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Need to make a serious complaint about softplay who would i contact??

(95 Posts)
Mummy1111 Tue 26-Feb-19 15:03:13

On sunday past i had my two little ones at softplay (5yrs and 2yrs) we go to softplays regularly but was first time to this one as it was newly opened. We were in about 20mins and my little one had went up to top of climbing part i heard a scream and cry like hes never done before and instantly within few seconds i was at top of where he was there was a member of staff there she said aw think may have got a freight or hurt himself. His foot was stuck on net and i got him out. I didnt speak to her i just took him down in a panic i then realised he wouldnt stand or put pressure on his legs. Within minutes where more staff over at us i asked the girl who had spoken before adter i seen her walking over with another staff member and i said so ehat exactly happened ehat did he get his foot stuck on??? There was no first aider, no incident report no nothing my partner stayed there to make there way home i went right to hospital. Turns out my little one has damage to his ankle and has broken his shin from under knee to bottom of leg he is now in a full leg cast.
The staff didnt contact us, i phoned today to be told no forms where done they didnt even have note of his name and that obviously staff didnt follow guidelines but theres also a problem with a language barrier from the girl who helped him as aparently doesnt speak greatest english? But was able to tell me his leg was caught on net and she got him out???then back tracked.
He has this on upto 8weeks and if didnt heal could need surgery.
Who can i contact and is there anything i can do???

Farmerswifey12 Tue 26-Feb-19 15:06:06

Your poor son! Not sure who to contact so I'd probably phone citizens advice and see if they can point you in the right direction

madvixen Tue 26-Feb-19 15:08:13

Oh your poor wee boy. I'd contact the HSE, especially as no accident form was completed

HennaLights Tue 26-Feb-19 15:08:25

Contact the local council for advice, they should signpost you to the local Environmental Health Department, who will investigate.

OwlinaTree Tue 26-Feb-19 15:08:31

Health and safety? A quick Google seems to suggest local authority environmental health department. Hope your son feels better soon.

dementedpixie Tue 26-Feb-19 15:08:44

I'm not detracting from what happened but was your 2 year old in an age appropriate section? At that age I wouldn't let them on big soft play equipment unsupervised. I don't know who you would complain to

Meralia Tue 26-Feb-19 15:09:58

This is appalling! Is it a chain with a head office, or an independent soft play?

Was the worker with your son when this injury happened? Do you know for definite what actually happened? As you said the worker changed the events as she recalled them?

They should have had training in what happens with accidents/ incidents. This definitely needs investigating and taking further! I’m shocked it’s been managed so poorly!

It’s all very dodgy. I’m not sure who you’d contact, but I hope your son has a quick recovery and isn’t in to much pain.

PlainSpeakingStraightTalking Tue 26-Feb-19 15:10:34

(a) follow the soft plays complaints procedure
(b) go to the local council H&S
(c) take advice from the Health and Safety Executive (HSE) www.hse.gov.uk/riddor/who-should-report.htm

Good luck in going up the CAB route - they never answer their phone or have appointments IMHO

Whereisthegin1978 Tue 26-Feb-19 15:16:45

I think you need to contact your local council H&S felt. My daughter slipped and broke her arm age 3 - it wasn’t their fault, she just tripped on the way up to the next level. We didn’t realise it was broken until we got home but I did contact them to tell them and they were keen to fill out an accident report form - it seems as though there has been some oversight in their training. I hope your son is better soon.

AmIRightOrAMeringue Tue 26-Feb-19 15:19:22

Given it resulted in a hospital stay I'd contact the HSE

Write down exactly what you can remember and keep all medical reports and take photographs. Ask anyone else that was with you at the time to do the same

I'd also maybe contact a solicitor if you want to pursue compensation

However you will have less of a case if there are signs up saying you need to supervise or join your child on equipment, or if he was in the wrong age area

NWQM Tue 26-Feb-19 15:21:44

I’d say from their Health and Safey Executive website it’s not them but the Local Authority....
www.hse.gov.uk/contact/authority.htm

They do however have an on line form so wouldn’t take you long at all to report and they can channel.

I’d ring my local authority call centre.

I’d also email them and ask them to confirm that they did not do an accident report etc and ask if they investigating what happened.

If the area is advertised as being safe for 2 year old I’d ask them to clarify if they have modified the area so no-one else gets hurt or have they relabelled it. A) because I’d want to make sure no-one else did & B) be interesting that they have felt the need.

