A CONTROVERSIAL "no smoking" policy at a Tamworth school which involves spying on pupils using its CCTV cameras would put it in breach of the law, it was claimed this week.

The privately-run Landau Forte Academy, formerly Woodhouse High School, recently announced a tough new policy to fine parents £10 if their children were caught smoking – and said it would use CCTV footage as evidence against them.

But advisory service Camerawatch this week contacted the Herald and said public records showed the academy had not registered its CCTV equipment for such a use – and warned it could land the school in court to face a fine of up to half-a-million pounds for breaching the Data Protection Act.

A record obtained by the Herald showed that Landau Forte had registered its CCTV system for "the purposes of maintaining security of premises, for preventing crime and for investigating crime".

Paul Mackie, compliance director at Camerawatch, said: "Whatever it is registered for you can only use it for those purposes.

"There is no mention in the school's registration for their CCTV system that it is to be used for non-smoking policies – it is for crime prevention purposes."

He added: "It is yet another example of CCTV being used for purposes outside those registered – which breaches data protection legislation and therefore breaks the law."

A formal letter was sent to parents and the policy was uploaded onto the school's website, which said that financial penalties of £10 would be handed out, reduced to £5 if paid within seven days.

The school itself stated that the fines could not be enforceable at the magistrates courts but that if the cash was not paid within 14 days then formal disciplinary action would be taken against the student.

The letter, issued by vice principal Simon Fletcher, said "the whole site including the roadways and footpaths within eyesight of the main gates" would be smoke free places. The policy has been operational since January 1, 2011.

Mr Mackie, who said his organisation promoted the correct and legal use of CCTV systems, said it would be difficult to justify the use of cameras for a no smoking policy.

He also said that – by law – signs must be put up around the school warning people about the cameras and their intended use.

"The signage must state the reasons for the CCTV system and a contact notice," he said.

He urged the school to look again at the Code of Practice issued by the Information Commissioner's Office, which is responsible for administering the provisions of the Data Protection Act 1998 and the Freedom of Information Act 2000.

He added: "I am not against CCTV, I am for it, as long as it is being used properly and lawfully."

A spokesman for the Information Commissioner's Office said that the use of CCTV cameras to address problem behaviour could only be justified under "exceptional circumstances".

"We would stress that constant filming and sound recording is unlikely to be acceptable unless there is a pressing need, for example, if there is an ongoing problem of assaults or criminal damage," she added.

Landau Forte was contacted by the Herald but officials again declined to answer our questions on the policy.

Principal Diane Pickering, said: "We would like to invite the organisation who has been in touch with the Tamworth Herald to contact us directly at the Academy so we can discuss any issues they wish to raise.

"We have no further comment to make."

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