelines to clear up the confusion.

"We all want to celebrate children's childhood and (photographs] can become some of the most treasured possessions for children, and indeed adults, looking back on their childhood," he says.

His comments have won support from, among others, Tom Roberts, head of public affairs at Children 1st.

"Photos are an important part of childhood and are great to look back on. Parents quite rightly want to be able to photograph their children as part of outings and special occasions, but there can be concerns about how photos could be misused," he says.

"However, blanket bans are not an answer. There has to be a common sense approach which says that, in most cases, photography is a legitimate part of enjoying the occasion.

"Local authorities need to sit down and work out fair and standard guidelines that can be easily understood by all those using public facilities so families can capture those important moments."

A sensible and streamlined policy which allows parents and grandparents to enjoy one of the simple joys of life doesn't seem too much to ask.

'ONCE YOU MISS IT, YOU CAN'T GET IT BACK'

EDINBURGH lawyer Sarah Shiels decided to mount a legal action against the city council after she was told she would not be allowed to take images of her daughter playing Mary at a nativity.

She said: "There had been no consultation with parents or schools. From what I gather, it came as a shock to the headteachers as much as parents. It was government by dictat, and I knew that probably wasn't lawful.

"It bugged me the way it came out of the blue. I was angry that I was going to miss the opportunity. Once you've missed that with a child, you can't ever get it back. You can't make them ride their bike for the first time, or swim for the first time on their own again."

Following the row in 2003, the council relented and withdrew its policy. Similar rules, however, are still being enforced by other local authorities, albeit inconsistently.