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

This is horrific. Your poor child.

Is the nursery part of a chain? If so, I’d be demanding a meeting with someone further up the chain of responsibility in terms of safeguarding/welfare and to ask what they’re going to do about it and put things right for your child.

I’m not sure legal action would succeed. I had something happen to me (life threatening) as a result of negligence of a company but it wasn’t “serious” enough to have a reasonable chance of success in court, which shocked me. It’s a complicated area of law.

All the best to you and your DC.

You absolutely need to take this further, but I am not sure you have a case for suing. They need to be reported to Ofsted and potentially shut down if they are found to be negligent and putting children at risk. But I don't think there is a case for financial compensation.

Your poor baby, hope she is better soon .

Sorry, yes I'm in the UK! You've made me think now when she started saying mommy and not mama but I've no clue where she picked it up 😂 we are in Belfast and even though I've an English accent she's picked up a baby Belfast one and everything sounds so funny to me from her, it's such a strong accent on a little person it almost doesn't fit lol

What in the flying fuck?!

I’m so sorry that happened to your daughter and it’s absolutely unacceptable.

I’m glad they’ve received formal warnings but agree it’s not enough. However, not sure what outcome you could achieve by suing.
Perhaps speak to a solicitor and see what your options are, as they might have a better idea of what could be accomplished.
Alternatively, go higher up and push for these frankly abusive members of staff to be unemployed ASAP. Local authority/OFSTED route.

Best of luck. Don’t take this lying down.

Op I am so sad & horrified to read this. I haven't looked at the photo but it sounds so terrible. I used to manage a nursery & this is totally unacceptable.
I don't care how young or inexperienced the staff may be this is a safeguarding failure. Lack of qualified staff is not an excuse for poor practice, it indicates an urgent training need if nothing else.
I would have expected nappies to be checked & those children who are not in nappies to be encouraged to use the toilet before setting off.
I would have expected nappies,wipes etc to be taken along with first aid kit, and emergency contact details as a matter of course for any trip outside nursery.
You have informed the manager & you should contact your Local Authority, Early Years Department & Ofsted. You can also inform the directors or trustees of the nursery, depending on its management structure.
I hope your daughter makes a swift & full recovery.

Generally speaking, legal action is only really possible if you can prove either financial loss or lasting trauma/effects.

the financial loss is going to be tricky because your daughter isn’t losing earnings, although you are but there is an element of choice to that. The lasting effects might be scarring (I haven’t seen the photo), and you may feel some degree of trauma about leaving her in other settings, but she’s unlikely to.

the best action is to report to ofsted and the LA and go from there.

this is pretty horrifying though. I couldn’t believe what I was reading!!

This is ridiculous. I don’t even understand how they let this happen?! I have a 2 year old who just started nursery a day after her birthday back in May. She’s non verbal and I’d be so furious if her nursery allowed this to happen to her.

It’s even worse that no one called you or even let you know. What the hell are they playing at? The staff receiving a formal warning isn’t enough. Absolutely take it further. I’m sure you could sue with a no win, no fee solicitor but I’m not 100% sure.

Poor baby is in pain, can’t sleep and on antibiotics for what? All because they didn’t change her nappy and made her walk back to the nursery knowing that she’d soiled herself. Absolutely disgraceful. Fight all the way for her OP. Sending you hugs x

The nursery is an independent, and held in very high regard across the board. They have only been open a few years but were full from very early on. I can't fault them educationally either, until now I've been so happy and the baby always bounded in happy to go and see everyone.

I'm very torn between wanting to do right by my daughter and being realistic in what I can actually do. But looking at how sore she is still I just can't accept a warning for those who did this to her is enough. I will speak to the solicitor and see what they think. I have to meet the nursery on Wednesday and I believe it's to fill out paper work to go to social services, but it's all been left very vague and dismissive.

This is utterly unacceptable.

You need to formally pursue all legal options available to you; you need to sue in order to drive the message home, and this 'nursery' needs be be shut down with immediate effect.

You need to consider your own position, obviously, as I certainly wouldn't trust anyone else with my child's comfort and health, having had thus awful experience. You need to pull her out of this sort of neglect.

You can only be sure if you're doing it yourself.

I would in a heartbeat.

That’s so awful, your poor little girl. I don’t know about suing them but definitely agree the action they have taken is not enough. I would want to feel like they are taking it very seriously and investigating thoroughly. Sorry this happened it’s awful when you lose trust in the people who you have to leave your child with.

but I don't want to send her anywhere, there are other nurseries locally but I don't trust anywhere to be kind to her and show even basic dignity and care.