Please do report

WFTisgoingoninmyhead Tue 26-Feb-19 15:22:24

That is some serious injury for a little boy who only got his foot caught in netting, I would most definitely take this further. It is quite unacceptable to not have noted down the injury at the time and filled in the accident book.

NWQM Tue 26-Feb-19 15:23:06

P.s do they CCTV? Act quickly if so to see it otherwise footage could disappear

Stormwhale Tue 26-Feb-19 15:25:06

The part I would want absolute clarity on was if she tried to pull him out. It sounds like she could have worsened his injury which needs looking into.

Mummy1111 Tue 26-Feb-19 15:28:20

Hi everyone, it haf no other equipment on it other than the soft mats there was nothing else there, if his foot was caught on the net then the whole are is made of that so thats why i was more unsure. I have been trying all day to citizens advice direct 40 odd minutes each time and keep getting cut off. Just wanted to speak to someone before speaking to them again to know how to go forward etc. As they said i coukd go in and sign an accident form now, i said i wouldnt be signing anything.??

GreenFingersWouldBeHandy Tue 26-Feb-19 15:33:13

Go in and ask for a photocopy of the form, and make sure you speak to the manager but do not sign anything. See what they have put as the cause of accident. You also need to update them on what happened at the hospital. Definitely report to HSE; they should have a first aider on site and proper protocol in place.

Hope your little lad is feeling better today; that's awful.

The soft play does not sound safe at all!

OneStepSideways Tue 26-Feb-19 15:34:44

I hope his leg heals quickly.

But honestly, I think you need to closely supervise a 2 year old in softplay, particularly on high equipment or netting. Most places have notices up saying parents are responsible for their child's safety.

Unless they have CCTV footage that shows the member of staff doing something wrong (eg pulling him when his foot was stuck) or the equipment is found to be unsafe/faulty, I'm not sure what could come of a complaint? Accidents happen, children do get stuck on play equipment or fall and land awkwardly, or bump into each other. It's possible nobody saw exactly what happened, and unless you were witnessed it I think it's unfair to blame the staff. They can't supervise all the kids at once and it sounds like she did her best to help/comfort him in your absence.

Jessbow Tue 26-Feb-19 15:36:36

Did the play centre know that he was seriously hurt?
Kids must have tumbles/falls/ accidents all the time in an environment like that.
Did they really realise he was that badly injured, and thus should have filled in an accident form?

FlibbertyGiblets Tue 26-Feb-19 15:37:29

Iirc there is no requirement for a first aider for centre users like OP's child (there will be a first aider but for staff only).

madvixen Tue 26-Feb-19 15:38:25

Green, weirdly there is no legal requirement to have first aiders in a premises. They just have to ensure that they have adequate plans in place in the event of an accident.

There is however a legal requirement under RIDDOR for any accident, where the injured party goes straight to hospital, to be notified to the HSE.

OP, try giving the HSE number a call

Doyoumind Tue 26-Feb-19 15:40:59

I think some people are missing the point. Legally, there has to be a process in place for dealing with and recording accidents. Clearly this venue did not have the correct measures in place.

Jessbow Tue 26-Feb-19 15:42:01

And you may find that there is a big notice somewhere saying children play at your own risk

babysharkah Tue 26-Feb-19 15:44:19

What do you want from this? Two year olds shouldn't be at the top of soft play, if he was bigger his foot woudn't have got caught.

madvixen Tue 26-Feb-19 15:44:35

Jess, that doesn't remove their legal requirements though.

Shelbybear Tue 26-Feb-19 15:47:10

That is awful. You should definitely complain. They should always have a first aider on duty. Basic health and safety rules broken there surely.

After an accident at soft play recently I asked for the first aider who attended and gave us some ice packs and a bandage to put on right away and we went to hospital. We also filled out forms and they called later to see how she was.

Mummyoflittledragon Tue 26-Feb-19 15:50:09

I’m sorry your little one got hurt. I agree I wouldn’t let a 2 yo near netting. Their feet can easily slip through. I agree that you have been failed under the H&S regs for not following procedure.

Myheartbelongsto Tue 26-Feb-19 15:52:37

What do you want the bottom line to be here?

What do you want the soft play centre to do about it now?

AngelaHodgeson Tue 26-Feb-19 15:58:04

They should always have a first aider on duty. Basic health and safety rules broken there surely.

