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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think local authority should share the report about DDs accident with us??

50 replies

Rainatnight · 24/10/2019 17:59

DD has an accident at pre-school last month. Her middle finger got crushed in a gate during a fire drill. Needed an operation, lots of blood, all very traumatic.

The school brought the local authority in for an investigation which we found very reassuring. But today we found out (over a month after asking) that the local authority has no plans to share the investigation report with us, saying that we’re a ‘third party’ and that all necessary steps have been taken (they put a finger guard on the gate).

I’m pretty furious about this. I get that they put the finger guard on (I’ve seen it) but I want to know whether there were other factors that gave rise to the accident.

And I think that in the interests of transparency, they should be as open as possible.

AIBU?

And if you know anything about this kind of situation, is there any policy or regulation I can point to which says they should share it?

Thanks.

OP posts:
Stickybeaksid · 24/10/2019 18:10

What extra do you want to know? They have fixed the issue so it won’t happen again. What do you think the report will give you?

Wildorchidz · 24/10/2019 18:18

Yanbu.
Can you take it further?

NataliaOsipova · 24/10/2019 18:22

I’m not a lawyer, so there’s bound to be someone better placed than I am on this topic - but can you not demand to see it under data protection legislation as it contains information about your daughter?

cansu · 24/10/2019 18:23

What do you want to know? They have looked into it, decided that a finger guard would prevent more accidents and have done it. What else is there to know? If your dd had an accident with a gate at home, what more would you do? Maybe you should try to move on from it now. Accidents happen.

Wildorchidz · 24/10/2019 18:24

What extra do you want to know?

I’d want to know if other children had suffered a similar injury prior to my child having her finger crushed.
I’d want to know if staff child ratios were adhered to at the time of the incident.

Cleverplayonwords · 24/10/2019 18:25

Could you ask under freedom of info act?

It's ridiculous calling you a third party, you're her parents. She's a very small child. Is she a third party in their eyes? It happened to her, you're asking on her behalf.

I'd think they were hiding something if they're unwilling to share it with you.

sleepingdragon · 24/10/2019 18:25

I would imagine that the nursery would be the ones to share it with you, and they are the people to have the issue with if they won't share it.

Wildorchidz · 24/10/2019 18:25

I’d also want to know why the risk had not been properly assessed before my child had to be injured.

woodchuck99 · 24/10/2019 18:26

As it's a public body you might be able to submit a freedom of information request.

GloriousGoosebumps · 24/10/2019 18:27

I can't see any reason why you can't make Subject Access Request in your daughter's name for any documents held by the Local Authority or school i.e. two separate requests. Why don't you call / email the Information Commissioner's office for advice?

MiniCooperLover · 24/10/2019 18:27

A friends child had his legs taken out from under him from behind at secondary, cue trip to A&E on pick up (school didn't even call the parent). Broken collar bone ..: and school have said the parents have no right to know what action they've taken. 😳 Looks like parents have very little rights with schools unfortunately.

MontStMichel · 24/10/2019 18:28

You can do a subject access request to the school and LA in respect of DD, as the pp said under data protection legislation. Your LA probably has a template letter on its website.

If they refuse, you can take it up with The Information Commissioner, who has a website.

Stressedout10 · 24/10/2019 18:29

I'm not a lawyer but I would assume that they are trying to cover up their own/staff liability incase you sue them.
I suspect that the only way you will get the answers you are looking for will be to sue them as they will have to hand it over in discovery

MontStMichel · 24/10/2019 18:29

I don’t think you can access information about other children though.

LoveNote · 24/10/2019 18:30

i would think the report won't directly name your daughter.....maybe she's referred to as child B or something

so you have no direct link then

FlyingNorth · 24/10/2019 18:30

You can make a data subject access request on your child's behalf, as they are too young to make one themselves. Note it would have to be made on their behalf, as it is the child's personal data and you do not have a right of access. The LA or school could still claim an exemption, but that's how you would go about requesting the info in the report. (I work in data protection.)

NovoJester · 24/10/2019 18:31

Put in an FOI request.

Legoandloldolls · 24/10/2019 18:34

Subject access request and if they dont then its Ofcom to information commissioning office.

It's not third party data, it's about Your childs accident. If names of others are in the report they just redact them. I have got my sons entire NHS records and all la records during a sen appeal.

Legoandloldolls · 24/10/2019 18:36

Subject access request for your own data and foi if it's for other data ( like how many accidents relating to gates in the school)

OrangeTwirlGate · 24/10/2019 18:38

Rolling my eyes at the people who come on here just to bash.
Of course you want to know more- I would!
Others made good points above as to why you should get to see the report.

Hope your little one is ok now

FlyingNorth · 24/10/2019 18:38

it is the child's personal data and you do not have a right of access
Sorry, that should read you don't have a right of access in your own right, but you do have a right to obtain it on your DC's behalf.

spongedog · 24/10/2019 18:43

I wonder if this would have been reported under RIDDOR? I dont deal with this professionally but had to sit in on a couple of meetings where it was discussed. If it is RIDDOR, then reports etc have to be kept for a certain period of time. I would ask the nursery for a copy. But what do you intend to do with any information you find?

Beautiful3 · 24/10/2019 18:54

Have you contacted a solicitor? If you have legal cover on your insurance, this can be used to cover legal fees.

blackcat86 · 24/10/2019 18:56

Dont under estimate the power of a formal complaint with a local authority. I would suggest that you make a formal complaint in writing to the LA. You will then have a named complaints officer and can say the outcome you would like from your complaint. You can also complain about not being kept informed on what was happening despite your daughter being injured.

CAG12 · 24/10/2019 20:46

Complain. Ask for the info under FOI

But if the pre-school asked for the investigation, then its between the pre-school and the local authority, and yes you are a 3rd party (as harsh as it sounds). Doesnt mean you cant push for info though