Active discussions

Help end medical misogyny. Sign our petition.

Help end medical misogyny.
Sign our petition.

Sign the petition

Please or to access all these features

Talk
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:
Curtainseeker · 03/09/2023 00:04

atatotalloss4 · 02/09/2023 23:09

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.

I imagine they want to meet you so they can fill in the ‘accident’ book and get you to sign it

so sorry for you and your daughter

why did they not take her nappy bag with them or any other child’s nappy bag?

Nogg · 03/09/2023 00:06

Sounds like a odd story.

she has nappy rash in effect. How can a rubbing nappy cause a deep sore.

just move nurseries if you are not happy.

we haven’t seen the actual injury but it feels like you may have got it out of proportion.
they only didn’t change the nappy!

evuscha · 03/09/2023 00:10

Nogg · 03/09/2023 00:06

Sounds like a odd story.

she has nappy rash in effect. How can a rubbing nappy cause a deep sore.

just move nurseries if you are not happy.

we haven’t seen the actual injury but it feels like you may have got it out of proportion.
they only didn’t change the nappy!

I did see the picture and it was pretty bad. Clearly not a case of “just forgot to bring a nappy changing kit to the park” put the poor child was likely sitting in it for a big part of the day. And OP was never informed until she found out herself. I can’t blame OP that a “formal warning” just doesn’t feel like enough.

grumpycow1 · 03/09/2023 00:10

gillefc82 · 02/09/2023 23:00

You could make a claim for personal injury on behalf of your daughter. You do not need a solicitor for this - you can file a ‘Small claim’ for up to £10k online. Depending on the amount you claim, the court fees scale up (max of £450ish). You will need to demonstrate loss, e.g. any costs you accrue changing nursery, costs for medication, cleaning/replacement costs for her soiled clothes, but with the pictures and if you can get copies of hospital records, you can show injury has been suffered by your little one, even if it won’t be long term/disabling etc.To manage expectations, you would be unlikely to receive a huge amount unless she is left with a scar.

The nursery will have Public Liability insurance in place and per the circumstances outlined above, I’d certainly say there is sufficient grounds to claim injury as a direct result of negligence by the employees. The nursery owners/management are responsible for ensuring any individuals undertaking duties for them are fully qualified/trained, equipped and appropriately resourced. If they are short staffed and corners are being cut/less experienced staff are being relied upon to provide care that is beyond their capability then they are at fault.

Having worked for a large, well known UK corporate and being on the receiving end of such claims, many of which were very spurious, I’m usually totally against the compensation culture, but in this case I really think you should consider it.

Hope she feels better soon.

Your poor daughter!! I would do this and claim for your lost earnings

CoffeeNeeded2019 · 03/09/2023 00:14

@Nogg having seen the picture it certainly wasn’t ‘just nappy rash’
it was a large red abrasion on the inner thigh, bright red and in no way resembling nappy rash

k1233 · 03/09/2023 00:15

I'd persue an action for negligence against the centre as well as the staff involved individually. It's not an accident. It is prolonged neglect. I haven't seen the pics but from the sounds of it, it's a friction burn caused by wet and rubbing.

Ponderingwindow · 03/09/2023 00:20

I can’t advise on suing, but I would not rely on them reporting adequately. You need to contact the regulatory agency independently.

westrg · 03/09/2023 00:25

I didn't see the picture of your DD however I have seen a child with the beginnings of a small abrasion on the inner thigh from a nappy. If it's large it sounds like she wasn't changed all day plus the walking won't have helped. It's shocking that they didn't take changing equipment.

It's also really bad they didn't inform you. They normally have a policy to inform parents of any accidents or marks the child may have had/got during the day. It's worth seeing if you can find that out.

I'd take this further as your earnings have been impacted by it. I'd also report them to ofsted.

AutumnMistletoe · 03/09/2023 00:25

Disgusting what they have done! Your poor DD. I hope she's feeling better soon. I would defo be making a formal complaint.
My first thought is ofsted but maybe citizens advice can point you in the right direction.
I missed the picture but from what I've read in the thread it sounds absolutely awful. Sending my well wishes!

Gettingbysomehow · 03/09/2023 00:25

I'm so sorry OP, I know what that will look like, I've seen sores like that. Very common on elderly people who self neglect, I work in the NHS, and also break out very easily if a child is left in that state for a few hours.
And of course they get infected because of the bacteria in the poo, this is a really shocking error for a nursery to make.
Sueing is an absolute nightmare and may not improve the nursery, I'd be more inclined to go along the route of reporting to safeguarding.