They may well have had a first aider on duty. But there is no legal requirement to provide first aid for customers. Reference www.hse.gov.uk/pUbns/indg214.pdf

ohdearmymistake Tue 26-Feb-19 16:00:47

OP do you know what type of fracture your child has and is the cast from below the knee or up to the hip?.

Jeeves93 Tue 26-Feb-19 16:03:28

Did you ask for a first aider or assistance at the time? It isn't clear what information you gave them. Did you give them name and contact details? Were the staff aware he was injured?

inlectorecumbit Tue 26-Feb-19 16:10:29

I don't think there is a legal obligation to have a first aider on duty as parents are responsible for supervising their DC. There is a legal obligation to have a first aider for staff on duty....
However an incident report should have been filled in and l would be informing Health and safety to investigate what happened and their procedures.

Mummy1111 Tue 26-Feb-19 16:14:36

This area is for children 2and over and has a sign saying adults to refrain from going in the area. Its a very small doftplay only opened few months ago. We were told childrwn can free play as it is only the one area. And is all soft cubes and mats. If my child wasnt able to be there he woukdnt have been

Budsbegginingspringinsight Tue 26-Feb-19 16:15:00

Start off by telling someone at council

RedHelenB Tue 26-Feb-19 16:16:27

Was it clear that your 2 year old was badly hurt? As others say children do fall often at soft play areas.

AnnieOH1 Tue 26-Feb-19 16:22:58

Honestly I would contact a solicitor and have them deal with everything including insurance claims. You need to concentrate in your child and I would assume you've potentially lost earnings, got extra costs in getting him round etc that you wouldn't have had were it not for their negligence. The only thing I would do myself is go back and take as many photographs as possible of the area it happened, any signage etc before they have an opportunity to alter it and claim otherwise.

Your poor little lamb, I really hope he has a swift recovery.

Nannewnannew Tue 26-Feb-19 16:24:36

From your description of the injury it sounds like spiral a fracture which is caused by a twisting injury. Maybe your son got his foot caught in the netting and his leg twisted around thus causing the fracture.

Hope he heals fully and quickly.

Cla9 Tue 26-Feb-19 16:25:11

I don’t know if you can complain unless the equipment was broken? I do think they should have done a form.
I’ve signed an accident form at two different soft plays for my son and neither incident was as bad as your son’s.

Mummy1111 Tue 26-Feb-19 16:25:44

As soon as my child screamed i was there within seconds. The member of staff said his foot was caught i had to get him out think he got a fright. I lifted him and went to put him down and instantly realised he wouldnt put any pressure on his legs, he was screaming in pain, i then had three different members of staff over at me again saying do you need an ice pack etc. I explained i was unsure what exactly was the issue or hurt but can see he cant walk so could have been his feet, ankle knee or hips i told them right away i was taking him to hospital there and then as it was serious. Hes two and cannot tell me other than day his leg was sore. They asked for my partners number when he left said theyd phone yesterday and didnt.he has a full length cast on from his thigh could be on for upto 8 weeks. Have another app at fracture clinic tomorrow to check cast etc. I phoned today and was told there was no form they had no details of his name or the incident etc. Within half an hour my partner received a call to his phone (number he gave as he left)"from the manager who was on that day and spoke to us. She said her staff hadnt followed the procedure if we could get in to fill in accident form etc anytime now and that there must have been a language barrier and communication problem with girl who told us what happened etc.
We go to lots of softplays and there are areas that either of my children age restrictions are not allowed to be in which is what happens and they dont get to go in it.accidents do happen i fully appreciate that however for my two year old to have a broken shin and damage to his ankle and to be told his foot was stuck just doesn't make sense to me.

Mummy1111 Tue 26-Feb-19 16:29:17

My son is the priority, how ever yes i am now off work i only recieve stat sick pay. And i still have to pay £185 per week for my sons nursery place which he will not be there for atleast 6weeks longer depending until the cast is off and he is fit. Accidents happen i myself worked in childcare for over 8years. But this situation just isnt adding up and i do not understand how he could have sustained this type of injury through something that is supposed to be child safe. If was a twisted ankle or something similar i would understand alot easier.

Doyoumind Tue 26-Feb-19 16:31:55

Clearly, no one on site knew what the correct procedure was, which is very worrying.

