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Legal matters

Ds injured in after school extra curricular club, where do we stand?

28 replies

Hoolit · 28/11/2015 23:40

Hi,

DS14 has recently signed up to an after school extra curricular activity (I believe this is provided by an external company on the school grounds).
Whilst taking part he has been injured by another child. He was hurt and sat out for the last 10mins of the class before walking home.
He was clearly hurt when he got in but said he'd be fine and we would go to the doctor in the morning.
We discussed what happened whilst treating his injury with painkillers and ice and I'm not sure the kids had the right equipment/protection for the activity hence the injury.
I did not hear from the school to say he was hurt etc and it's not clear from ds if they've just taken his word he's ok and let him walk home but he was clearly in pain.

I took him to the doc the following morning as he was no better and he ended up in hospital having surgery that night to repair the damage. The prognosis being its likely not to work but we won't be certain for 6 months and that's if there is no issues beforehand which we have been advised could happen. He will then require further surgery.

I called the school the day after his surgery just to advise that he would not be in and briefly explained what had happened and they said they would talk to the external company. I feel like I should be taking this further as I don't really understand what has happened and how and if it was preventable and they had taken the appropriate action or supervised the activity properly? It does sound like an accident but had he been wearing protection this would not have happened.
Do you think I should approach the school again? I've only spoken to the office staff or the company providing the activity? Plus I only called on Friday so I may be jumping the gun!

Any guidance appreciated.

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namechangedtoday15 · 28/11/2015 23:49

Well at 14 I'd expect DS to be wearing protective equipment if it was required. Presumably you knew what activity he was doing and whether there was a risk involved and told DS to wear the protection or if it wasn't available, not to take part? The school / 3rd party provider should have insurance though should you consider bringing a claim.

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Wolfiefan · 28/11/2015 23:50

Why aren't you waiting to hear back from the school about what happened?

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Hoolit · 29/11/2015 00:26

The class was not full contact which I would expect but I had not given protection a thought. I would expect equipment to be provided unless stated otherwise, but I had not spoken to ds about this beforehand.

Wolfie I was waiting but I called at 8.30am on Friday and kind of expected even a courtesy call back to say it had been brought to the attention of the year head etc but that's part of what I'm asking, I did say maybe I'm jumping the gun.

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Sallyhasleftthebuilding · 29/11/2015 00:30

You need to speak to your insurers if you have legal cover. I wouls sue the external company. Disgusting. Not even a HOY curtesy call?

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Tiggeryoubastard · 29/11/2015 00:34

I'm sure you will get all sorts of answers, especially the idiots that say immediately that it's wrong. But realistically nobody here can advise on the information you've given.

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Hoolit · 29/11/2015 00:35

Thanks, our insurers is a good idea for a place to start. No we've heard nothing from the school.

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AuntieStella · 29/11/2015 08:54

Hope your DS is on the mend, and that he defies current expectations to make a full recovery.

I'm not surprised you've not heard from the school. They hired their premises to an external provider for an extra-curricular (not co-curricular) activity. It's nothing to do with them. (Though of course I'd expect classmates and maybe form teacher to be in touch during any lengthy absence).

We're there any first aiders on sire. Though if a 14 year old insisted he was fine, then it's reasonable to let him go at the end of the activity.

Do you still have the bumf from when you signed up and paid? What does it say about protective equipment? Or anything on providers website?

It'll make quite a difference to whether you have a case at all if they have failed in a 'no kit no play' policy, or if they stated in the T&Cs that protection is advisable, but for families to decide and send participants with it.

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titchy · 29/11/2015 11:12

What Stella said. It's the club you need to speak to, nothing to do with the school.

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JumpandScore · 29/11/2015 11:20

I think it is to do with the school actually, presumably he was only at the club because it was "offered" by the school, even if they contracted out the provision. I know our head would have been making calls to reassure parents and find out exactly what happened straightaway.

I'm not sure you could have expected more from any of them at the time though, you didn't decide he needed medical attention until the following day.

As for lack of protection etc, I don't think anyone here can comment without knowing what happened, what was missing and what the norm is for this sport

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LIZS · 29/11/2015 11:32

I'm a bit confused. Was he injured by another child or was the injury a hazard of the sport? If it were such as required emergency surgery I'm surprised it wasn't worthy of immediate treatment when it happened and that he could walk home. Either way it is the responsibility of the activity supervisor not school. Did you sign waiver forms when he signed up?

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GinandJag · 29/11/2015 11:35

What was the sport and what was the injury?