DiabolicalFinial · 03/09/2023 00:47

@atatotalloss4
I am so sorry for your little girl’s pain - and I echo the outrage from other posters above.

I just wanted to suggest that probiotics might help your DD’s upset stomach, either from yoghurt or probiotic powder. My child had strong antibiotics when very young, and it wiped their gut flora and caused gastro issues. It has been mitigated by use of probiotic powder since then, but it has had continued ramifications.

Sending positive thoughts - 💐

Keyworks · 03/09/2023 00:55

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Hollyisalrightactuallysorry · 03/09/2023 01:02

Nogg · 03/09/2023 00:06

Sounds like a odd story.

she has nappy rash in effect. How can a rubbing nappy cause a deep sore.

just move nurseries if you are not happy.

we haven’t seen the actual injury but it feels like you may have got it out of proportion.
they only didn’t change the nappy!

Try reading the thread

The nappy was full of wee when they got to the park. Her DD then soiled the nappy causing it to leak down her legs. This then caused rubbing when walking back in effect creating an enormous sore.

Doctors think it's bad enough to prescribe ABs and OP put a time limit on the photos as they were so distressing. Many posters including myself saw it and I wouldn't wish that injury on anyone

Give your head a wobble

OP, just echoing others that this is absolutely neglect and do make sure all reporting is followed up. I'd also encourage you to let other parents know if you can. I can't believe they didn't even tell you

7eleven · 03/09/2023 01:18

I am so sorry this has happened to your baby. You must be raging. Definitely pursue this and don’t be fobbed off.

I like to think this is very unusual, and I wouldn’t worry about trying another nursery.

unvillage · 03/09/2023 01:34

What time did she arrive at nursery with a full nappy, and did you advise at that time that she needed changing? That part seems almost irrelevant to be honest, if she arrived immediately before the outing and you didn't say "she has a full nappy" then that's not on the staff - sometimes it's hard to tell below clothing how wet a nappy is. If she arrived, say, after lunch, and they were planning this outing from 1pm-2pm, they should have checked all nappies beforehand.

They went out with what sounds like 8 or 9 children aged 2, which requires a 1-4 ratio. (unless I missed it, you don't say if all the children were 2 years old, but all 2 year olds would require a staff member on a 1-4 ratio) They didn't want to send a member of staff back with one child to change them despite the child having a soiled nappy.

"the youngest staff members" is your perception - be aware that someone aged 21 could have been working with children since they were 16, and another staff member aged 21 could be newly qualified (as I was!). There is a legal requirement for 1 level 3 in a room, and of the other staff 50% must hold a level 2 or above. That means there will legally only be 1 unqualified staff member caring for your child in a room with 3 or 4 staff. I don't think this is known to parents as well as it should be. Most of the people caring for your children are qualified. That does not however excuse what happened in this situation.

They honestly should have had adequate staffing for a child to need changing, or changing facilities with them. I worked in a setting with a forest school where soiled nappies were changed with a mat and screen and everything bagged up afterwards. You have to ask what if a child not in nappies needed the toilet on this outing? Would they just be left to soil themselves? A 10 minute walk from the nursery - that's from the children's perspective, right? A staff member could have carried them in less than half the time, if that's the case. Should also have had a phone on them to contact the nursery to co-ordinate this. Perhaps someone from the nursery could have come out or met them halfway. They shouldn't be taking children out if they aren't able to meet their needs, which includes a soiled nappy.

There is absolutely no excuse for a child being left in a soiled nappy for any time, let alone long enough to cause sores such as you describe, and I would report to OFSTED immediately.

lemmein · 03/09/2023 01:35

I haven't seen the picture OP but judging from the horrified posts from others I would say definitely speak to a solicitor. Your DD deserves to be compensated for the wholly avoidable pain she's in, and you too for the huge inconvenience of changing nurseries/hours. Poor baby Sad

unvillage · 03/09/2023 01:42

Nogg · 03/09/2023 00:06

Sounds like a odd story.

she has nappy rash in effect. How can a rubbing nappy cause a deep sore.

just move nurseries if you are not happy.

we haven’t seen the actual injury but it feels like you may have got it out of proportion.
they only didn’t change the nappy!

