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AIBU?

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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:
Original poster
atatotalloss4 · 02/09/2023 22:34

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.

This is really helpful. Can you tell me if a formal warning would be the right course of action for this do you think? I feel like the ones involved that made a choice to leave her like that shouldn't be working with children, but again, fully aware I'm her mother so of course I may well be OTT

OP posts:
Tumbleweed101 · 02/09/2023 22:34

Your nursery manager should be putting an investigation through LADO to investigate the circumstances of the incident and you can also inform OFSTED of your complaint.

In regards to sueing, I'm not quite sure how they might work so get professional advice. An investigation, as above, would need to take place regardless.

Truemilk · 02/09/2023 22:35

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

That's horrific 😥 your poor little girl

ManchesterGirl2 · 02/09/2023 22:36

Ouch! Poor kid. I'm not surprised you're furious.

HiCandles · 02/09/2023 22:36

That's terrible OP. And even without seeing the photo we all know it must be bad because a GP has needed to give antibiotics, which means a qualified professional feels it is either infected or very likely to be if not prevented. That's not a run of the mill nappy rash all babies get from time to time and easily solved with a bit of nappy cream.

cutegorilla · 02/09/2023 22:36

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

That's awful. Poor baby.

Mookles77 · 02/09/2023 22:36

To be fair, the staff involved have been formally warned. Taking legal action won't really solve anything and it's also highly uncertain as to whether there's actually any basis for litigation. It sounds like the issue is primarily one of poor management. You mentioned that the three members of staff who were sent on the outing were the "youngest", with the implication that they may also lack experience and/or adequate training.

As I'm sure you know, there's a crippling shortage of qualified personnel in the UK's nurseries at the moment, in large part due to the 'gift' of Brexit, and many institutions have been compelled to take on individuals who aren't well suited to the job. It's a shocking state of affairs and your experience is, sadly, indicative of the deeper systemic issues afflicting Early Years education. The government's forthcoming increase in the staff-to-child ratio is just going to make matters worse.

Original poster
atatotalloss4 · 02/09/2023 22:38

Mookles77 · 02/09/2023 22:36

To be fair, the staff involved have been formally warned. Taking legal action won't really solve anything and it's also highly uncertain as to whether there's actually any basis for litigation. It sounds like the issue is primarily one of poor management. You mentioned that the three members of staff who were sent on the outing were the "youngest", with the implication that they may also lack experience and/or adequate training.

As I'm sure you know, there's a crippling shortage of qualified personnel in the UK's nurseries at the moment, in large part due to the 'gift' of Brexit, and many institutions have been compelled to take on individuals who aren't well suited to the job. It's a shocking state of affairs and your experience is, sadly, indicative of the deeper systemic issues afflicting Early Years education. The government's forthcoming increase in the staff-to-child ratio is just going to make matters worse.

This rings bells because a few months ago they had to close the baby room because they couldn't get the staff. As my little one was just turning two they moved her to the next room up so she could stay on, but the new staff are all very young. I don't mean that in a derogatory fashion at all, although I know I probably sound horrible. I just mean to say im not sure they would have any experience or very little. And there were no senior members present when they were out at all.

OP posts:
MsCactus · 02/09/2023 22:38

That's a horrific sore OP - can you make sure all the other parents at the nursery know about it? There's safeguarding issues for their kids with such poor care, and I'm sure a lot of them will want to remove their own children from the nursery if you show them pictures of the sores and explain the situation.

I'm afraid I don't know the process to follow - social services need notifying presumably? But your poor little girl. Hope she feels better soon and makes a speedy recovery x

Clefable · 02/09/2023 22:38

Oh good grief, that's awful. Definitely report to whoever you can, I'd even consider the local newspaper if you find you aren't being taken seriously anywhere.

cheesetoastybut · 02/09/2023 22:38

Sorry that’s awful :( Suing - sounds like a lot of effort for you, not sure what you’d gain? They’re the last people you expect to have such a crap attitude. Definitely report to ofsted.

Truemilk · 02/09/2023 22:39

Mookles77 · 02/09/2023 22:36

To be fair, the staff involved have been formally warned. Taking legal action won't really solve anything and it's also highly uncertain as to whether there's actually any basis for litigation. It sounds like the issue is primarily one of poor management. You mentioned that the three members of staff who were sent on the outing were the "youngest", with the implication that they may also lack experience and/or adequate training.

As I'm sure you know, there's a crippling shortage of qualified personnel in the UK's nurseries at the moment, in large part due to the 'gift' of Brexit, and many institutions have been compelled to take on individuals who aren't well suited to the job. It's a shocking state of affairs and your experience is, sadly, indicative of the deeper systemic issues afflicting Early Years education. The government's forthcoming increase in the staff-to-child ratio is just going to make matters worse.

Even my 4 year old dd knows you can't leave a baby in a nappy full of poo. There's zero excuse for why those staff members left her like that.

