AIBU nursery worker stepped on my baby's hand

[2babies93]

DD is 12 months. She's been at nursery for a few months as I'm back at work. We've had a few problems there, mostly though, the manager's attitude sucks. We decided to look for, and have found, somewhere else, but they don't have space for 6 months. (This is because of other unrelated issues which are not relevant to this incident).

Last week I got a call from the nursery; "A carer was walking past DD and then she started crying. On review of CCTV we can't see what happened, but they may have stepped on her hand." Her hand was red and sore after, but not swollen. She was fine that evening when I picked her up.

They won't let me see the CCTV - is that normal?

I understand that kids have accidents. She's banged her head, fallen over, been bitten etc. and these incidents don't really bother me (much) because I know they will happen. Kids don't know how to play nicely and with staff ratios, they won't be able to prevent everything. I've never complained about an injury/incident before this - and I've not yet formally or otherise complained about this, but I think I might (help!).

I'm uncmofortable with the fact that the carer "may have" stepped on her. Surely you'd know? If it's just an accident, why not just admit it? Also, I feel like this type of accident isn't acceptable. This is not DD v another child, it's DD v an adult. An adult who's working in a nursery and should be careful where they are stepping, right?

I need some outside influence. My main concerns are:

1. The use of "may have", it feels like a cover up?
2. I can't see the CCTV. My older DD was at a different nursery (moved house) and we could see the CCTV of any incidents if requested.
3. The fact that she was hurt by an adult. I don't feel like stepping on a child is acceptable, even if accidentally.

AIBU to insist on seeing the CCTV? WIBU to I take her out early because of this incident? I don't know what we'd do for childcare, but I feel so uncomfortable leaving her there. I'm really upset...

Thank you, please be nice even if I'm being unreasonable. I'm here for help/to get perspective.

For clarity on the why it's not ok - you say you'd be fine with all the other parents seeing footage of your child. What about if your husband was extremely abusive and had been violent to your DC, forcing you to get a restraining order, and you are worried he's looking for you. Are you ok then with a bunch of strangers seeing your child? Strangers who could be that husband's coworker, or gym buddy or new neighbour, who might then share that information or footage.

What if there is a child who is in foster care due to neglectful, addictive or abusive parents who is then identifiable from that footage?

I find it a bit baffling that you are allowed to see the other children in person for viewing a nursery, settling in, any other time you go in, and that's fine, but viewing the same children, in the same room, on cctv (supervised so you can't record/download it) is a safeguarding risk.

Are you always this dramatic?

I can literally guarantee Ofsted would not inspect over this incident.

The baby wasn't stood on, their hand was caught by the members of staffs foot. Trust me, it's not that uncommon, especially babies that stealth crawl and end up right behind you.

It's not negligence, it's not criminal negligence and it's not whatever other dramatic situation you are trying to froth up.

I suggest you make a brew and calm yourself down, it's not healthy to have thos much fury inside you. Or maybe channel it into fiction writing?!

Exactly. Another baby could've done something. A toddler could've done something, dropped something erc. It's not that big a deal

@2babies93
I'd phone up children's services at your local authority and speak to the senior on call social worker and explain what has happened and ask them to investigate it as a safeguarding concern - i'd be fuming 😤

Take her out and look after her yourself if you're that concerned

Dramatic.

So what are you hoping to achieve by seeing the CCTV. Are you expecting a nursery worker to have purposely stepped on your child's hand. Do you really believe this is what happened.
Or, much more likely a nursery worker accidently stood on your child's hand, small children move a lot, their hands move too, have you never accidently hurt someone? Because most people have.

Exactly, it's one rule here and another there.

Many comments also talking about looked after children etc. I could've seen them at the settling in session, or I may see them at drop off/pick up, or I may see them in the photos they send home (yes some have other children in). The nursery we are moving to also does pick up/drop off in the room, so we would see the other children then too. CCTV is arguably "safer" as it often won't even be clear enough to pick out a baby you hardly know.

I agree. Accidents happen OP. The nursery have told you about it and your baby is OK, that's the main thing.

@2babies93

If you don't think it'll be clear enough to see looked after babies, why would it be clear enough to see yours?

I'm sorry but you could be anyone, yes maybe a member of staff could vouch for you, but how does anyone know that's truthful? You're spinning an accident way out of proportion and need to relax.

OP you have a choice. You continue to send your child here despite clearly being upset about the way the nursery had dealt with this incident or you send your child elsewhere. You either trust the nursery (which you don't appear to do) or you don't. If you don't trust them why on earth would you continue to send your child there? You can't claim child care is more important than child protection. What parent who genuinely thought their child safety was at risk works continue to use that setting? What would you do if you saw the CCTV footage? Demand the staff member was sacked? Do you honestly think given how wound up you are about this that seeing the footage is going to make you happy? They aren't going to show it to you so make your choice.

It isn't because it is a safeguarding risk, although it may be. It's because of GDPR.

A CCTV recording is counted as processing of personal data. Therefore it falls under GDPR legislation. Data relating to children is given special protection. The nursery is complying with its data protection obligations. As it should.

Footage can be saved and shared as well, remember. Memory and eyesight are harder to share.

At the end of the day OP, you're arguing with the wrong people here.

No one here can override GDPR. It's written into law. We (and the nursery) cannot override law because we don't personally agree with it. That's like me giving you permission to break into your neighbours house and take all their stuff.

You can ask for the CCTV footage under the freedom of information act

There may be policies to follow with the cctv, it may not be as cut and dry as refusing to show you

With the hand, I couldn't get worked up about it. It's so easy to step back and stumble if there is a young child behind you unknowingly.
What would bother me though, is the lack of explanation. If they came out and said oh Susan accidentally stepped on Emily's hand, we are so sorry about that, then that would be fine.
Your gut is telling you something, so just go with it.

Accidents do happen but if you overall get bad vibes from the place then look for something else.

You probably feel the way you do because that mama bear instinct has kicked in and that’s totally normal.

My 15MO is at nursery and when I collect him the playroom is always covered with toys, books, kids crawling etc. I can imagine just how easy it is to accidentally step on someone’s hand or toes.

I’d imagine the worker who stepped on her feels terrible, but it’ll have been an accident.

Regarding the CCTV, if they don’t want you seeing other kids could they somehow blur those areas out? I’m not sure if other kids being present would be the reason you’re not seeing it though (HRTFT so sorry if this is the reason!), since most nurseries have apps where they update all of the parents with photos of all of the kids each day.

Showing you the CCTV would be a breach of GDPR or some privacy act or something (I'm not sure which bit of legislation but there is something).
It's usually only management and the police that can access CCTV. I work in a council nursery and we actually need to have someone from higher up to look at it as our manager isn't even allowed.
It sounds like an accident, they will have said "may have" because the CCTV is possibly at an angle where it's not completely clear what has happened. I have definitely stepped on my own child's hands before, can't remember if I've done it at work but there has definitely been accidents between adults/children before because that's just what they are - accidents.

Some of these comments are unhinged.

I don’t think you’re being unreasonable but I’m not surprised you can’t see the CCTV - safeguarding is a thing and it has to be the same rules as everyone.

if you think something serious happened report it to the police and see what happened, other then that chalk it off as an accident.

Aren’t they just 🤦‍♀️
it was an accident!
and dealt with and you were told.
I work in a school and bumped into a child the other day. They fell over. Accident. Not safeguarding!

I'm always accidentally standing on hands teaching in reception!! It happens! Small children sometimes suddenly move their hands!

I've also accidentally hit a child with a book bag giving them out at the end of the day!

I once also tripped over a child but managed to sort of cartwheel over him much to the amusement of my colleagues!!

If you are worried ring up and clarify exactly what happened...

I'm sure it really was just an accident op and your daughter is fine.

Now this is the most unhinged comment for sure.

1. The Freedom of Information Act applies to public authorities and organisations carrying out public activities, not a private nursery.
2. The FOI Act is there to provide public access to information - it's basically the same as publishing something. Don't request something private under the FOI Act because if you can get it, anyone can get it.
3. Even if the FOI Act did apply to a nursery, requesting a copy of CCTV of a child and staff member would be by definition personal data, which is usually exempt from public disclosure under the FOI Act as public disclosure of personal data is a breach of the data protection principles as it usually isn't lawful or fair to do that to someone.
4. And if it's your own child, you would be wanting to try to request access to their personal data on their behalf, which is exempt from FOI as there are subject access rights under the Data Protection Act 2018.
5. So all together that "advice" was particularly nonsensical.

"Make a FOI request to see XYZ you have a right to get it" from people who don't have the first grasp of what the legislation actually is grinds my gears.