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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to instruct a lawyer

167 replies

babyno5 · 14/07/2018 00:41

Yesterday my 12 year old DS sustained a very deep and long laceration to his leg after slipping in a grassy slope at school and ripping leg open on a rusty pipe which was sticking out the ground. It nicked an artery and required 15 stitches to close it.
He’s in such a lot of pain and I am just beside myself-partly because I know the outcome could have been so much worse.
Also furious it took the Headteacher 24 hours to contact me to ask how he was.
To clarify this is not about the money but it’s about making them accountable and face up to their negligence.
To make it worse we go on holiday in 3 weeks to Florida and we have paid for just about everything there is to experience there so the kids have a holiday of a lifetime. I would hate him to miss out on anything as he has been so excited about going.
WWYD?

OP posts:
Harmonyrays · 14/07/2018 00:55

it depends On what you hope to achieve, better health and safety at the school, compensation, something else?

Original poster
babyno5 · 14/07/2018 01:00

harmonyrays I don’t want a cover up. I don’t want another child to have to go through this. Yes I do think he deserves something in compensation. Can’t tell you how brave he was. He let them have 3 goes at cleaning it out as was full of rust and grass etc. I watched him biting on a pillow with tears rolling down his cheeks. He did that to avoid having it done in theatre.
I’m disgusted at the Headteachers lack of care.
Whatever the outcome the money will be his to access when he’s old enough.
He will be left with a huge scar also (although he’s currently thinking up shark/croc cover stories lol x

OP posts:
Tomatoesrock · 14/07/2018 01:08

Where there is blame there is a claim, Chessey Ino it was on a advertisement.

Has the school got a student insurance policy. We pay 8euro each year for cover for accidents in the school.

I would definitely hope the school removed the rusty pipe anyway. It sounds very painful for your DS. Hope he recovers well and has a lovely holiday.

mysteryfairy · 14/07/2018 01:09

If the school may have been negligent of course you should instruct a lawyer. Your son is entitled to compensation for his pain and suffering and it would be remiss not to act on his behalf.

Original poster
babyno5 · 14/07/2018 01:14

I hate to say but pipe is still in situ! Apparently a teacher “guards” it during break today.
I arrived at school 25 minutes after it happened and they had him standing up with a high vis waistcoat tied as a tourniquet. He practically collapsed in my arms white as a sheet and sweating with shock. They had logged as “non urgent ambulance call”. Ffs it was an arterial bleed!!

OP posts:
Original poster
babyno5 · 14/07/2018 01:19

Said rusty pipe 😱

OP posts:
KokoandAllBall · 14/07/2018 01:28

Of course you should see a lawyer. The only argument I think the school could make is that your DS was playing in an area which was not part of the playground, if that was the case, but children should be able to walk anywhere on school grounds without fear of opening an artery.

quizqueen · 14/07/2018 01:29

Yes, I'm afraid the school needs to learn an important lesson here. Thou shalt not have a rusty pipe sticking out of the ground in the presence of children (and staff and other visitors to the site). The fact that they didn't instruct the caretaker to dig it up straightaway adds to their negligence. A burglar might come in the night as well and fall on it. Apparently, things like that have to be taken into account too!

Original poster
babyno5 · 14/07/2018 01:29

Koko it was an area of playground specifically for his age group!

OP posts:
user546425732 · 14/07/2018 01:32

I'm not one for sueing but I'd do so in this case. They will be insured.

Original poster
babyno5 · 14/07/2018 01:32

Thanks quizqueen I agree. I know of 3 parents who kept their children at home today. Not sure if it was because of the risk or the ta t their children were traumatised by the amount of blood-although school did have time to wash blood off said pipe and grass!
I honestly despair of the schools priorities 😢

OP posts:
Original poster
babyno5 · 14/07/2018 01:35

I’m not one for suing either as it just pushes premiums up but I can’t see another way of ensuring accountability. It’s an academy so county council won’t be involved.
I have a meeting with HT next week and I have given her a list of what I want to see. Included in that is evidence that it has been reported to HSE under RIDDOR

OP posts:
TheLittleThingsLikeVodka · 14/07/2018 01:39

I’m usually a bit judgey when people talk about suing on mn, but in this case I’d say go for it

Original poster
babyno5 · 14/07/2018 01:44

Thanks vodka me too. Hate the “ambulance chaser” culture which has evolved

OP posts:
edwinbear · 14/07/2018 01:52

Yes, I think I would. The 24 hours for the HT to check on him and the non urgent ambulance would be all the proof I needed that they simply aren’t adequately trained in first aid.

edwinbear · 14/07/2018 01:56

And of course I’m sure you are aware, but clearly with a significant bleed to the leg he should not have been stood up....was a first aider with him?

caroldecker · 14/07/2018 01:58

No claim for distress or suffering in the UK, only financial losses. Your son lost no money so no claim.
However complaining to the academy and getting those responsible fired - yanbu

bellabasset · 14/07/2018 02:00

I would certainly be seeking legal advice before the meeting. I suspect that the Head Teacher has already had to take legal advice before contacting you and that might explain the delay.

I hope your son will be recovered enough to enjoy his holiday.

edwinbear · 14/07/2018 02:09

carol OP would be claiming for personal injury, this doesn’t need to have resulted in financial loss.

BoomBoomsCousin · 14/07/2018 02:14

I agree with seeking legal advice before going to the meeting.

Though I agree it's serious, I don't think it would fall under RIDDOR if he were an employee, is it different for children?

Monty27 · 14/07/2018 02:15

I would certainly bang them to rights. That's disgraceful.
It wouldn't be for compensation with me either but it's so far off the scale of negligence and a lack of duty of care. Omg I am so angry on your behalf.
They'll have the book thrown at them and so they should!

SummerIsEasy · 14/07/2018 02:39

My DH went to a "rough" school in the north-west. At a young age he did a long jump into a sandpit and sustained an ankle injury with tendon damage. There was cut glass in the sandpit, no doubt placed there maliciously.

He spent quite a lot of time in hospital, had surgery but it healed and he recovered sufficiently to play rugby at a good level, whilst pursuing an armed forces career for ten years. At his army medical the doctor made him run on the spot for ten minutes and then agreed he was fit for service.

In the 1970s working class parents did not consider taking legal action, but in your position I would want to do everything possible to ensure the same thing did not happen to another child.

glintandglide · 14/07/2018 02:57

Without meaning to be vulgar are you happy to pay for the lawyer too? It’s likely to cost several thousand and potentially as much, or more than you can expect to see for the claim should you win. It’s a large financial burden.

Sorry to hear about your ds’ fall, it sounds awful Sad

melonscoffer · 14/07/2018 02:59

Your poor son, they do bounce back so hope he is able to enjoy his holiday

Yes, take this further. Make sure that you know what your aims are.
What outcome you need and changes you feel will benefit the school.

I note that this isn't about money so perhaps refuse to ask for damages or donate it to a charity. Doing this stops anyone involved accusing you falsely of a hidden agenda.

Monty27 · 14/07/2018 03:02

I hope ds recovers. Even if you can't afford a lawyer go to the top. Education authority, governors etc. You might be able to get legal representation through some other route if you don't have the money. Best of luck Cake
Cake is for ds Smile

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