Mummy1111 Tue 26-Feb-19 16:32:28

I have contacted glasgow city council health and safety spoke to someone and gave all details and have been advised that someone from health and safety will contact me back.i just am very unsure and extremely unsettled about when taking him to appointments the fact hes a baby and yet i have been given no clear explanation as to what happened so i can explain to the hospital etc other than what i was told by that member of staff.. An extremely horrible situation.

Jaxhog Tue 26-Feb-19 16:33:54

I'd be concerned on several fronts.

1. The staff don't appear to know how to fill in an accident report
2. I'd be very concerned that staff who dion't understand enough English to follow an accident reporting procedure are in charge of very small children. How can they communicate with them?
3. The staff should not have allowed a little guy to climb a cargo net unsupervised.
4. It seems a very odd injury to sustain from climbing a cargo net.
5. Your local authority needs to be aware of this injury. Possibly the press too. Would you use a softplay where this had happened? I wouldn't.

AngelaHodgeson Tue 26-Feb-19 16:34:21

She said her staff hadnt followed the procedure if we could get in to fill in accident form etc anytime now and that there must have been a language barrier and communication problem with girl who told us what happened etc.

So the manager has realised that the procedure for accident reporting wasn't follow and is trying to get that sorted. Presumably that is a good thing? As he has required hospital treatment immediately it will be reported to HSE within the required time frame (10 days I believe) and they can make sure everything is safe.

Sorry this has happened to your DS - is his pain under control now at least?

SinkGirl Tue 26-Feb-19 16:35:18

It does seem excessive, I don’t know how this happened either.

I’m sorry to have to ask, but did the hospital run any tests to make sure that there’s no medical reason for ending up with a severe injury from something seemingly minor? I realise you don’t know that it was minor, but I would want that to be ruled out because you don’t know exactly what happened, and won’t unless they have CCTV.

Have you asked about CCTV yet? If not, I’d be contacting a solicitor to do this for you. The company and the council should have to investigate how this happened, it’s a serious injury.

Jaxhog Tue 26-Feb-19 16:36:10

I'd also be concerned that no-one can clearly explain what happened. Which means either they weren't watching him, or can't speak enough English to explain.

TryingSoVeryHard Tue 26-Feb-19 16:39:27

This sounds awful. They appear to be trying to retrospectively follow the correct procedure to cover their arses. If you see the accident firm carefully check the date they write in as recording it as I bet they backdate it. Personally I'd play no part in the form as that's their problem but you need a copy.
Suggest that you ask the consultant at hospital if he can hazard a guess as to how such an injury could have occurred. I wonder if a bigger child landed on him while he was in an odd position. But a professional might have some ideas as to how certain injuries occur.

AlexaAmbidextra Tue 26-Feb-19 16:59:05

I don’t quite know what it is you want to achieve? Certainly the staff need to follow the correct policies regarding reporting incidents etc. However, as awful as this is for your son and for you, if it was simply an accident and neither the soft play staff nor the equipment are found to be at fault then there’s nothing to be done. You will only be eligible for compensation if it can be proved that their actions or equipment were at fault and as a result your son was harmed. You don’t get compensation because they failed to follow reporting procedures.

Treefloof Tue 26-Feb-19 17:03:19

They appear to be trying to retrospectively follow the correct procedureto cover their arses.If you see the accident firm carefully check the date they write in as recording it as I bet they backdate it

This is work so not quite the same, but when I shattered my ankle and had to go to hospital with it, the accident form was filled out maybe 3 weeks later. When I could get around on crutches, the ice had gone (the ice was the cause) and my boss could be there.
It was all above board. It was dated with the day of accident and day signed. Didn't know this was wrong. But I damn sure could not have signed it on the day. I was in agony, then surgery.

AlexaAmbidextra Tue 26-Feb-19 17:04:21

Which means either they weren't watching him

I will freely admit to knowing nothing about soft play centres other than that which I’ve read on here. However, my understanding is that it’s the parent’s responsibilty to watch their child. I stand to be corrected if it is the responsibility of the staff.

Nothinglefttochoose Tue 26-Feb-19 17:04:35

So you have no idea what actually happened yet you want to go and complain? Kids do get injured using play equipment and it doesn’t need to be anyone’s fault. It would have been nice if they had contacted you to see if your son was okay but it doesn’t sound like they’ve done much wrong.

Laiste Tue 26-Feb-19 17:08:25

Hope he gets better very soon x

Was the staff member actually up there supervising play on that piece of equipment?

Did you see any of what actually happened? What he was doing?

