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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:
WorraLiberty · 14/05/2012 15:55

I can't understand why you'd keep a child off for two weeks with a bump that wasn't even bad enough for them to send him home.

Unless perhaps you think it would make any claim 'look better'? Hmm

manicbmc · 14/05/2012 15:56

None of those incidents sound out of the ordinary. He will still get bumps and bruises at his new school.

squeakytoy · 14/05/2012 15:57

Sounds like you have a clumsy child really, which is quite normal, and not something you can sue anyone for.

bochead · 14/05/2012 16:00

Complain to Ofstead and stop leaving your young child in a place where you know he isn't being cared for properly (yes I'm aware this will have financial implications etc!)

DreamingofSummer · 14/05/2012 16:01

OP you sound like a precious arse. You don't know what you want but you are taking "legal action."

Sounds like you want either money or a sacking to show how important you are

WorraLiberty · 14/05/2012 16:01

I wonder if I should have sued my Dad when he built me a go-kart out of some old pram wheels and a piece of wood?

I shot down the hill in the park and landed in a thorny rose bush Grin

Actually I might be able to sue the park keeper/gardener for planing something so dangerous....

BehindLockNumberNine · 14/05/2012 16:03

None of the incidences sound out of the ordinary. What would you like nursery to become -a padded cell??
The tape around the rope sounds like a red herring, it would have been there to stop it from fraying further, NOT to stop pupils playing on it. Trust me, if it was unsafe it would have been removed, H&S is strictly adhered to.
So your ds fell of the climbing frame because he is a small child, NOT because it had tape around the rope Hmm
The thumb thing - well if he is daft enough to put his finger in a door lock plate Hmm
The being pushed of the scooter thing - these things happen, staff should have noticed the scratch on his cheek though.
The cutting of the finger - if the blood was smeared and dried (ie it was seen after it had dried which means he had not kicked up a fuss at the time) then it can look like red felt tip....and if your ds had not made a fuss or was crying then it was perhaps not bothering him so they did not look at what it was...
He tripped and hit his head on a wooden planter - a 2 ft high wooden planter. It could have been a chair, table edge, scooter, easel, train table, book shelft, anything. Would you like all these removed in case your ds trips over his own feet and falls into them?

Sorry, you have an accidentprone ds. Taking legal action would be absurd and you would not have a leg to stand on.

Original poster
SingleNow · 14/05/2012 16:05

Worra, he had a very nasty bump which went from the hairline to the bridge of his nose. It was also very bruised and tender.

OP posts:
MissFaversham · 14/05/2012 16:07

OP my ds went over on the side of his foot in the playground a few months ago due to a bit of a dip in the tarmac and broke a bone. I didn't for one minute think it necessary to take the school to court. These things happen and this compensation culture which is springing up everywhere is ridiculous.

As for two weeks off for a bump on the head Confused

You either sound very overprotective or are after a buck.

WorraLiberty · 14/05/2012 16:10

Fair enough it was bruised and tender but two weeks off nursery?

I'm amazed he managed to get through the nursery session without being sent home.

cantspel · 14/05/2012 16:12

2 weeks off for a bump and bruise is somewhat overprotective.

When my son was 6 he fell off a balancing bar in the school playground and broke his elbow. This happened on the tuesday. He was operated on for it on the thursday and out of hospital on the friday. He went back to school on the monday with his sleeve cut of his jumper to make room for the plaster that went from his finger to the top of his arm.

He loved all the extra attention and had no need to be at home. Kids dont need wrapping in cotton wool and will take the lead from their mum as to how much fuss they make.

Original poster
SingleNow · 14/05/2012 16:13

The point is the school are not informing parents not just me.

He put his thumb in the door lock plate in the door frame as he walked past it should NOT have been sharp enough to slice a part off his thumb. That's where my concern is.
He is no more accident prone than any other child. There are many pupils who have had accidents whose parents haven't been informed.
I am meeting with the head teacher on Thursday and will decide which course of action to take after that.

