To consider suing nursery

[atatotalloss4]

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

What part of the ratios is not correct?

Forget suing, report to Ofsted

Maybe social services as well

This is awful.

I've got 20 years plus experience on childcare, both in nurseries and as a childminder before opening my own setting.

please take screenshots of all correspondence and the pictures posted of the outing.

only junior staff on an outing rings alarm bells. Who there had paediatric forst aid training? I'd want to see a copy of the risk assessment for the outing. (One had to be done every time you leave nursery)

make a factual, chronological timeline of events.

please please lodge a formal complaint with OFSTED, and the local safeguarding facility. Here it would be the local authority. Not sure in Belfast. This is horrendous neglect and needs serious action to be taken to make sure it doesn't happen again.

This is all incredibly helpful, I've screen shot this to take with me, thanks so much.

Not one point you've raised was handled correctly, they didn't do a single one of those things.

I've just looked at the pictures again there are 13 children, and 3 adults. I believe my child is the youngest at just turned 2, I believe the others to be 3. I'll be asking about their qualifications with great interest as they are all very new to the nursery within the past 2-3 months.

Thanks again for this post, a wonderful help.

I'm England the ratios do not legally have to change when out of the setting but it is the nurseries responsibility to ensure the outing is risk assessed and ratios changed dependent on safety, hazards etc...One of the staff members MUST have first aid training.

Failure to complete an accident form is a clear breach of policy as your child has suffered significant harm while in the nurseries care that has resulted in medical assistance and affected their day to day activities and wellbeing.

If the other children are older it changes things slightly. The ratio for 3-5 year olds is higher. Also, if any of the staff are qualified teachers they would be able to supervise more children. This is doubtful from what you have posted though.
I must point out this is correct for England where I live and I last completed safeguarding training in April this year and I have worked in early years since 2007. I do t have knowledge of the laws in Belfast though so do please double check anything I have said.

Also, as a nursery manager myself, I would have DEFINITELY rang you as soon as this incident was known to me. A proper accident / incident form should have been completed. The staff members would all have received a formal warning and further training to ensure this never happened again. Although, I'll be honest, my staff would have never allowed this to happen. It was bordering on neglect.

Your poor little girl. As the mother of a little boy who attends a nursery, I would be apoplectic if he was injured in this way. All the very best for getting some justice.

I'm astounded they took 13 children to the park without any changing stuff!

Hope your little girl is feeling better soon OP, and you. I have a daughter the same age and the thought of it is so upsetting x

OP, early years providers in England have a document called Early Years Statutory Framework that outlines the standards of education and care that a provider has to adhere to. This includes safeguarding, ratios, qualifications and outings. It is due to be updated from 4th September. Please have a look if you have an equivalent to this in Ireland which will help you prepare for when you speak to the nursery.

You must be so angry, I would be calling social services, council ofsted and anyone else who will listen. Those people.shouldnt be working with children, and to cause injury to a child in their care should be fully investigated by the nursery.
The nursery has a duty of care to your daughter and didn't uphold that, not sure how far will get with suing, but I'd be doing it in your shoes too.

This is utterly horrendous. I had a less major thing happento my DD age 2

• but along the same lines.

A poo was left in my daughters nappy and I was called to come and collect as the skin around her bum was bleeding I kept her off nursery and took her to the doctors. I complained in writing and I got an apology but not much more.

However to get this issue physically resolved (ie healed) took nearly two months as it continued to be exacerbated by any wees/poos and we used antbiotic cream and anti fungal (not at thr same time) all prescribed over this period. Yellow metanium wouldn't come close.

In the end we got some PRO SHIELD barrier cream which is used for bed sores At the time I complained but didn't go any further and I really wish I did. Your situation feels much worse so whatever the escalation route should be in this case - then it should be followed.

Heart goes out to you - it's awful to see this pain over such negligence.

Hi op I'm a Social Worker based in Belfast, first thing Monday morning ring the early years team and ask to speak to a Social Worker. Early years for Belfast is (028) 950 42811 based in Everton complex. You can also contact the Gateway service who can investigate on 028 9050 7000 based at forest side.

I would contact early years first for advice on this and ask to raise a complaint. I didn't see the photos but it sounds horrendous and complete neglect. I hope the meeting during the week gives some answers.

@Stormyinacoffeemug, ratios don't have to change when on an outing.
Also 1 need to be level 3, then 50% of rest must be level 2 or above. So 1 x level 3 and 2 x level 2s is perfectly legal.

I'm not defending the nursery in any way, what they have done is unforgivable, but want OP to get her facts straight so it does not detract from the actual complaint.

@Philosopherstone absolutely this.

This is fantastic help thank you ever so much. I'll attach the picture once more, for an hour and I hope you see this in time as I would massively appreciate your input once you've viewed it, your opinion would be greatly appreciated.

ibb.co/FJ2R3n2

Goodness your poor child. Not an expert in this area at all however, just wanted to say keep a log of all financial losses you are incuring from the point of the accident till your child is better or probably beyond. That is important if you are going to be consulting a solicitor as they form your financial damages.

Anything from buses to hospitals or food while you are there, to getting private emergency care for your daughter or taking unpaid time off of work to getting private cafe for your child for example. Keep receipts and proof and write it all down, something like excel if you have it but however you do it be thorough.

Hopefully your daughter is right as rain quickly but keep logging till you are both back to your normal pattern resumes. You are incuring costs as a result of the nursery's action and that is what you will be claiming for on the nurseries insurance.

This is appalling and you are not over reacting at all
Poor little soul
Will the GP report as well?

OMG 5 hours!!!!
That is disgusting (I can’t find another word that shows my horror)
If that was my wee one, I would b heartbroken that they had been in pain for so long. Bad enough it happened but u should have been contacted as soon as it was discovered. Manager should have phoned, she cant just put blame on others for not telling u at pick up. U should have known way before that.

How is your little one today? Id be getting medical advice as well, even just to have it logged on her file there as well as going down the social worker route. They also may have a topical cream or something that might help her be more comfortable and heal quicker

I'd be contacted social care for a safeguarding referral, making a formal complaint to ofsted and removing my child.

Definitely take it further, that is utterly disgraceful!

OP quite clearly wrote in her first post that she's seen the GP and got antibiotics prescribed. What part of that sounds like she hasn't already got medical advice?
RTFT (or even just the opening post!!)

I’d sue their arses off, those workers need to lose their jobs.