I think it's going to be hard to prove any negligence with regards to what the girl did or didn't do with his leg if no one else was watching.

crispysausagerolls Tue 26-Feb-19 17:09:06

nothinglefttochoose

What you said

SinkGirl Tue 26-Feb-19 17:11:53

This isn’t a sprained ankle - this is a serious break. The equipment is marked for use from 2, and there are signs saying parents shouldn’t go on the equipment, which means it should be safe for two year olds to use independently or they should have people supervising. Of course accidents happen but this sort of injury needs an explanation - what they’ve told OP doesn’t correlate with an injury like that.

AlbusPercival Tue 26-Feb-19 17:12:46

Ill get flamed for this but I’d approach a no win no fee lawyer.
Make it financial and they will pay attention to making it safe for others. You also have losses to consider.
Bear in mind you will lose most of your compensation to the lawyer though abd it may take literally years to get a settlement

SockQueen Tue 26-Feb-19 17:15:34

Sounds like a "toddler fracture," a spiral fracture of the tibia (shin bone) which can happen with relatively little force. Having a foot stuck and then falling or twisting on it sounds exactly like how they usually happen, so while obviously traumatic for the OP and her DS, it's not a very unusual injury. The questions I'd be concerned about are whether the netting is of appropriate size for the designated ages, and why the accident was not properly reported.

Mummy1111 Tue 26-Feb-19 17:18:41

Yes for a staff member to tell me when i went right over his feet had caught in net and she got him out (he wasnt upset at this point), he then started screaming and within secs i was there and he was with the staff member. Then by time they got over to me when i took him down she then said she was unsure when i asked???so yes i find this very strange. To also confirm the netting ia the same size width all way over the area so even if he was at the bottom or any part of it so being up the top part which was for his age and ability then i dont see how injuries like this could be acceptable???

Fiveredbricks Tue 26-Feb-19 17:21:18

The HSE.

But also why was your 2yr old unsupervised in a softplay?

Bugsymalonemumof2 Tue 26-Feb-19 17:22:41

It sounds like it was just a freak accident, they happen. Why do people always want someone to blame for these things?

They should have recorded it better and have a better procedure BUT it doesn't mean the accident was at all their fault

Newadventure Tue 26-Feb-19 17:22:47

Sorry, did you say the staff member said she tried to pull him out and he got scared??
So when she pulled him he then screamed?
Sorry but it sounds to me like she injured him (By accident), I can't see how he could have done that to himself.

Odd to me that she was there in the first place tbh. Any soft play I've ever been to there's never any staff members in the play area.
I'm not saying she was there for any other sinister reason but it just seems odd.
I think it's 100% been an accident, that she has caused.
Would explain why it's not getting dealt with properly now too.

SinkGirl Tue 26-Feb-19 17:23:39

OP said before - the area is for 2 up and states no parents allowed in the area

oilLovesChuck Tue 26-Feb-19 17:24:53

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Mummy1111 Tue 26-Feb-19 17:28:21

This is exactly my issue, i dont for any second think anyone maliciously done anything to my son, however i am not happy with being told one thing then after trying to backtrack, also the way it was handled. I feel the worst mummy not being able to exactly say what happened to my 2year old baby.i wasnt letting my kids run crazy and not knowing where they were i seen them both few mins before this as they had a drink of juice. Its a very small enclosed softplay was very quiet and not like usual busy softplays we go to. The area is the only thing thats in it other than a soft pit for babies under 12months. No adults were to go on the equipment and there were staff sitting up there in and throughout the area. Yeah also the loss of earnings is an issue, however not my PRIORITY this has happened now and i want to atleast know how he sustained it. sad

oilLovesChuck Tue 26-Feb-19 17:33:26

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Newadventure Tue 26-Feb-19 17:33:47

No I don't think it was malicious either.. but I do think she did it. He only started crying once she tried to pull him out. She said so herself. His foot was caught and she's pulled him out with his foot still trapped and injured his leg.
Now they're back tracking.
I'm not sure how you'd ever prove it though.
Poor lad, and you! (And the girl really, I doubt she did it on perpose, i really do)

PippilottaLongstocking Tue 26-Feb-19 17:35:18

My son got injured in a small independent shop recently, one of the people working there helped us and asked me to fill in an accident form with name/address/description of injury. If a shop has these policies then a softplay where people are much more likely to get injured definitely should!