Yes I am considering legal action as there is a lack of care there hence why he is not going back to that nursery.

OP posts:
YourFanjoIsNotAHandbag · 14/05/2012 16:15

My ds2 tripped and fell into a brick wall when he was 4 he knocked out a tooth and had a huge bump on his head....he was back at school the next day and I didn't sue anyone.

The accidents will carry on at school, you must know that?
He will still fall, be pushed, trip etc, that's just the way it goes isn't it?

My dd 14 broke her arm at school and ds2 has had 2 sprained ankles and a broken wrist from football.

Unless you want your DS to sit indoors at playtime under constant supervision, accidents will happen.

I could repaper my walls with the amount of accident slips mine have bought home

Original poster
SingleNow · 14/05/2012 16:15

I have been associated with the school for 30 yrs and am far from after a quick buck!!!!

I want the equipment to be safe, the children to be properly cared for etc. if after the meeting with the head I am satisfied I won't take it further I am considering it due to the lack of care and knowledge of how kids are getting hurt. As I said its not just ds2.

OP posts:
WorraLiberty · 14/05/2012 16:15

Sorry but you'll be laughed out of court I imagine

Not that it'd get anywhere near a court.

LA's are sadly used to 1000s of parents trying it on so they'll be more than ready for you, along with their legal team.

cantspel · 14/05/2012 16:16

You better look into home educating as the older they get the more knocks they tend to get and you better play your son isn't sporty as that will add to the risk.

YourFanjoIsNotAHandbag · 14/05/2012 16:17

Lack of care?
The child to adults ratios are correct, your son cut his thumb and you are going to take which legal action exactly?

I think it's a bit OTT, you sound a bit precious.

BettySwollocksandaCrustyRack · 14/05/2012 16:18

See, this is why all our insurance premiums are so bloody high.......all these no win no fee things are just ridiculous.

In my rented bungalow my stupid tennant put his hand through the door and then tried to sue me for it...needless to say he didnt win but i cant believe they even took the case on. It was under some clause that I, as LL, failed to warn him of the dangers of putting his hand through a glass door!!!

What happened to an accident being......well, just a bloody accident!

Original poster
SingleNow · 14/05/2012 16:18

I have NEVER had an accident letter, slip, report I have NEVER been asked to sign the accident book either.

This is a nursery within a school, not an independent nursery, I don't know if it works differently with an independent one I just know I have never had an accident report even offered to me until Thursday.

OP posts:
manicbmc · 14/05/2012 16:18

I can't see a solicitor taking on your case. Us lot have pretty unanimously said you ABU but you will pursue it anyway.

Why bother to ask? Hmm

WorraLiberty · 14/05/2012 16:20

Lol and you want to sue because you've never had an accident report?

Really??

You can always phone OFSTED you know

You won't get any money out of them mind....

MissFaversham · 14/05/2012 16:20

But OP what YOU described in your opening argument just didn't stand up. Don't know why you even came on here really as you seem pretty set in what you wish to do Grin

2shoes · 14/05/2012 16:21

if there is a lack of care, why do you leave him there?

Original poster
SingleNow · 14/05/2012 16:22

I am not trying it on. This is not a small cut it is a chunk sliced off his thumb by a sharp door plate. It should not have been that sharp, kids do have accidents but some are easy to prevent.

You don't leave sharp objects near small children and doors should be safe as well. As I said nobody except ds2 knew what happened and he was the one who told the head teacher when he went over to the nursery not the staff, they were still confused as to how he had done it. Blaming the playhouse - smooth edges for the injury.

I am waiting for the outcome of the meeting on Thursday before I make a final decision.

OP posts:
SardineQueen · 14/05/2012 16:22

If there is a casual attitude at the nursery to safety then of course take it up with the manager.

I don't think that legal action is the appropriate response to this at all.

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