Suing a school for negligence

[roundandroundabout]

A playground mum has told me that I shouldn't send my DD to the local (ofsted outstanding) primary because she sued them for losing her DD (the child has sen and wandered out of the gates). I've googled the name of the school but nothing comes up. If this were true wouldn't it be public knowledge? And AIBU for ignoring and still planning to send my child there?

It happens more often than you think. If a child is determined to get out they will get out, though it tends to be the ones who have behavioural problems that do it. One time in a school I used to work in a child scaled a fence at lunchtime, walked to the shop across the road and then scaled the fence to get back in!

Most children wouldn't dream of trying to escape from school but if you get a child who is a climber or a runner and intent on escaping that is a very challenging situation for a school. I would be more interested in how it was handled and prevented from happening again.

If they had sued it would probably have been dealt with by their insurers, or they may have agreed to settle it themselves (unless the child was injured or severely traumatised there isn't much they could actually claim for in terms of money) so no you would have been unlikely to hear about it unless it was such a big claim that it went to court or such a big story that it hit the papers

With the best will in the world things happen.
DD broke her arm at school doing a cartwheel on the PE mats. Didn’t cross my mind for a second to sue, although I’m sure some people would have!!
I lost DS2 in the library, we had to call the police and everything. Does that mean I should no longer be a parent?!
Things happen, the concern is if the keep happening and I would judge on the response to the incident not the incident itself.

Hmm. My husband handles complaints made against schools in a particular part of the country. There are hundreds of schools in his area. He says they have dealt with this issue, but have never had a parent sue. Though they get parents threatening to sue about assorted things daily.

While she probably isn’t in a school he’s responsible for, it’s probably unlikely she actually sued. She may well have (correctly) complained though!

I'm working with a great school at the moment. They've been through difficult times, but a new headteacher has been in place for a year and it's a fantastic place. Parents are thrilled, children are happy, it's brilliant. So every time anyone asks about local schools on the town FB groups - one parent - who hasn't had a child in the school for 2 years - comes on and trashes the place. Yes, she wasn't happy about how her child was supported in the school, but it was 2 years ago and a lot has changed since then. I can't comment on FB, but if asked personally I always advice parents to speak to the headteacher about concerns they've heard about.

Half a reception year escaped through a badger hole for a wander in the woods one lunchtime! The school put in measures to check the fence each morning. Things happen, it is how the school deals with the risks.

@curioushorse do ask him about what happened to my dd. Felt desperately sick just before end of school. Reported to office who told herro go home as bell about to go. Too ill to do that. Went to filthy lavatories. Her friend phoned me. I phoned school and receptionist told me she should come back to office. I said she was too ill and I expected a member of staff to look after her whilst I got there. Got there. Nobody had cared. DD lying on concrete bog floor with two friends standing over her. Head appeared and was instructed by me to look after dd while I drove car to school entrance. Head went white. School refused to confirm their disciplinary procedures had been invoked until I wrote to governors. Head tried to fob it off onto office manager/bursar who was of the excuse brigade. Had the friends left, had the school been locked. God knows what would have happened when staff were too idle to get off backsides to go down to lavatories (which stank) to help my dd. Outstanding school btw with a breathtaking reputation. Reality - NOT!

If it happened it would have had to be reported to offered. You can find these reports with their usual inspection reports. There are always a list of actions that the school has to implement and an outcome.
I found this out about a nursery I was considering, decided against it in the end as obviously a toddler running out of nursery is just a nightmare waiting to happen

And I could be that parent @Intelinside57 because the management of the school stank and what came out of the Headmistresses mouth was not the truth. You do realise their conduct isn't always blemish free don't you?

OhTheRoses but your dd's friends didn't leave, the school wouldn't be locked a minute after the bell rang with a child lying on the toilet floor. It sounds a distressing situation for you and your dd, but she had someone with her who called you.

School staff aren't trained to 'look after' an unwell secondary school pupil who had two friends with them. They would call the parent (which they knew had happened as you called them).

OP something similar happened at my children's primary also involving a child with SEN.

She got out of the school in the most unexpected and surprising way, which no other child had done in its long history.

The school increases the fencing in response and put various other measure into place and it hasn't to my knowledge happened again.

Freak accidents are very different to outright neglect eg gates being left open or no staff in the playground during break.

I think if you are looking for a school without incident it doesn't hapoen.

Bullying happens in every school how it is dealt with us relevant. I had issues at times for various reasons, they always dealt with them amazingly.

I don’t doubt for a moment that schools have escapees.
But what exactly was this parent suing for? I find that... unlikely.