NicoAndTheNiners Tue 26-Feb-19 17:38:41

I agree it sounds more like the staff member may have caused the injury from what you say, obviously an accident but not very good. She may just have tugged at him and caused his foot to twist further but dunno how you could prove that.

Mummy1111 Tue 26-Feb-19 17:42:10

Just have to wait and see what the fracture clinic say tomorrow and also once i hear back from health and safety officer. Thanks for all information and advice.

OutInTheCountry Tue 26-Feb-19 17:42:28

It's my understanding that as an employer you have provide adequate first aiders for staff but not for the general public. If you want to discuss it and clarify the position then contact the environmental health team at your local council. ROSPA also have a website that will have some information. I run a venue and have first aiders for staff and the public, we keep full records of any incidents which is best practice but I don't think it's a legal requirement.

GrandmaSharksDentures Tue 26-Feb-19 17:42:35

I would guess that the child has sustained a spiral fracture from getting the leg caught in the netting & then either falling or trying to pull the leg out. Toddlers can break their legs just by walking - "Toddlers' Fracture is a real thing. Sounds plausible enough to me

Laiste Tue 26-Feb-19 17:51:20

My SIL split her shin bone from stepping awkwardly into a pot hole when she got out of her car. She didn't even fall over! Ow!

Freak accidents can occur. Toddlers bones are delicate.

YepImafraidIchangeditagain Tue 26-Feb-19 17:51:57

Without outing myself....this is my area, so...

This incident is a RIDDOR and must be reported by the soft play itself to the H&S authority.

They should have filled in an accident form, taken details from you and taken photos of the area that it happened.
It is also good practice to follow up after 24 and 48 hours and take note of this.
All staff present should give a statement. This is done internally.

Contact the management or owner immediately, ask for their most recent ROSPA report and enquire as to when you expect to hear from the H&S team.

They will be in huge trouble for not following procedure properly.

mangolover Tue 26-Feb-19 17:57:57

Unpopular opinion 👋 but why were you not supervising your child?

Yes it is awful they haven't contacted you to fill out an accident form or handled it properly. Yes that's a health and safety matter.

But it's a bit bloody cheeky complaining when you couldn't be bothered to supervise him yourself in the first place isn't it? It's not the staffs job to inform you of what happened!

Most soft plays have separate areas for under 3s and most parents wouldn't ever leave an under 3 without supervising them as they go.

I have a disability and a 3 & 5 year old. We don't get to soft play very often because either my partner has to be with us or it has to be on a day I know I can crawl around with them which is very rare. I'd never not watch them though!

I'm flabbergasted you could complain on those grounds yet your child wasn't important enough to actually supervise at the time. What if he had injured another child? What if the damage had been worse? My child got concussed at soft play and needed a CT scan, and that was all witnessed. We could explain what had happened to the many doctors that saw him in A&E.

Beggars belief

mum11970 Tue 26-Feb-19 18:01:04

My friend’s 3 year old son managed to break his arm at my son’s first birthday at a local leisure centre. It was just a bouncy castle, foam cubes and mats. These things happen, none of us ever worked how he managed it. Accidents happen when kids play, the staff member probably has no more idea than you how it happened. Speculating that the staff member did it helping your son is awful, the injury may not of hurt straight away for many reasons. People these days always seem to be looking for someone to blame.

NicoAndTheNiners Tue 26-Feb-19 18:17:12

Unpopular opinion 👋 but why were you not supervising your child?

Some people need to read the OPs posts, especially the one about the sign saying no adults allowed in the soft play area. And that the sign said the area was for age 2yo and up. So OP adhered to the rules and perfectly correctly assumed it was safe for small kids.

SinkGirl Tue 26-Feb-19 18:42:01

Why do people not read - it’s infuriating! Not only did OP explain but multiple people have asked and been answered.

I am shocked at some of the responses - this little one has had a very nasty and very painful injury. The company can’t / won’t tell her what happened, and they haven’t followed safety procedures. The child can’t go to nursery; the parent has loss of earnings and the parent was following the rules set out by the business. Accidents do happen but she doesn’t even know what happened.

She’s lucky that, with a serious injury and not being able to explain how it happened, the hospital didn’t call social services - I’ve known this happen to two people when they didn’t see exactly what happened when their child was injured.

BlueEyedPersephone Tue 26-Feb-19 19:04:15

I would report to local council as a riddor, and in addition contact a solicitor as they did not follow procedure and another child could get injured, you are also going to incur cost as time off work etc. Even if they state at own risk, it still has to be safe.

