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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To take legal action against school?

194 replies

SingleNow · 14/05/2012 14:24

My 4yr old ds has had yet another accident at nursery. This time he has taken a chunk out of his thumb, it is quite bad and although it was bleeding a fair amount could not be stitched as there was nothing to stitch together.

He had just gone back to school last Monday after 2 weeks off after falling head first onto a wood flower bed and having a bump from his hair line to the bridge of his nose.

This accident/incident with his thumb I feel is one too many in a short space of time.
It was his fault partly as he put his thumb in the metal plate on the door frame and walked as he walked the plate sliced a chunk off his thumb. My point is that there shouldn't have been anything as sharp as that near 3 and 4 yr olds and also the fact that staff all say the same thing. " we don't know what happened" now whilst I agree that they cannot watch every child due to the amount of pupils (26) there are 3 members of staff and it is always the same they never know how DS gets hurt.

So I have decided to take legal action AIBU???

OP posts:
minimisschief · 14/05/2012 14:40

although i agree gates and doors should be made as safe as possible you cannot change the fact doors have frames.

SeaHouses · 14/05/2012 14:42

I don't think there is any point taking legal action. I do think the nursery should see if there is anything they can do to make the edge of the door safer.

DD got her finger trapped in the hinge of a heavy door at a swimming pool. They wrote it up as an incident, and the lifeguard insisted DD's finger wasn't broken. When we took her to A&E, it was broken.

After that, the swimming pool did then put in those plastic hinge guards on all its interior doors, so no other child should a similar accident now. It would never have occurred to me to take legal action, but I think it was really good that they themselves took appropriate safety steps. That, surely, is one of the benefits of having incident books. It allows organisations to see what they could improve on.

Popoozle · 14/05/2012 14:44

Is your DS usually accident prone or clumsy? Have possibilities such as dyspraxia or ADHD been thought about or are you just assuming that school are being negligent?

Original poster
SingleNow · 14/05/2012 14:46

There have been other incidents where he has been hurt which have not bothered me.

However he is going to be left with a dent in his thumb and a scar. It's not about money at all. He is not returning to the nursery and starts at reception in a new school in September.

With regard to the flower bed he did not trip over it it Is approx 2ft tall he hit his head on it not fell over it. The pupils were out in the rain when he slipped/tripped/fell - nobody knows.

I have an appt with the head teacher on Thursday, this is not a whim I have been associated with the school for many years.

And no this isn't my first child I have one of almost 14 as well.

OP posts:
GoPoldark · 14/05/2012 14:46

A more realistic and positive move would be to complain about the sharpness of the door jamb, and insist on a review of the room to make it safer. That way, if it is a case of things not really being safe, you may save another child an injury.

And if the staff are lax with supervision, they may sharpen up if you raise concerns (and copy in governors etc.)

Legal action is totally OTT, but I don't think anyone would argue that something that sharp is a real danger and a review may be in order. If he's lost a bit of his digit that is pretty bad.

Ragwort · 14/05/2012 14:47

If you feel that strongly that the nursery does not care enough about health and safety issues why on earth do you keep sending your DS there Hmm. Just take him out.

Total over reaction to take legal action.

Original poster
SingleNow · 14/05/2012 14:48

Pop, he is not unusually clumsy/ accident prone for a 4yr old. He has has accidents previously - tripping over etc but this is quite nasty.

OP posts:
MrsHelsBels74 · 14/05/2012 14:49

I've signed the accident book at son's nursery countless times in the year he's been there, never been called about any accidents. But he's also gone to nursery sporting black eyes he's picked up when we've been at home. Accidents happen. I wouldn't dream of suing the nursery.

Original poster
SingleNow · 14/05/2012 14:49

Rag I already said he is not going back and changes schools in September.

OP posts:
manicbmc · 14/05/2012 14:51

Well, I just reckon 2 weeks off with a bumped head is so OTT.

Kids fall over. Sometimes when they have growth spurts they become very clumsy for a while, as the rest of their body catches up and adjusts.

I really think you're going to make yourself look over protective.

SarahStratton · 14/05/2012 14:52

Blimey. Just blimey. And wow.

Sirzy · 14/05/2012 14:52

I would be pissed off if the nursery called me every time Ds had a bump, the only time they have phoned me is when he had an asthma attack and needed hospitalising.

He has had accidents, it happens. Talk of legal action is daft!

soverylucky · 14/05/2012 14:54

This reply has been deleted

Message withdrawn at poster's request.

WaftyCrank · 14/05/2012 15:00

My goodness, legal action? My DS1 is 4 and has had over 30 accident letters home since September. They're just that though, accidents, and I wouldn't dream of even complaining to the school never mind legal action.

