Help please!!

[Superfizz]

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!

[RacoonBandit]

1-1

[Costacoffeeplease]

It's unfortunate but a fact of life that children fall and have accidents all the time, sometimes they'll walk away and sometimes they'll hurt themselves.

It could have happened in a few seconds, and yes, could have happened at home or on play equipment at a park

[PurpleMinionMummy]

You still have to pay as it's part of your contract. You can try not paying, if they beleieve they were negligent they probably won't chase you, but I suspect they will as it sounds like an accident rather than negligence.

[Aderyn2016]

I wouldn't pay it either OP. And I'd be taking legal advice with a view to suing them for negligence.

[bellbottomedtear]

If you believe negligence I would report to ofsted. Talk to your local safeguarding team at the local authority and go from there.

[CitySnicker]

.....and when he next hurts himself when in your care? Social services?

[chickenowner]

You need to get a grip and accept that accidents happen. Even in a 1 to 1 setting children can fall over and hurt themselves.

[GinIsIn]

That really does sound like an accident rather than negligence - I'm so sorry your DS is hurt but toddlers do climb and they do fall off things. It could just as easily happened to you.

[Oysterbabe]

Since when is 16 months almost 2?

[Shenanagins]

I appreciate that you are in shock, it is awful when your lo gets hurt but really these things do happen in a split second.

Unless your lo was left unattended in a room or left in a dangerous situation then you will have a hard time proving negligence.

[RacoonBandit]

Since when is 16 months almost 2?

Well they are in to their second year so to me closer to 2 and not a baby.

[DeathStare]

I'd be cross about that too to be honest.

My DC are older than nursery age but when they were that age I never expected 1to 1 supervision at nursery. They often had minor accidents - falling over etc - and I accepted that as one of those things.

However it takes quite a while for a child of that age to climb onto an adult chair and fall off. I would expect them to be supervised well enough for that not to happen.

[Crunchymum]

I'd be very concerned if it were me.

Yes accidents happen but it's a broken arm ffs. Not a bumped head or minor scrap.

I'd send a polite and measured email stating that you are removing child with immediate effect, will not be paying another penny and will be reporting the nursery to Ofsted..... please make it clear that your report to Ofsted is due to "concerns about negligence" as opposed to actually accusing negligence iyswim! Dont make any accusations.

[TheNiffler]

16 months is closer to 1 than 2.

And I'd be furious if my 16m child had broken an arm whilst he was supposed to be in the care of someone.

[Pinkiepie1985]

Too many variables here to come to a fair conclusion. I would say things to consider here based on someone coming from a long nursery background.

The ratio for his age is 1:3 so you're right in thinking someone may not have actually had eyes on him at the exact time he fell from the chair. Might not make it best practice but it might not make it negligent either

Why on earth was there an adult chair in a babyroom, we would never have allowed this. Small chairs for children and beanbags for feeding.

I can hazard a pretty educated guess that they're not going to take you to small claims court for non payment of notice based on the fact it'll cost them the same/more than they'll recover... know this from experience.

But... you can't then take them to court over the incident because the claims may cancel each other out financially.

Change him to a childminder or nanny if you're not happy with the level of supervision because although negligence does happen. So do accidents x

[youarenotkiddingme]

I'm very much of the realistic view of you can't supervise a child at all times and accidents happen.

But this is a small child - many children this age aren't even walking. How did he have time to go to a chair and climb it and fall totally un noticed?

Plus it's very hard for children to break bones as they are so soft - so he must have fallen very hard or awkwardly.

I'd just tell them that you won't be sending him and are not paying. If they want to peruse you for the money to feel free. Tell them you'd love a full independent investigation into the circumstances involving the incident and a claim by them will initiate that.

[Izubela]

@superfizz I worked with toddlers and kids dance classes as part of school clubs.When one of the girls felt on the floor as she was fooling around I thought the mother will kill me .So if for a scratch that mother was about to have me taken off the class , I would say your in your right to decide what to do with your baby.At 16 months they know babies/toddlers can climb on stuff easily and they should always have a person watching the room.I would do the same thing if that will happen to mine.Just be smart about the situation and I'm sure you'll get out of it.Dont shout or send angry emails ;).

[Superfizz]

Thank you for the posters who actually understand my concerns! It would have taken a good few minutes for him to of climed the chair, from what I gather the little door of the sectioned off adult part was left open (it is secure so he couldn't of got out the door etc) whilst the key worker was with this other child.. I just couldn't believe it and still can't! He's still only so tiny the cast just doesn't look right on him.

[Superfizz]

*climbed

[MyWineTime]

Yes accidents happen but you make the environment as safe as it needs to be with the level of supervision in mind. They failed to do that.
I wouldn't pay and I would put in writing why you are not paying. I highly doubt they will pursue it but if they do, tell them that you will be seeking compensation through the courts.

[Bettyspants]

I would be devestated if any of mine had hurt themselves to that extent whilst at nursery. However it sounds that he has fallen from a very low height , did he land on carpet? Little children's bones are pretty soft , to get a fracture they normally fall from a height or land 'badly '. A break just from falling from a chair onto what I assume is carpet would be very bad luck. Do they have cctv? It really sounds like an incredibly unlucky accident but I would want a report on who was where the ratio of staff etc. Under the circumstances I would put it in writting suggesting the waive the fee as a goodwill gesture.

[Pippa12]

I'd be furious too poor little boy. I hope he makes a speedy recovery and you feel better soon

[Catherinebee85]

When you come on here you ask for objective views which seems to be what you've been given. Knowing more information it is clearer that it shouldn't have happened. Why not seek some legal advice about the notice period etc?