SinkGirl Tue 26-Feb-19 19:08:17

Was it netting you’re supposed to climb, or the stuff round the edges that acts as an enclosure? If it’s the latter the holes really shouldn’t be big enough to get their foot through, and stuff to climb generally has quite big gaps.

gottastopeatingchocolate Tue 26-Feb-19 19:12:24

@mangolover - OP said on page 2

I phoned today and was told there was no form they had no details of his name or the incident etc. Within half an hour my partner received a call to his phone (number he gave as he left)"from the manager who was on that day and spoke to us. She said her staff hadnt followed the procedure if we could get in to fill in accident form etc anytime now and that there must have been a language barrier and communication problem with girl who told us what happened etc

They clearly know that they did not follow the correct procedure and have tried to rectify this.

I would hope that in addition to the accident forms, that they would review their equipment for safety.

But, like others, I am not sure what you are hoping for, OP.

mangolover Tue 26-Feb-19 19:55:36

I don't think it really matters what the signage says.

Common sense tells you if you have a two year old you don't leave them unsupervised in places like this.

It's still you that has parental responsibility for the child and you that has to explain how they were injured to a doctor and why you weren't watching.

The signage is a silly excuse in my opinion. And an easy way for lazy parents to justify not watching their kids.

Realistically it's you that has parental responsibility for your child. If you were not supervising your 2 year old, who did you think was? Who did you think was checking he wasn't hurting himself? Or other children? Or being hurt by other children? Because unless you thought this was some kind of crèche situation where staff were responsible for supervising your child, then you knew full well he was unsupervised. And sign or no sign, anybody with common sense would have gone in with a child of that age.

Sorry if that goes against the grain but I genuinely don't know anybody that would send a 2 year old alone into soft play, and then be silly enough to complain the staff couldn't explain what had happened.

But good luck with your compo claim. Hopefully you won't have to explain that part 🤷‍♀️

SoupDragon Tue 26-Feb-19 20:00:32

I genuinely don't know anybody that would send a 2 year old alone into soft play

You don't know anyone who would send their 2 year old into an age appropriate play area? Do you only know helicopter parents?

elizalovelace Tue 26-Feb-19 20:13:53

Completely agree with Mangolover. You keep saying yourself he is just a baby, only 2 so why you were not watching him closely is a mystery to me.

mangolover Tue 26-Feb-19 20:29:48

@SoupDragon I know plenty of people who would send their children into age appropriate play areas.
*
At 2 years old, it isn't "age appropriate" to not supervise your child, regardless of what a random soft play sign might imply.*

So yes I stand by my point. If she knew her 2 year old was in there alone, was she choosing to leave him unsupervised or did she think it was somebody else's responsibility?

Either way I think the blame lies with the parent. Because that's the point of parental responsibility. You have to actually be responsible for them.

hotcrossbun83 Tue 26-Feb-19 20:31:05

My son got a spiral fracture going down a totally average slide - his boot sole slowed down his leg and it twisted. I was standing at the bottom and saw it happen, you would never have believed that it could cause an injury like that. When you see the consultant they will ask you about how it happened, after our app I was copied into a letter to our gp stating he believed that it wasn’t a NAI - when I googled that I found out it meant non accidental injury. I wonder what they will report about this?

The good news is that they heal super fast at that age and he will probably be able to go back to nursery once the hard cast is on - mine missed about 10 days and then was able to go back, they used a buggy to take him to the garden and he scooted about on his bum

AlexaAmbidextra Tue 26-Feb-19 20:42:00

I think it's 100% been an accident, that she has caused.

Ffs. How on earth can you come to this conclusion? We could do away with the entire jury system with you on board.

NoAngel1 Tue 26-Feb-19 20:57:19

The comments about the OP not supervising her child are disgusting. She clearly says he was in an age appropriate area, adults weren’t allowed in and she was at his side immediately. I have literally never seen every single child have an adult attached to them in a soft play. So many perfect parents exist only on the internet.
Stop blaming the OP and assuming she was in some way not supervising her child. Do you all sit and stare at your children whilst they sleep also?

macblank Tue 26-Feb-19 21:00:09

First port of contact is whoever owns the softplay.

If not happy with that, then health n safety. Should be available via gov.uk

mangolover Tue 26-Feb-19 21:22:54

@NoAngel1 please do explain to me how it is age appropriate for a 2 year old to be left unsupervised?

