Legal advice re daughter's nursery

[IfItsNotOK]

I would like to get legal advice about an issue that happened a few months ago but I'm really not sure where to start or what type of lawyer we need. It would have to be no win no fee I guess as we have very little money.

I had a thread at the time and a few of you may remember- I am the lady whose nursery left my 2 year old in the toilets when all the staff went home. She was there alone for 45 minutes until my partner broke in with the caretaker and found her. She is OK thank goodness, and an enquiry has been completed, and the nursery will probably be closed.

However, it has caused us serious problems- neither of us drive, I have depression and a chronic illness that makes walking difficult and painful and this was our nearest nursery by a long way. I am now having to spend money on taxis and pay our childminder to drop off as I can't manage to walk to the childminder's and back each day. It's costing £100 per month in extra transport costs that we can't afford. There is no bus service around here that could make it easier- I'd have to take 3 buses and it would take 90 minutes each way, its a 25 minute walk each way.

There is also the emotional impact. My daughter is still upset and so am I and my partner. It has caused a decline in my mental health that I am just recovering from.

We're in Merseyside, but any recommendations of lawyers would help, or just what type of lawyer we need, I don't know what category this would come under. Does it sound like we might have a case? I am so out of my depth here!

[JiltedJohnsJulie]

I would go to the Citizen's Advice Bureau and take it from there. Have you spoken to your GP about your decline since the incident and the effects your dd is suffering from?

[DollyMixture99]

I'm sorry but I really don't think you have any case from compensation at all.

You dealt with the issue of your daughter being left in the toilet and the nursery has then been closed down, you can't then try and claim compensation because you can't send your daughter to that nursery!

[Hoppinggreen]

Also, if the nursery is closed then you couldn't send your child there anyway so you would still gave to pay for taxis etc.
I'm not an expert but it doesn't sound like you have a case

[BoomBoomsCousin]

I see why the travelling expenses may not be claimable. But the impact on mental health is actionable isn't it?

[prh47bridge]

But the impact on mental health is actionable isn't it?

Probably not. People being upset is not actionable and the decline in the OP's mental health is probably too remote. And in any case, if the nursery closes who is the OP going to take action against?

[Cindy34]

Are they a big chain, or an independent? If the latter and they close, then would there be any money to pay you, if you were to get a compensation reward?

Have you spoken with the nurseries insurers? Not sure what your claim would be exactly but if anyone was to pay out, then the insurer I would have thought to be most likely.

[3littlefrogs]

I feel so sorry for you and what you have all been through was horrendous, but I think you would be better focusing your time and energy on finding a local childminder.

Is there a reason why you haven't considered that?

[saoirse31]

Cant see how you have a case tbh. Must admit id be thinking you might be better off putting it behind you and esp behind your daughtervand moving on. Id nearly thinkbitvwoukd be crazy if you got compensation in the circs you describe.

[MidniteScribbler]

So you had the nursery closed down, but now want to sue them because you now need to pay for transport? Your obsession with this is a real problem, yes it was a terrible thing to happen, but you've taken the appropriate steps, closed down the company, but you still can't let it go.

[Missunreasonable]

It's very difficult to prove lasting emotional trauma in a child from a one off incident and most lawyers wouldn't want to take the case on especially with the changes to no win no fee.
Do you think your daughter is still traumatised? Does she show symptoms of lasting emotional damage? Have you sought any medical treatment (CAMHs etc) since the incident?

If the answer to those questions is 'no' then you probably don't have much of a case. The good thing to come out of it all is that the nursery is now closed. No the same thing cannot happen to any other child.
The fact that you now have to travel to another nursery and pay £100pm is irrelevant to the argument about compensation for emotional damages. The nursery is closed.

As an aside issue: with your walking difficulties are you entitled to mobility allowance which would help with your current situation?

[Momagain1]

3littlefrogs, it sounds as if she needs a nursery for nursery/education sake, not a childminder as it doesnt sound like she is going out to work.

[ProfYaffle]

I'm a CAB advisor and agree with Chunder that the CAB can't really help. We're not legally trained and not allowed to recommend specific lawyers, we'd just point you to the law society website.

[Missunreasonable]

I see why the travelling expenses may not be claimable. But the impact on mental health is actionable isn't it?

But the OP would need to prove that she, her husband and her daughter are traumatised and have mental health issues as a direct result of this one off 45 minute incident. A good lawyer arguing against the OP would possibly present an argument to say that the mental health issues already existed and the OP is deflecting her emotions on this one off incident.

[Tauriel1]

Can't believe the nursery did that. Sorry this has happened to you but not sure you have a case.

The Courts don't punish twice, the nursery is closing as a direct outcome of their negligence. There won't be any insurance once the business ceases to operate so no money to pay out.

It is awful what happened. I work in child care and would say this nursery closing is the best outcome for everyone.

[specialsubject]

does a two year old really have this long a memory?

I appreciate how bad this was, that action should indeed have been taken, and that you have problems which mean it distresses you. But I think the child would long have moved on. It is a pity that the nursery could not be improved rather than closed.

please try to get help to move on. There's no payout coming.

[LIZS]

Sorry I don't see how you can have it both ways. Do you work , is childcare a necessity because she doesn't have to be in nursery/cm otherwise. If your illness causes problems finding somewhere further afield maybe your hv or ss could help find somewhere more local. If nursery closes then there will be demand for another childcare setting locally. Unfortunately your/dp's inability to drive isn't really anyone else's problem. I suspect any angst your dd feels may be as a result of your reaction and unless you have it medically documented there is little a court would do.

[PourquoiTuGachesTaVie]

OP I used to live near where this happened and there is lots of public transport in that area. There must be childcare closer to you than 25 minutes away (is that walking or by car? If by car then there will definitely be closer childcare options).

Would arranging different childcare not be easier and less stressful for all involved than going down the legal route?

[notapizzaeater]

Can you claim for mental trama ? I thought it had to be actual physical damage ?

[MidniteScribbler]

I think you need to accept that getting it closed was extreme enough. Spare a thought for all the other families you've managed to inconvenience who also have to travel for new care, or may have to quit their jobs if they can't find care.

[KleineDracheKokosnuss]

Spare a thought for all the other families you've managed to inconvenience who also have to travel for new care, or may have to quit their jobs if they can't find care.

Because it is so much better for the children to be left in the hands of the negligent.

Sorry OP, but I don't think you would get very far in the courts, and the litigation itself is likely to be incredibly stressful. But I do recommend seeing CAB and asking their advice.

[ThinkIveBeenHacked]

"Spare a thought for all the other families you have inconvenienced" Midnite

I agree with the opinion on this thread - theOP does not have a case to sue further, however it was the Nursery that caused this situation when they locled in a small child and left for the day - it is unforgivable and in no way the OPs fault. The nurserys negligence has inconcenienced the other parents - not the OP.