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 absolutely awful op, I feel for you and your little girl.

I would be demanding a face to face meeting with the manager and owner of the nursery. I would document your worries and everything that happened and want a full explanation of what the nursery did wrong. I would push for this meeting with both as they are both equally important here. I would point out the serious neglect and ask what teak if these members of staff have. I’ve found in quite a few private nurseries that there’s only maybe a handful of qualified staff with the rest going through training at the same time. It’s great that everyone’s getting trained and can work too but it really puts me off leaving a young child with them. My main concern is that the staff have been given a warning bur 3-4 months down the line then they will just forget about their warning and do it again.

Here in Scotland, we have the care Inspectorate who I would make a complaint too. Is it Ofsted or someone else who is in charge of it all? I’d find out and then be contacting them. I’d be emailing them a formal complaint of the nursery and how badly they neglected your child resulting in her getting injured. I would continually chase this up with them until I get a response in their next steps- hopefully they contact the nursery and might even do an inspection.

If then you don’t get any answers then I’d perhaps seek a legal advice on feb grounds that your child is injured and was neglected but would be my last Avenue.

edited because I’ve seen you’ve got a meeting on Wednesday- I wouldn’t sign anything until fully read and until you’re happy with it. If you don’t like the wording then don’t sign and even ask to take awah with you.

OP is in Belfast, Ofsted don't operate in NI.

This is horrific OP. Definitely report up the chain, I think the poster who said to refer to the Trust is right.

I would also consider writing to your MP and MLAs - it doesn't excuse the nursery, but the difficulties in recruiting staff and complete lack of government funding for nurseries here have directly caused this. The nursery likely can't afford to sack or suspend the staff members involved, or pay for more experienced staff.

My youngest had a preventable accident at nursery that resulted in a tiny minor burn. The owner took it incredibly seriously, the staff member in question was given a written warning (which we felt was actually a bit harsh as she was unlucky to be the one at fault, it really could've happened to any of them), changes were made in every room to prevent it happening again and everyone who worked in the room was called into a meeting and made to watch the CCTV. The brush off you're getting would worry and anger me just as much as the injury itself, which sounds awful.

I wouldn’t bother suing them as that process can take a very long time and a lot of effort.

Definitely report to ofsted, I don’t think a formal warning is good enough.

Had you already paid for the days you had to take her out? If so, I’d request a refund for those days, including the day of the incident, and maybe just let them know you are considering legal action due to neglect and due to financial losses.

As I understand it, you sue to get compensation..so what sort of compensation do you want? Are you having to miss work while she is out of nursery and that costs you money? Etc

I would make a formal complaint, make a safeguarding referral to the council, report to ofsted.

I will say though that if you threaten to sue, even if goes nowhere it may well make the nursery sit up and listen.

Probably worth thinking further about what you want as a resolution.

She would claim for pain, suffering and loss of amenity on behalf of the child. Any money awarded would belong to the child and, depending on the terms of the settlement, could be held by the court until the child is 18.

Im a social worker and you would have been referred to early help at the very least via the GP had you presented to the drs and been responsible for this.
At the very least this needs reporting to OFSTED.I was also contact the LA to see what they suggest.

You've got to remove your child from the nursery immediately. Report to ofsted and report to the local council. Also leave a bad review everywhere you can on any public forums for the nursery. Suing might be an option but I fear that it would have to be repeated incidents for the court to really action something. Parents talk, and the best way you can punish them for this is letting everyone in the local area know what happened. I'm in Chiswick West London and within a week every parent in Chiswick would know about this and the nursery would essentially be empty within a month....

From your original post when she arrived at nursery was her nappy full?

Your poor little girl.
As others have said it needs reporting - any post childcare GP/Hospital visit will need reporting to your LADO (local authority safeguarding officer), and Ofsted. I would want to know the qualifications held by the members of staff who took out all these babies without nappy changing facilities. It's just unfathomable. I'm a childminder and in 15 years I've only once forgotten to take a nappy bag out for a child who was almost completely potty trained. We edge home from the park literally 3 minutes after I realised she had soiled her pull up. No way you leave a child in that condition.

Going forward I would be looking at what you want to happen with regards to compensation. It would be perfectly reasonable to expect financial compensation for a) the time you paid for childcare and did not receive it and b) the loss of income for the 4 weeks post childcare ending where you have no childcare in place due to their negligence.