And this is why I couldn't relinquish the dcs - that which is most precious to the care of others. I'm sorry this has happened to your little dc op. I've also heard of another awful incident occuring at a local childrens nursery. It makes me shudder.

It’s incredibly sad how much downright neglect goes on at some nurseries 😢

This is terrible I'm so sorry this happened to your dd. I hope she makes a quick recovery. I'm not sure about suing but I'd report to Ofsted and make sure that as many local parents as possible know about why your have removed your dd.

I'm thinking from a parent's point of view, if I got short at the park without a nappy and my DC had pooed, I would probably have removed the dirty nappy and cleaned them up as best as possible, leaving them without a nappy on unde their clothes. Rather than leave them in it for an hour and to walk back, chafe and get sores. They've done nothing to try to help your dd. Complete neglect. Or if they forgot a changing bag, it happens, either cut the trip short or phone the nursery and get a member of staff to bring a change to you. Ask other parents in the park if they have wipes and spare nappy, go and buy wipes at a nearby shop. Literally so many thing could have helped this situation from getting as bad as it has.

This is disgusting. I haven’t seen photo as deleted by the time I read thread. U have to report them to Ofsted, Care Commission or whoever oversees nursery’s where u live. If this has happened, I wonder what else has or could happen next. Sending hugs for u and ur little one.

Personally I would report to ofsted. I would say that is neglect. They should have taken nappies with them. I’m not sure suing them will get you far but I would want to prevent similar happening to others. Years ago I worked in nurseries and there was a lot of young staff. I have never sent my own to nursery I chose preschool/childminder. Maybe a childminder may be a better option.

I wouldn't sue but would report to anyone and everyone I could. I'd also be telling every single parent I know at that nursery, setting a WhatsApp group up and getting people to add others etc - I'd share the photo and explain in detail what happened. You never know you might get some shocking stories back! Basically I'd want to make sure everyone who was or was planning to send their children there would know about it.

FYI I don't think you AIBU at all. There is a nursery in my town that was outstanding at Ofsted for about 15 years and was the 'must' nursery for everyone. My friend sent her child there and the stories are awful, she come home covered in dried sick etc. A month later, unacceptable Ofsted rating.

I don't think a formal warning is enough either...if they are senior enough to take 8-9 kids to a park, they are senior enough to know that a dirty nappy for that long is a health issue.

The fact that nobody told you about the sore as well is horrendous - and points to a huge issue at the nursery of covering things up in my opinion.

Horrible thing to happen but agree with PP, that OFSTED/local authorities are your beat reporting option, not suing. Unless of course it’s money you’re after rather than actual changed practices for other children in the future.

I know I would be speaking to a solicitor. Good luck.

Like I said, the OP needs to find a way to care for her own child since their outsourced care is now, post Brexit, etc, so precarious.

I get that the OP recognises that the staff who went out on that outing were the youngest, least experienced; but we're apparently 'okay' with that.

Til we aren't. 🤷🏻‍♀️

I previously said, more or less, 'sue'; but don't.

Find a way to look after your child yourself. It's the only way you can be sure in these understaffed, under-qualified out-sourced times.

Hi op, havnt aren’t he picture but sounds very neglectful. Have you contacted the social services early years team yourself regarding this or relying on nursery to do so? I would contact them and forward photos etc and also ask the nursery for a copy of their complains procedure and safeguarding procedures- so you can ensure the highest person in the nursery was defo made aware. I don’t understand why you would speak to a solicitor regarding suing ( personal injury?) I think that this would across very grabby and take away from the priority of ensuring the regulator ( early year team) is made away and the other parents etc.

@Mariposista having reported a safeguarding concern to ofsted in which our child was injured , i can honestly tell you i wouldnt trust them for a second .

They are very good at hushing things up.

Picture is no longer available for whatever reason.

I didn't see the photo as just come on to this thread. Sounds horrendous and must be a burn from the ammonia? As someone else has advised I would go to the CQC as they are usually really good and may insist on an ofsted review even if they are not due an inspection. I would not be happy with just the staff being spoken to. Why did they not take spare nappies/wipes etc with them? Surely for 2 year olds in nappies then they should have had these with them. I would be furious and I am on your behalf! x

@Fordian The poster said she was only leaving it up for 10 minutes. I have just come on to this thread and I have missed it too.

Completely agree with this.