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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Help please!!

55 replies

Superfizz · 22/01/2017 11:05

My child broke an arm at nursery and clearly I don't want him to go back - it was negligence on his key workers part completely!
They want 4 weeks paid notice! Surely as it was their fault i don't have to? Where do I stand?

Thank you!

OP posts:

Heirhelp · 22/01/2017 11:07

Have they admitted negligence?

Bluntness100 · 22/01/2017 11:07

I think you need to give more information, how was it their fault he broke his arm? How were they negligent?

Allthewaves · 22/01/2017 11:08

Have nursery admitted negligence?

Catherinebee85 · 22/01/2017 11:12

How was it their fault? What would have 100% guaranteed it not to happen?
Need more info to advise x

BitchPeas · 22/01/2017 11:12

Do you think it was negligence or did they admit that? What actually happened?

Maudlinmaud · 22/01/2017 11:13

More info please

foxyloxy78 · 22/01/2017 11:51

They would never admit negligence at fear of being sued. How did the accident happen? Do they have CCTV and could you demand to look at it?

RacoonBandit · 22/01/2017 11:58

You can refuse to pay but they could take you to small claims.
Do you have evidence/proof it was the keyworkers fault?

Costacoffeeplease · 22/01/2017 12:00

What happened?

SWOTAnalysis · 22/01/2017 12:15

Something smells fishy.

On what are you basing it was negligence. They certainly won't have admitted it, as others said, without talking to lawyers, incurance companies etc.

GinIsIn · 22/01/2017 12:22

I appreciate you are probably shaken up but children have accidents all the time - was it actually negligence? Have you any evidence of this?

WellErrr · 22/01/2017 12:24

More info needed!

NormaSmuff · 22/01/2017 12:25

are you sure he shouldnt go back? assuming he fell from a height or something. if he fell from a height at school would you change schools?

Yukbuck · 22/01/2017 12:28

Please can you give more info? I doubt the nursery have admitted it was their fault because if they did then you wouldn't be made to pay. I'm imagining that you think it's their fault and have therefore pulled him out immediately and as per contract, you are to pay notice period. Although do correct me if I'm wrong .

Original poster

Superfizz · 22/01/2017 13:01

They have admitted that they were with another child and not keeping an eye on him at the time!

OP posts:

GinIsIn · 22/01/2017 13:04

That's still not much info to go on - what is the ratio of staff to children, were they still in the same room as him, how did he sustain the injury?

witsender · 22/01/2017 13:05

They won't always be watching though, unless they have 1-1. How did the accident happen? That's the key bit.

Catherinebee85 · 22/01/2017 13:07

Unless your nursery is 1:1 support and bearing in mind we still don't fully have the details I would say that accidents happen.

Did he fall from a height? How would the situation have been different had the staff been right there? Is there no way he could have broken a bone even if he was with you?

blueskyinmarch · 22/01/2017 13:12

The staff can’t watch every child every minute they are in nursery and accidents can, and do, happen. It sounds like you are choosing to remove your DC so you are able to pay any notice required.

WellErrr · 22/01/2017 13:13

Yes but how did it happen?

Eg, if they weren't watching him and he tripped and fell on it awkwardly, shit happens.
If they weren't watching him and he had time to climb up a bookshelf and swing from the light fitting, slightly different.

Allthebestnamesareused · 22/01/2017 14:01

If you really don't want him to go back (and obviously nobody can make you take him) suggest to them that as a gesture of goodwill to you and your child they could in this instance waive the requirement that you pay 4 weeks' notice.

It could of course be mentioned if they were willing to do this then you would not take the matter any further eg. with authorities, lawyers etc (assuming you are not going to do this). It may be persuasive in them letting it go.

As others have said not all accidents are automatically due to negligence. However, some are. Have they given you a copy of what they have put in their accident book and explained the circumstances fully. How old is your child? Is he able to articulate what happened? For example, a pre-schooler may be able to tell you more than say an 18 month old.

It must be very distressing for you and I hope he gets well soon.

Original poster

Superfizz · 22/01/2017 15:50

He is 16 months old and climbed onto a chair which then toppled and he fell badly, so he's still only a baby! I'm sorry to drip feed I was just in shock that they didn't see him or think maybe I should put him somewhere more suitable.

OP posts:

RacoonBandit · 22/01/2017 15:56

As in an adult char ir a child sized chair?

Thing is toddlers toddle and fall over a lot. It could have easily happened in your care.
Are nearly 2 year olds still babies?

Original poster

Superfizz · 22/01/2017 16:02

Adult chair! I know he could of done it in my care, but i always keep an eye on him.
And yes, I think they are!
God if I knew I was going to get backlash from this I wouldn't of posted, my little one has broken his arm and was in horrendous pain whilst I had to hold him down for an X-ray, I'm traumatised just seeing him like it. I feel that surely there should of been SOMEONE keeping an eye on him. But clearly I'm wrong and I shouldn't be paying people in a nursery and actually thinking they should look after my child whilst I'm not there

OP posts:

RacoonBandit · 22/01/2017 16:06

Calm down fgs.

I am sorry your ds was hurt. Don't send him back and don't pay but accept they may take you to the small claims court.
How the hell are you going to cope when he's at school falling over and bumping himself most days

If he was somewhere he should not have been then they were neglectful. If it was a split second thing and unless you pay for 1- then it was an accident.

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