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AIBU?

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Original poster

To make them pay? WWYD

142 replies

Marshmellowmallow · 06/09/2018 16:10

I've name changed for this as alot of the details are outing.

My husband broke his leg on school premises about 4 months ago. His work have been paying him full pay for 6 weeks and after that was SSP which means we are currently losing about £300 a week on his usual wage.

Due to this and the fact that we relied on my husband doing overtime, we have fallen behind on our rent and we have gone massively into our overdraft. I am a stay at home mum so the only real income we we are living off is the £92 a week SSP and child benefit.

The bone has healed in his leg but he has severe ligament damage which we have been told won't heal for another 2 months atleast. The type of job he has means he has to use his leg and is not much use without it so can't go back on different duties etc.

I spoke to citizens advice regarding the debt and they asked whether I had began proceedings to sue the school. I said I hadn't thought of it. I mentioned it to some of the school mum's at the gate and they were all absolutely horrified thstbi would even contemplate suing the school.

Please no bashing, I'm physically and mentally exhausted from this. I haven't slept in weeks from worrying about the money. I just don't know what to do Sad

OP posts:
safetyfreak · 06/09/2018 16:28

If you have a case then yes go for it. Also it is not like you have to tell the school mums you are going sue the school, you can keep that quiet.

You need to think about your family.

pretendingtowork1 · 06/09/2018 16:30

If they were negligent then yes, you should.

dizzy174 · 06/09/2018 16:31

sue of course they accepted liability with the apology you received, search for a no win no fee if you are at all worried about initial costs.

YesInamechangedaswell · 06/09/2018 16:31

OP said: i was told that the school insurance premium would go up and that effectively we would be taking money from the school?

Er... that's tough titty on them. They've adversely affected his ability to do his job, and possibly jobs in the future, so don't let them try and pull a fly one on you by pulling at your heartstrings.

ThatFridayFeeling · 06/09/2018 16:31

Sue! They've already admitted negligence by apologising (I assume, I don't have any legal qualification to back that up). Also, I wouldn't talk to the other mums at school about this, keep it to yourself and do what you need to do to take care of your family.

LeroyJenkins · 06/09/2018 16:31

I have looked into working whilst he recovers however because he cannot drive I have to do school pick up and drop off every day which is proving impossible to find a job in this area that fits in with those times

You could arrange for a pick up? maybe that would help? just to get the DC home and then DH could be there for them, how old are they?

Gemini69 · 06/09/2018 16:32

Whilst he's at home.. could you get a Job ? Flowers

Littlechocola · 06/09/2018 16:35

If they are at fault then of course you should.

TroubledLichen · 06/09/2018 16:36

Absolutely begin proceedings against the school. Yes their insurance premiums may increase but they’ve been negligent and affected your DH’s ability to do his job, the school mums are being ridiculous to suggest your family should suffer as a result. And I hope your DH makes a full recovery soon.

StatisticallyChallenged · 06/09/2018 16:39

Realistically a claim will take a fair amount of time anyway so pp are right re trying to find a solution for pickup/dropoff. But this is quite literally what insurance is for. The school are legally required to have it for this exact reason.

EmmaGrundyForPM · 06/09/2018 16:40

I think the word "sue" is emotive. People immediately think of USA style compensation claims for millions. What you are actually doing is making a claim against the school which is what their insurance is for. If the claim is valid, then insurance should pay out. If it's not then they won't.

A friend of mine was badly injured when a piece of a council owned public building fell on her. She couldn't work for months and quite rightly made a claim against the council. There was then a big row between the council's Insurers and the insurers of the building firm which had recently worked on the building but she did get compensated for her loss of earnings and also for the pain of the injury.

It's why we all have insurance.

Peridot1 · 06/09/2018 16:40

Claim. They will have insurance. But you don’t have to tell anyone. If anyone does find out and say anything just say you were at risk of losing your home so didn’t have any choice.

The school has insurance for this reason. No point in them having it if people can’t claim when necessary.

Using emotive language like ‘suing the school’ is not helpful. The school has an insurance policy. The school was negligent. The head has admitted it by the sounds of it.

RubiksQueen · 06/09/2018 16:42

Please please do make a claim against the school. It's not like 'you're awarded £10,000 so the premium goes up £10,000'. It doesn't work like that. It was their fault, you shouldn't lose out any more than you already are over this.

Mishappening · 06/09/2018 16:43

I know it feels bad to sue the school, but you cannot live on fresh air, and they are required to have insurance - this is what is it for.

Knittedfairies · 06/09/2018 16:43

If the school was negligent you should make a claim.

Laiste · 06/09/2018 16:44

I agree the word 'sue' is conjuring up images of the school being left penniless with tumbleweed blowing through it and the teachers in rags begging at the gates Grin

A 'successful insurance claim' against negligence on a council owned site may bring the premium up slightly for the school but they shouldn't have been negligent and it's why we have insurance.

Would you worry about it so much if it were a library? Or a council run car park? Chill OP.

mostdays · 06/09/2018 16:44

Due to this and the fact that we relied on my husband doing overtime, we have fallen behind on our rent and we have gone massively into our overdraft. I am a stay at home mum so the only real income we we are living off is the £92 a week SSP and child benefit

Have you made claims for tax credit and housing benefit (or UC if you are in a UC area)? That sounds like something you should do asap if you haven't already.

And yes, sue. That's what insurance is for.

Hersetta427 · 06/09/2018 16:44

I definitely wouldn't blame you for suing however do you think you can carry on a relationship with the head/governing body afterwards?

TeeBee · 06/09/2018 16:44

Agree, its absolute madness for your entire family to suffer for someone else's mistake...an institution paying public liability insurance. I have to pay public liability insurance and I'd feel ashamed if one of my employees sat suffering and saying nothing while I'd been paying these premiums. Don't be daft, just claim against the insurance.

tillytrotter1 · 06/09/2018 16:44

I would certainly take advice, the Head saying Sorry doesn't constitute admission of guilt, we're British and apologise for bumping into someone else, let the lawyers decide. One of the No Fee people might be interested.

londonrach · 06/09/2018 16:45

Depends on how injuried but that be sorted out if you sue.

RibbonAurora · 06/09/2018 16:45

The school/local authority has to have public liability insurance, OP, it's a legal requirement for public buildings and institutions. This kind of thing is what insurance is for so the school doesn't suffer financially in case of a law suit. If premiums go up it'll be by a negligible amount spread among all the schools covered by the blanket policy the LEA has. Why should you and your family lose out on earnings because of something that isn't your fault and is covered by the other party's insurance? Tell the school mums to get a bloody grip.

ForgivenessIsDivine · 06/09/2018 16:45

They pay insurance for a reason. The amount of compensation your DH might get will be more than the increase in the school insurance premium. The mechanics of the cost of premiums are not your concern. You should claim against the school's insurance if the citizens' advice bureau thinks you have a legitimate claim. You are not claiming against the head teacher and you are not requiring the school to fund the claim.

LakieLady · 06/09/2018 16:45

If they were negligent, then make a claim. However, presonal injuries claims take ages to settle, so it won't mean a solution to your immediate money problems.

Go on entitledto.co.uk and see what help you may be entitled to. You should definitely get help with your rent.

Averyimportantperson · 06/09/2018 16:46

If you are worried about the implications to the school there are things you can do.

For claims of this type a large part of the payout is normally solicitors fees. You can shop around and see if any would be more reasonable. Also, you can claim for just loss of earnings and related costs.

This may reduce the amount the the schools insurance premium would go up.

I would most definitely claim though. You are entitled.