It may be true - but if it is I am sure that the controls are much higher now. TBH I am not sure I would think a lot about someone who tried to sue a primary school.... what exactly are they trying to achieve by sueing? By all means take action on safety/ but sueing??

Suing not sueing...

[quote OhTheRoses]@curioushorse do ask him about what happened to my dd. Felt desperately sick just before end of school. Reported to office who told herro go home as bell about to go. Too ill to do that. Went to filthy lavatories. Her friend phoned me. I phoned school and receptionist told me she should come back to office. I said she was too ill and I expected a member of staff to look after her whilst I got there. Got there. Nobody had cared. DD lying on concrete bog floor with two friends standing over her. Head appeared and was instructed by me to look after dd while I drove car to school entrance. Head went white. School refused to confirm their disciplinary procedures had been invoked until I wrote to governors. Head tried to fob it off onto office manager/bursar who was of the excuse brigade. Had the friends left, had the school been locked. God knows what would have happened when staff were too idle to get off backsides to go down to lavatories (which stank) to help my dd. Outstanding school btw with a breathtaking reputation. Reality - NOT![/quote]
Husband is always in favour of making formal complaints. He does see it as being a positive thing in terms of keeping school-parent relationships strong. He absolutely thinks schools should be answerable, and it's his opinion that they generally want to be too- because actually the people in schools do generally care for their kids.

He thinks that making complaints is better than having parents worry- and sometimes it does bring up issues that need dealing with.

I have quickly shown him what you've written, but he's also busy doing some DIY, so has rolled his eyes and said he's not commenting on a mumsnet post in which he doesn't have the full details. But if you're concerned, and if it's going to make you worried about the care your daughter receives in school, then you should consider making a formal complaint. Were you satisfied with the governors' investigation? It's actually none of your business whether disciplinary procedures have been invoked or not (though I'm sure it would make you feel better). He has suggested that this is likely to be a case that will have been considered by the school and governors- because it may well have exposed a problem, in that there wasn't anybody available to look after her when the school had technically finished.

It does sound to me like you're still worried about it- and I'm sorry it happened to you. Good luck!

Sorry for going off on a tangent on your thread, OP.

When was this supposed to have occurred and when was the ofsted report? Ofsted are hot on safeguarding and would be made aware of any issues. If their inspection happened after the incident, they are clearly satisfied with whatever steps have been taken to ensure it doesn't happen again.
Personally, I would want more information before I would allow this to affect my choice of school.

@OhTheRoses "And I could be that parent @Intelinside57 because the management of the school stank and what came out of the Headmistresses mouth was not the truth. You do realise their conduct isn't always blemish free don't you?"

Are you saying you'd run a school down 2 years after the incident that upset you, and after that Headteacher was long gone? When the school had a new head for a year and the school community were singing her praises? Would you still tell prospective parents not to send their children there? If that's the case maybe you are that parent and you're being very unfair. But hopefully you've just mis-read my post and you aren't.

When was the OFSTED outstanding rating? Two reasons for asking:

1. if schools get oustanding OFSTED doesn't visit so often and things can change
2. In the last few years a lot more has become required of schools on safeguarding and it's become quite high priority in what OFSTED look at.

Also, when did the other woman tell you that this had happened?

So a really recent outstanding or good report, or one which rates a school good or better on safeguarding,

You may well have to ask them online, but you can ask questions about safeguarding, and if SEND support is among important criteria for you, you could ask about this, and I would think, to speak to the SENCO as well in a "mainstream" primary. (You don't have to mention this story).

My youngest son was forgotten about at nursery. He fell asleep to the sound of traffic on a bench. A member of the public phoned in and reported there was a child sleeping!

At the same nursery my eldest son picked up some broken glass and cut his hand quite badly. He also escaped into the play area several times as a baby (never out side the premises).

Yes she withdrew her DC after the incident. He would've been around 6/7 at the time I think. I guess it's possible they settled but it would just seem to me that there should be some transparency about this stuff even if it's just human error / one of those things etc. But I don't know this woman and it did occur to me that she might be exaggerating.

Also, sorry to anyone who has a DC starting school tomorrow who might feel worried by this thread, I didn't think about the timing. I do think schools take safety seriously and this was a rare occurrence (if it happened as the lady described).

I’m sure there is more to the story than what she’s telling you. The school would probably have a different tale to tell, so no, it wouldn’t put me off sending my dc there.

I wouldn't let it phase me, particularly if my child wasn't inclined to make a break for it..