I don't think anybody here has suggested that every single child should have adult supervision in soft play, but I don't know anybody who would not supervise a 2 year old.

Nobody is making assumptions. Op admitted she wasn't supervising her 2yo. All I asked was if she chose to leave him unsupervised or if it was a crèche set up where another adult was supervising him on her behalf.

NoAngel1 Tue 26-Feb-19 21:31:41

I have indirectly supervised my child before. They are playing and I’m not hovering over them. They’ve gone up the slide and I’ve waited at the bottom. They’ve crawled through a tunnel and I’ve watched without peering through or standing over it. They’ve climbed somewhere and I’ve waited at the bottom and waved when they’ve reached the top. That’s all fairly indirect; my eyes weren’t on them the entire time. All things I’ve seen other parents do too.
I don’t think I’d walk off whilst my 2 year old was at soft play but I might not be rushing around after them either.

AmIRightOrAMeringue Tue 26-Feb-19 21:45:41

I think you're getting some bad advice here OP

Yes accidents happen but any bad accident does need to be investigated to make sure it doesn't happen again! If your son was in an area meant for his age group then there may be something wrong with the equipment or the age marking

There may be signs saying play at your own risk however this will not stand up in court - companies or anyone can not legally sign away their responsibilities if negligence has led to injury of another person

Likewise there may be signs saying you should supervise however again this does not mean that they could use this to get out of the responsibilities for their equipment to be free from defect and appropriate for age

The accident book is a bit of a red herring as this is more an internal procedures things for them - having an accident book filled in correctly and quickly doesn't prevent accidents (unless you implement changes from previous accidents) and doesn't prevent the member of staff who may have hurt your son from lying about it. It does make investigations easier though

Their priority should be figuring out what happened, and making sure the equipment is safe and appropriate for the age it's signposted for. While they investigate they should make sure that the area is or was closed off so it doesn't happen again so they can prove it's safe

There is a higher duty of care towards children than adults so you may be able to claim compensation based on the injury alone as evidence of negligence as it's not a simple fall or knock - quite simply it shouldn't have happened unless your son was acting recklessly (eg climbing unspervused in an area he wasn't supposed to be in). I'd approach a solicitor sooner rather than later so they can begin investigations

AmIRightOrAMeringue Tue 26-Feb-19 21:53:33

Also regarding the supervision - they would take into account accepted practice. So if most people at soft play keep an eye on their kids from a central seating area and staff are aware and effectively OK this, then this is accepted practice. Obviously you do have a responsibility towards your own child but that does not mean it is your fault if equipment breaks or a staff member reaches him first and makes an injury worse. If there is a possibility that they think your lack of direct supervision was a contributing factor then they take that into account in deciding the amount of any compensation usually

CluedoAddict Tue 26-Feb-19 22:14:37

They should have followed the correct procedures. However it does sound like a freak accident. It sounds like his leg was caught so he twisted it.

At that age though I always watched mine like a hawk. It takes seconds for something to happen.

SinkGirl Tue 26-Feb-19 22:22:57

And sign or no sign, anybody with common sense would have gone in with a child of that age.

Even if the signage said you couldn’t go in? If there was a sign that said I couldn’t go in, I wouldn’t - but I’d be very uncomfortable with it and wouldn’t go back there. I’m that Mum that’s crawling through the tiny tunnel behind them to make sure they don’t hurt themselves but then my two have ASD. I have plenty of Mum friends with toddlers the same age who let them go into soft play areas alone and watch them from nearby.

Comefromaway Tue 26-Feb-19 22:29:16

It was all above board. It was dated with the day of accident and day signed.

You don’t actually have to sign it although it’s good practice for you to confirm the account is correct. In the case of serious injury the injured person isn’t always in a position to sign.

Sassenach85 Tue 26-Feb-19 22:38:13

I'm surprised so many people would leave their 2 year old alone because of a laminated sign telling them to .... I found that age exhausting as my DD was so clumsy and accident prone. If I found a soft play where I was told to walk off and leave her in any area I would ignore it or leave.

Regardless though, the accident was not handled correctly by the staff and it's clear op is a caring and concerned mum. I'm sure heading straight to hosp was the best decision. I hope your wee boy heals quickly op

crispysausagerolls Wed 27-Feb-19 08:23:05

mangolover

Completely agree with you

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