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pinkbraces · 29/11/2015 11:38

Im not sure I fully understand.

Your 14 yr old DS was hurt whilst doing some kind of sporting activity after school and the first thing you think about is who to sue?

You do know that kids sometimes get hurt whilst doing activities, put some ice on, take a painkiller or go to GP.

Do you really want to live in a world that the first call after an injury is to a solicitor? I know I dont!

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DoreenLethal · 29/11/2015 11:42

What actually happened? Until you tell us nobody can say whether the company were at fault or not.

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GloriaHotcakes · 29/11/2015 11:49

This reply has been deleted

Message withdrawn at poster's request.

RB68 · 29/11/2015 11:55

Given that he has sustained a nasty injury requiring surgery that they are saying is unlikely to work and she believes that there was negligence on the part of the coaching team, having sorted out the injury and informed the school I don't believe she is being unreasonable to try and establish who held what responsibility, who she should be talking to and whose insurance needs to be applied to.

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RB68 · 29/11/2015 11:56

The point is she is not sure what happened so she needs to know who to speak to to get that established, particularly with regard to safety equipment

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Floggingmolly · 29/11/2015 12:15

How exactly was he hurt by another child? If it's a case of just being tripped up accidentally, or two kids running into each other at speed and knocking each other over then it's not anybody's fault, is it?
These things can happen just running around the playground at break time kicking a ball around; the fact that it was an organised sport is probably irrelevant.
Sometimes there really is no one to blame, you know?
I wonder why your ds claimed he was fine and insisted on walking home by himself after what sounds like a major injury, though? They're probably wondering the same thing...

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Hoolit · 29/11/2015 13:48

Thanks for replies.

I didn't want to say what activity and injury as my question really was about responsibility and safety and that is what I mentioned to the school when I called. To sue never entered my head but it was mentioned to me but first and foremost I want to know exactly what happened.

I think it's fair to want to know the circumstances etc and once we know all the information and see how he heals then we can decide how we want to progress. As it stands I just want answers.

The class was muay thai and I did not sign anything other than to say he could attend and I had paid. He was kneed in the groin but another child, it was meant to be no contact as it's a training practice session to learn techniques not sparring.

When I say walked he looked like he'd got off a horse! But he is one for saying he's ok, and I mentioned going to a walk in centre which he didn't want to do but agreed to go in the morning if no better. As I said in the op we treated with ice and painkillers.

Hopefully I've addressed all questions but I think I will go through the school on this but I think both parties need to be aware.

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LIZS · 29/11/2015 13:53

If it was no contact and that was made clear the participants I think you need to speak to the organiser yourself and make a complaint about the child's behaviour. At very least he should be disciplined. At that age they know the risks and consequences of not following rules in sport.

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SoupDragon · 29/11/2015 13:53

Ouch!

If it was meant to be no contact, then I wouldn't be surprised at there not being any protective gear. Is some kind of groin protector usual in this activity?

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Hoolit · 29/11/2015 14:01

Yes usually they wear foot pads and gloves for themselves and opponent and a box but these have not been available in the class I think as they were not sparring etc

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AuntieStella · 29/11/2015 14:04

I've had DC do some martial arts, but not this one.

Is there a sport governing body for the UK? And is the provider a registered club?

I think it's (partly) the school's problem if they did not take reasonable steps to ensure that the provider was suitable. But for the real answers, then I'd be looking to the club (and its governing body if necessary) for answers.

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vestandknickers · 29/11/2015 14:09

Does sound as if the other child should be disciplined and possibly excluded from this club, but I'm not sure how that club or the school could be held accountable. It sounds like the very unfortunate outcome of a moment's silliness by another child. It is probably a good idea to let them know exactly what has happened in case they want to review their practice, but I wouldn't expect anything else. These things happen.
I hope you DS is feeling better soon.

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Hoolit · 29/11/2015 14:35

It sounds like the very unfortunate outcome of a moment's silliness by another child. It is probably a good idea to let them know exactly what has happened in case they want to review their practice

Yes I agree with this but I don't think the child in question was messing about but that's what I want to know, was it a misplaced blow etc? This was only the second week, should they have been doing what they were doing so early on?

He's more comfortable today thank you.

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ottothedog · 29/11/2015 14:49

Are you sure a box is normal in these muay thai sessions? If its not sparring then its probably using a pad held in front of the body. If he wasnt holding tight enough or the pad slipped, i can see this happening. What does your ds say was the situation?
It is a sport with some risk of injury even when not sparring (like many sports).

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