Milkand2sugarsplease · 02/09/2023 22:39

You should absolutely raise this as a safeguarding complaint to the LADO for your authority which will be easy to find online.

That's a horrendous burn that could have been prevented easily. I hope she perks up soon with the AntiB's.
Will a cooled compress alleviate it for short periods for her - like the burns packs you get in a FA Kit? Even a damp flannel soaked in water and aloe Vera.

Jojobees · 02/09/2023 22:39

I have seen the pic and I am so sorry that happened to your little girl. It’s awful.
I think you might have legal recourse. I would speak to the solicitor but also want the nursery nurses charged with negligence leading to harm. There must be an offence there.

NowWhattt · 02/09/2023 22:40

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.

Yes to this . Ofsted one hundred percent and also LADO.

Report too to the Head office - over the management at the setting . You never know- they may try to cover it up, hence my suggestion to formally complain higher up. As well, take photos / keep written correspondence regarding the injury etc.

I am an ex Nursery Manager. This is disgusting. Your poor daughter and poor you. Hugs 💕

Original poster
atatotalloss4 · 02/09/2023 22:40

Thank you for the lovely well wishes everyone it's very kind. I've felt so sad for her since this happened, it's heartwarming you're all so understanding.

She's such a loving little thing, she's trying to be smiley and play but keeps stopping what she's doing and saying mommy cuddle, mommy I'm hurt etc etc. plus the two nights of no sleep (because she can't sleep) have rendered me somewhat over emotional and non functioning at this point.

OP posts:
MsCactus · 02/09/2023 22:41

Also, as pp have said, can you get in touch with a local paper? This is a really shocking story of poor care and I think it does need to go public for the sake of the other children there tbh

WildAlphabet · 02/09/2023 22:41

I wouldn’t sue but I’d report to both Ofsted and the LADO (council safeguarding). I’d do it because I’d want it seared into everyone’s brains so that it never ever happens to another child again.

ZadocPDederick · 02/09/2023 22:42

You would be perfectly reasonable to sue. Your child is entitled to compensation for all the pain and distress she has gone through, to say nothing of any long term effects. The nursery will be insured for this.

Anontocomment · 02/09/2023 22:42

While suing may not be the best course of action I agree that you need to make sure no other child goes through this.

As others have said, contact local SS and make sure the nursery have referred themselves. Also the CQC as it's a care setting; they will be able to advise and will follow up.

Sending you and your dd a big hug.

Seashellies · 02/09/2023 22:43

You won't get anywhere attempting to sue them, it'll just take up an inordinate amount of headspace and stress for you. It's good you've pulled her out I would have done the same, I would report to ofsted and the LA but formal warnings are serious for employees and seem like a reasonable response.

Mookles77 · 02/09/2023 22:43

atatotalloss4 · 02/09/2023 22:38

This rings bells because a few months ago they had to close the baby room because they couldn't get the staff. As my little one was just turning two they moved her to the next room up so she could stay on, but the new staff are all very young. I don't mean that in a derogatory fashion at all, although I know I probably sound horrible. I just mean to say im not sure they would have any experience or very little. And there were no senior members present when they were out at all.

Show quote history

Your concerns are perfectly reasonable, but there's not a lot most nurseries can do. My partner is an EY senior teacher and has been working ridiculously long hours over the past year and a half. It seems that it's almost impossible to attract semi-decent applicants to the profession, and her nursery is more generous in its remuneration than the vast majority of EY providers. It's an incredibly frustrating state of affairs and one that will only be resolved by some major policy changes. A lot of EY teachers are genuinely afraid that the changes to the teacher-child ratio will lead to an increase in accidents, or worse.

Lighttodark · 02/09/2023 22:44

I’m so sorry this happened to your child. Definitely contact ofsted asap. This is neglect

To complain about a childcare provider, get in touch with us at [email protected] or 123 4666 0300 123 4666.
If you complain, we will review the information you provide and decide what to do. We may carry out an immediate inspection, ask the provider to take action or work with other agencies to look at any issues.

IfOnlyOurEyesSawSouls · 02/09/2023 22:44

@atatotalloss4 your post has really upset me.

My 2DC are 17 and 15 but i would be heartbroken if this were my tot.

Im a nurse and what springs to mind is that if this were an adult in hospital or a nursing this would be a pressure sore as a result of friction and neglect.

Neglect . I will just leave that word there. I know what i would be doing .

( and dont forget many solicitors offer a free 30 minutes)

Hugs for you and your little darling.

ConnieTucker · 02/09/2023 22:45

WildAlphabet · 02/09/2023 22:41

I wouldn’t sue but I’d report to both Ofsted and the LADO (council safeguarding). I’d do it because I’d want it seared into everyone’s brains so that it never ever happens to another child again.

This. It looks so sore.