Parents of pupils at a top Durban girls school have lodged a complaint with the South African Human Rights Commission over a survey in which children were asked “intrusive” questions about their emotional wellbeing, bullying, peer relationships, health and coping mechanisms.
The “concerned parents” at Durban Girls’ College (DGC) say the survey, conducted without their knowledge, violated the girls’ rights and contravened data privacy laws.
The parents also take exception to the fact that Anuschka Coovadia, a director of the company that conducted the survey, Usizo Advisory Solutions, chairs the health portfolio on the school’s board of governors. This, they say, represents a serious lapse in governance.
They have asked the commission to determine whether collecting psychological and health-related information without parental authority violated children’s rights, and have asked various other authorities, including the national education department and the South African Council for Educators, to investigate teacher conduct.
“This complaint has been submitted anonymously to protect the identities of learners and families,” the parents group said in a message to the Sunday Times.
“At its core, this matter is about children’s rights. Under section 28 of the constitution, the best interests of the child are paramount ... Schools also act in loco parentis, carrying a duty of care that cannot be outsourced or exercised without proper consent.”
The parents said the survey was framed as part of a wellness strategy and the identities of respondents were clear from their e-mail addresses.
“No parental consent was obtained, no clear data safeguards were explained, and no anonymity was guaranteed. Sensitive data is now potentially accessible to a third party — raising a conflict of interest and governance concern,” the parents group said.
“Learners were asked about sadness, stress, belonging, and family or social concerns. One question asked directly: ‘What things outside of school (at home or with your friends) make you feel worried, stressed or upset?’
Our focus, however, will always remain on supporting the wellbeing and growth of our pupils in a manner that is ethical, responsible, and aligned with best practice
— Heidi Rea, Durban Girls’ College executive head
“This type of questioning could intrude into family and private life, breach constitutional protections, contravene the Children’s Act — which requires respect for dignity and development — and violate the Protection of Personal Information Act, which prohibits processing children’s personal and special personal information without parental consent,” they said.
Their children reported feeling anxious, unsafe and exposed when answering the survey, knowing that their responses were not anonymous.
The school’s executive head Heidi Rea told the Sunday Times the survey was above board and said the responses had been “anonymised”.
“At DGC whenever we embark on something of this nature we always seek professional and legal advice ... No laws under POPIA sections 11 and 35 were broken and there was no conflict of interest in the professional and legal services procured for this purpose,” Rea said.
“DGC always endeavours to act in the best interest of the pupils in our care ... We value transparency and accountability, and we remain open to constructive engagement with all stakeholders. Our focus, however, will always remain on supporting the wellbeing and growth of our pupils in a manner that is ethical, responsible and aligned with best practice.”
She said the school had told parents at the beginning of the year that pupil wellness would be a priority, and because the survey was part of this process, specific consent for it was not requested. Also, “no personal information [was] shared as the survey was anonymised”.
Attorney Nike Pillay, representing Usizo, said an independent team of consultants conducted the survey and Coovadia was not among them.
“The project involved conducting global and local research into wellness best practices, interviews with the team of psychologists and teachers at DGC and developing a set of questions for the teachers, parents and students, to understand their health and wellness needs,” Pillay said.
“The key objective was to understand how to care for students better and make them feel happier and more loved in the school environment...
“The survey questions were reviewed by a clinician ... They were subsequently approved by DGC, which then submitted the surveys directly through its own channels, to their students,” he said.
Pillay said Usizo had no contact with the girls. “No personal identification data of any student has been requested, collected or recorded by our client.”
Pillay said Usizo was not aware of any parental concern or objection.
“It would be very unfortunate if DGC’s admirable efforts to enhance the care they provide ... are obstructed by a group of people who hide behind anonymity and choose to go to the media with their claims, rather than seek the facts and engage with the school,” he said.
SAHRC provincial manager Pavershree Padayachee confirmed the complaint was received and said it would be registered and dealt with “as per the commission’s complaints handling procedures”.
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