Original poster
SingleNow · 14/05/2012 15:10

Wafty, I have never had a letter home!!!

OP posts:
Sirzy · 14/05/2012 15:16

Letters home are standard in schools, nurseries talk to the parent and get them to sign the accident book instead.

Original poster
SingleNow · 14/05/2012 15:21

Sirzy, never signed an accident book/form either.

I have spoken to the head teacher today and once again voiced my concerns. He is more than willing to meet with me and discuss the whole of the situation not just this incident. The appointment is Thursday and I am not taking any further action until after the meeting. I do feel there is more the nursery staff could do. Not just with regard to ds2 bit the other pupils as well.

OP posts:
TheHouseOnTheCorner · 14/05/2012 15:25

I wouldn't be happy about the door plate and would insist it be changed...it could have been a childs face.

NotSureICanCarryOn · 14/05/2012 15:31

Single, I think you are the one who can judge whether these incident were very serious or not.

As far as I concerned, having a door frame that is so sharp that a child can cut their finger on it easily sounds wrong to me as I am pretty sure they do need to have these 'protection systems' on doors to avoid fingers being trapped as routine.
Can not put a judgement on the head incident as you have said very little.

However, my experience is that, if you have an issue with a school, you need:

  • start first by raising the issue with the teacher
  • if you go no where, raise the issue with the head in writing
  • if you don't seem to get anywhere with the HT, then raise the concern with the governors in writing again.

The problem of saying you want to 'take legal action' is that it is way too much. You do need to start solving the problem at a lower level first as you will probably be asked first what actions have you taken to solve the problem with the school first.

FioFio · 14/05/2012 15:39

I think it depends if he has some sort of SN really and whether they are reporting the incidents properly. My daughter was pushed off a climbing frame and nobody even told me. I was absolutely livid. So to me I feel it depends how and why the incidents occured, if there is any SN, whether it is reported to you and logged, and how serious the incident is. I presume you have to contact the police if you believe it is a child protection issue

BeingFluffy · 14/05/2012 15:46

I don't think you have any grounds for legal action. They sound like fairly minor accidents despite the distress caused to your child at the time. The only thing you can do is point out to staff what happened and suggest they remedy the problem if there is one.

The infant playground at my DD's school was remodelled with expensive play equipment at great expense and a year later had to be ripped out because several children had fallen and broken their arms. None of the parents sued!

Peppin · 14/05/2012 15:47

I am not a personal injury lawyer but from what you've said, your child hasn't suffered an injury sufficiently serious to merit damages. He has not lost a finger, or the use of his finger. He has had a cut, and a bumped head.

You could go to a solicitor and try to get them to take the case on, but as personal injury work is done on conditional fee agreements, the appeal of which (to the solicitor) is the fact that they get paid more if they win, you are unlikely to find one who will take you on on that basis as the claim seems a bit lacking in merit. You could fund it yourself I suppose, though do you want to throw thousands of pounds at this on the off-chance?

It would probably be more effective to speak to the school as others have suggested and if they brush you off, maybe write to OFSTED about the sharp surface.

Accidents do happen. It isn't always someone's "fault".

VodkaJelly · 14/05/2012 15:52

YABU as in the fact that you havent given the nursery time to address your issues. I appreciate that you are speaking to the head this week but you shouldnt even be thinking of legal action until then.

Give the nursey time to do something about your concerns, not sure how you can take legal action when your concerns havent been relayed to the school - yet. At the very least the nursery should run a full risk assessment.

My son broke his collar bone after he was rugby tackled at school. I didnt consider legal action as it was an accident, they happen.

DPrince · 14/05/2012 15:52

If its not about money. What is it about? Making it safer? Better ways to do that imo.

Original poster
SingleNow · 14/05/2012 15:53

Fio, no SN at all.

Some of the incidents

1- another child cut ds hand with scissors - nursery assistants words to me were " we didn't know if it was blood or ink" personally I think you can easily tell the difference.

2- 2 children pushed him off the chariot. (like a scooter x bike) the staff knew he had cut his cheek but couldn't say how until I questioned ds in their presence and he told me.

3- The pupils were out in the playground and he fell off the climbing frame which had black and yellow tape on the rope ladder as the rope had frayed, he was not the only child on it at the time.

4- he fell against the wooden flower beds and had a bump from his hairline to the bridge of his nose, he was off for 2 weeks as there was also a lot of bruising.

5- this latest one with the door and his thumb.

All I can say is roll on September when he starts his new school.!!!!!

OP posts: