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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To consider suing nursery

273 replies

atatotalloss4 · 02/09/2023 22:17

I have a beautiful little girl, she is 2 years old and has been in nursery for 8 months. She's come on ever so well and people often comment how well she speaks and lovely manners, I give much of the credit of this to the nursery.

However, there was an incident last week that has left her on antibiotics with a large open sore on her inner thigh. I won't post pictures because they are frankly upsetting but I'll detail how it happened.

8-9 children with 3 (youngest members of staff) went to a park for a picnic, about a 10 minute walk from the nursery. My child had a full well nappy upon arrival, the didn't change her. She then soiled her nappy which leaked considerably, onto her back and thighs. They didn't want to end the trip early for the other children so kept my child in this state for around an hour. Then made her walk back to nursery. This caused the full nappy to fall down and rub her thigh, resulting in this horrible sore. It's about the size of my palm and the GP was aghast at how bad it is. She has been unable to sleep because she can't get comfy, the antibiotics are causing her an upset tummy and she is utterly reluctant to walk resulting in a sort of waddle then she asks to be carried.

The leggings she was in were sent home and they are in an awful state, you can also see how bad they are on picture they uploaded to the nursery app whilst out.

I wasn't contacted about this, nor told at pick up, I found out when I changed her at home and saw the state she was in.

Apparently the staff involved have been given a formal warning and it seems that's that.

Would I be ridiculous to chase this up legally? I'm heartbroken my tiny innocent child was treated with such contempt, it's heartbreaking hearing her cry and unable to walk.

Someone please just give me an outside perspective because im so sad for her im no longer sure if im even thinking straight about it. Thank you x

OP posts:
Marinerscove · 02/09/2023 22:22

That sounds awful op! No advice, I am afraid but I hope someone pops up soon with advice and hopefully, this will bump the post up! Hope your little one gets better soon. x

StorminanDcup · 02/09/2023 22:22

That’s throughly disgusting OP. Your poor little girl. Really bad that she’s now on ABs which of course will upset her tummy, all because they didn’t take any nappies with them? Ridiculous.

I don’t know about sueing them, for what? That’s a genuine question, would you be wanting financial compensation or for the nursery to close or the staff to be fired etc. I think you need to consider what you want the legal action to amount to?

Id be furious too and you’re absolutely right to be, I just don’t know what legal action would accomplish if the issue was down to individual members of staff who have been disciplined. Maybe it wasn’t though and legal action would look to highlight bigger issues?

hope your DD gets better soon, poor girl

HiCandles · 02/09/2023 22:23

Your poor little girl. I'd be very upset too. Why on earth wouldn't the staff take changing things with them to the picnic, that's madness with 8-9 children in nappies.
However I'm not sure suing them is the right course of action, I think that's likely to be very expensive and stressful. In your position I would discuss this with your local children's social services as really it's a safeguarding issue. The staff obviously need more training and perhaps more supervision if the problem was lack of experience (you said they were the youngest staff).

Feetupteashot · 02/09/2023 22:23

Yanbu but complain in writing first and or take her out of nursery
Albeit you may need to phone lawyer for advice on medical examination if u want to take it forward legally

cansu · 02/09/2023 22:23

I don't think I would be thinking about suing them. I would move her to another nursery though. Why didn't they take a changing bag??

Blessedbethefruitz · 02/09/2023 22:23

Why did they not just change her in the park? Plenty of people do it in the open/behind a tree/bush at our park (the toilets are grim).

Starlightstarbright2 · 02/09/2023 22:24

What do you hope to achieve by suing ?

for Me it’s a matter .. do you believe what has been set in place will happen again .

for me it is I would trust them or not if not move her ?

Marinerscove · 02/09/2023 22:24

oh, and maybe post this in legal too? There would be people much better qualified. x

Pastlast · 02/09/2023 22:25

That’s absolutely awful. I would report them to ofsted.

JennyForeigner · 02/09/2023 22:25

Report to Ofsted. That's awful and sounds horribly distressing for your daughter and you. Dirty nappies can really burn - I wish your baby a swift recovery and absolutely you need to take that further.

Fulltimeendo · 02/09/2023 22:25

Please don’t send her back there they sound negligent 😞 I hope she is better soon Flowers

cocunut · 02/09/2023 22:26

OP I work in a nursery and this is absolutely unacceptable. Neither myself nor my colleagues would ever leave a child in a dirty nappy as it's so unpleasant for them as well as us and the other children!
I would withdraw your child from this facility as soon as possible.

Original poster
atatotalloss4 · 02/09/2023 22:26

Oh absolutely she is never going back, I took her out there and then, emailing them the same evening it happened whilst sat in out of hours with my child to tell them as much.

I think I'm just so upset I don't even know what I want, but I'm so angry that this was purely negligence and not an accident. Totally preventable.

It breaks my heart to think they made her walk back in that state, she must have been so confused and sore.

I'm going to go into our solicitor on Tuesday I think, but I was wondering if even that is reasonable. I know they have self reported to social services, should I wait and see how that goes?

OP posts:
Truemilk · 02/09/2023 22:27

I have no idea regarding suing them but this is neglect, owners/managers should be taking it extremely seriously

BernadetteRostankowskiWolowitz · 02/09/2023 22:27

Surely part of their protocol is to change bums before they go on a visit out somewhere? And be prepared to change more during the course of the visit?

I dont think suing is the solution here - but I would want to know what their procedure is for external visits and nappy changes, probably let Ofsted know, and I'd expect a full refund for the days she isn't able to attend due to her being unwell because of it (I might even go so far as to ask them to replace any lost wages for time off I needed to care for her).

Hollyppp · 02/09/2023 22:27

I would be very upset OP. I wouldn’t sue but I would send all info and pics to ofsted

cocunut · 02/09/2023 22:28

I agree with PPs - wouldn't bother suing as unsure what outcome you'd be looking for, but deffo report to Ofsted. Also find out who your LADO is to file a safeguarding report.

HorsesForTenners · 02/09/2023 22:28

A quick Google of 'sue negligent nursery# bring up loads of results with free consultation. You can talk to a couple of those if you really want.
https://www.how-to-sue.co.uk/personal-injury-claims/how-to-sue-a-nursery-for-compensation

However... from a quick read of lists such as this it looks like as horrible as your child's sore is it doesn't really meet the threshold at which you'd be able to claim compensation

How To Sue A Nursery For Compensation - How To Sue

A helpful guide on whether you can sue a nursery for negligence following a personal injury. Please read our guide to learn more.

https://www.how-to-sue.co.uk/personal-injury-claims/how-to-sue-a-nursery-for-compensation

mynameiscalypso · 02/09/2023 22:29

I don't think you'd gain much by suing other than a lot of time taken up with it and stress. I would report to Ofsted though.

BakedTattie · 02/09/2023 22:29

Bloody hell that’s horrendous. Your poor daughter. Really good she is ok soon.

I would not let this lie. No way.

BakedTattie · 02/09/2023 22:30

*hope

Original poster
atatotalloss4 · 02/09/2023 22:32

I'll add a link here to a picture for context for those that want to see what I'm talking about, it's very hard to get a proper picture because she's so adverse to letting me touch her legs, but the sore goes around the back of the thigh again at about the same size as the viable part here. The link deletes in a about 10 mins as I really don't want it up long but I do need someone to tell me if this is as bad as I feel it is, I'm aware I'm her mum and may well be feeling too emotional over it all.

ibb.co/jGbhVtM

OP posts:
cutegorilla · 02/09/2023 22:34

I'm not sure about suing. I'd take legal advice on that one. I'd most definitely report to ofsted though. I would be raging if it were my child, so I understand that. Try not to act in anger though. Have a good think about what outcome you would like and how to go about getting that outcome.

Your poor little girl. I hope she recovers well now.

mynameiscalypso · 02/09/2023 22:34

It does look horrendous and looks so sore. Poor thing. Definitely report them. Suing is more tricky not least because I'd hope she'll make a very swift recovery and there won't be any lasting damage.

D1sc02000 · 02/09/2023 22:34

Contact the Local Authority and Ofsted. Include a written account and the photos you have as evidence. I don’t know what will happen if you sue, but from a safeguarding and moral stance it’s important this setting is inspected so that other young child are protected from harm. It’s terrible that your poor innocent child has been physically hurt by the negligence of this provider, I hope that you are able to take a stand and this safeguards other children. I wish a speedy recovery to your little one.