I truly hope you are not an early years practitioner.

No one working with children would read that story and dismiss it in this way. OP please believe me when I say that I and every other early years practitioner is horrified by the neglect shown by your story - I didn't see the photo but just by your description it is clearly not "just nappy rash".

Not all early years settings are like this.

Anetra · 03/09/2023 01:46

atatotalloss4 · 02/09/2023 22:34

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

Show quote history

I think I know the nursery … TP?
If so I know some dreadful things about it and yes they are extremely short staffed

Mamai90 · 03/09/2023 02:02

I don't have anything helpful to add but I have I a 22 month old DD and the thought if her being left like that cuts me deep. Absolute neglect from these staff members and inexcusable, they aren't fit to work with children.

Your poor little girl I really hope she makes a quick recovery.

Hollyisalrightactuallysorry · 03/09/2023 02:12

@unvillage I read the OP that her daughter arrived at the park with a full wet nappy. They didn't change her and she then went on to soil herself

But I may be wrong. And even if she did arrive at nursery with a full wet happy, that doesn't excuse the incident. I know that's not what your saying but I'm not sure questioning a very distressed OP and her role in this is going to help

LiquoriceAllsorts2 · 03/09/2023 02:55

It sounds like they have accepted responsibility and are investigating it so what will suing achieve? Focus on your daughter recovering not financial gain.

Beseen22 · 03/09/2023 03:20

I would prioritise speaking to whoever regulates nurseries in NI and the council over a solicitor. I used to live in a city where a school and nursery were closed down by Care Inspectorate on the day and were never allowed to reopen so if they have serious concerns they absolutely will act upon it. https://www.pressandjournal.co.uk/fp/news/aberdeen-aberdeenshire/1723159/company-behind-crisis-hit-private-school-in-aberdeen-is-finally-dissolved/

A formal warning is not appropriate. I am a nurse who is obsessed with skin integrity and personal care and I can teach anyone how to do x y and z skills but I can't teach people how to care and it sounds like these nursery teachers didn't care. There's no way you can justify leaving another human soiled, 'didn't want to cut the trip short' isn't good enough. It's neglect.

Company behind crisis-hit private school in Aberdeen is finally dissolved

The firm behind a crisis-hit Aberdeen private school has been dissolved more than five years after the school shut its doors. Hamilton School was closed

https://www.pressandjournal.co.uk/fp/news/aberdeen-aberdeenshire/1723159/company-behind-crisis-hit-private-school-in-aberdeen-is-finally-dissolved

JANEY205 · 03/09/2023 03:26

I haven’t seen the photo OP, but I previously worked in a nursery with the same age group and we would never ever have done an outing without all children having a fresh nappy first…so even if you dropped her off with a full nappy she would have been changed by us before heading out. If she pooped when out then we would cut the trip short as you cannot leave a child just in their own poo. I’m horrified they left her in it so long and made her walk back as it sounds like she had leaked?! How awful!! I wouldn’t sue but I’d absolutely report. I hope she feels better soon and you can get probiotics to help her little tummy!!

JANEY205 · 03/09/2023 03:30

DiabolicalFinial · 03/09/2023 00:47

@atatotalloss4
I am so sorry for your little girl’s pain - and I echo the outrage from other posters above.

I just wanted to suggest that probiotics might help your DD’s upset stomach, either from yoghurt or probiotic powder. My child had strong antibiotics when very young, and it wiped their gut flora and caused gastro issues. It has been mitigated by use of probiotic powder since then, but it has had continued ramifications.

Sending positive thoughts - 💐

Can I ask what probiotic powder you use? I need a new one for my little!! (Sorry not trying to derail thread!!)

Rosscameasdoody · 03/09/2023 04:11

Nogg · 03/09/2023 00:06

Sounds like a odd story.

she has nappy rash in effect. How can a rubbing nappy cause a deep sore.

just move nurseries if you are not happy.

we haven’t seen the actual injury but it feels like you may have got it out of proportion.
they only didn’t change the nappy!

Odd post. Why are you minimising this when OP has been more than clear that her child was left in a wet and soiled nappy for the whole of the outing, then made to walk back covered in the leaked contents ? She posted a photo of the resulting sore which was horrendous and clearly the result of neglect. Do you think the OP would have visited the OOH clinic or that doctors routinely issue antibiotics for simple nappy rash ? Or did you just not understsnd the issue ?