I'd suggest if you consider childcare in future look for a childminder, we tend to be older and more on the ball than lots of young nursery staff (I lost count of the number of times I've been at a children's centre with other nursery staff and removed babies from bad situations because the staff weren't paying attention)

A word of caution about suing - my son had a really awful injury when he was one. He was seriously unwell for a month and had side effects for many years. The legal case took SEVEN YEARS and was very stressful for our family - involving many medical examinations and I had to stand up and give evidence in court. We won and he got a 4 figure payout that is in a fund for when he turns 18.
But I don’t think the seven years of stress were at all worth it. Really had a negative impact on our family and my MH during that time.

I 100% would:

• Put in a formal complaint (read their complaints policy and make sure you and they follow it)
• Remove your child from the Nursery and demand any fees back for any childcare paid upfront.
• Report to OFSTED
• Report to LADO

I’d take the lead from your solicitor, it’ll help you work out if it’s doable and the cost

Your poor daughter.

At the very least they need to be reported to the local authority and Ofsted.

I hope you’re not a parent. Would you really be as dismissive if this was your child who had suffered physical harm at the hands of paid professionals?

The OP is obviously going to focus on her daughter but she absolutely needs to take legal action against that nursery. Their negligence caused her daughter to suffer serious physical harm. What about the emotional pain caused to the OP? She’s clearly been traumatised by this experience and is likely to have to change her job/working hours and re-think her career options in the short term until the child goes to school.

How is that relevant?

Are you suggesting that if a child arrives with a wet nappy then it’s ok to choose not to change the nappy for several hours?

@atatotalloss4

I’d contact the nursery on Monday and ask them to forward copies of any paperwork they want you to sign via email so that you can take it with you to your solicitors appt.

I’m guessing they want you to agree with their version of events and their proposed resolution and you should not sign anything until it has been read by your solicitor.

I also work in early years and I'm horrified by this! There are (or should be!) Qualified staff around at all times and as such they should understand the importance of changing children promptly... in fact you shouldn't need a qualification or your own children to know this was awful!

I would expect all staff involved to receive a warning, with the one in charge at the time likely being advised to move on.

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

You sound like a very kind and caring person, and I'd give yourself the credit for your daughter's manners and speech, not a negligent nursery.

I couldn't say whether I'd sue, but I would get legal advice from a proper solicitor (not a 'no win, no fee' charlatan).

I thought nursery for young children was a bad idea when my DC were born 25 years ago, and things have clearly not improved.

This. My son had awful reactions to not the nappy but wee and he has to be changed repeatedly on the hour or he was red raw and constant on prescription nappy creams.

because her nappy wasn’t changed she has an injury and now on antibiotics - that’s basic.

put what you have written to ofsted and ask to speak to the head of the nursery again

OmG your poor baby, my heart is broken for her and you. That must have been huge distressing for her. Have you other childcare options?
I'm sure the parents of the others in the class would be horrified too. I think the staff need more than a warning from management. That is unacceptable.

I'm making my way through the replies, I appreciate the understanding and kind words! I'm going to post the image link here again just for an hour, just so people who want to see what I have been talking about can do, and to put to bed the idea im complaining over a nappy rash! As I stated last time, she's sore and won't let me touch her legs so it's hard to get a proper picture but this sore goes around the back of her thigh about the same size aa what is visible here:

ibb.co/cXChCdG

The link is only up for an hour, I really don't want it online too long.

For those who asked, she was dropped off with a dry clean nappy, it was wet upon arrival to the park which they have admitted.

As for suing, I've never been in this situation before and naively didn't realise that the nursery need to be taken to account my the council / social services not a solicitor. But now im aware I will 100% be pursuing THAT route.

Thanks again everyone x

Hi OP, I haven’t worked in a nursery before but have worked in schools. Please do make a report to Ofsted and local authority. Submit all evidence- docs notes, pictures of sore and etc. Nursery’s/schools are “scared” of Ofsted and any recommendations they make will have be followed e.g. extra training. I wish your little one a speedy recovery and very well done for taking her out of the nursery.

No other childcare options other than a different nursery, which I just can't bring myself to do. I've reduced my hours immediately and me and her dad will be balancing childcare. It's had a big impact, not just how sore and sad she's been. There's no way I'd ever send her to any childcare again, as OTT as that may sound I just can't bear the thought of her being treated so cruelly even though I understand this is likely a rare occurance

@JANEY205 - I’m not based in UK, so the brand probably won’t be available there: it’s called Lifespace, and they have a complete range for infants through to capsules for adults. It is a non-refrigerated, dairy free powder (as my DC has a dairy allergy).

If you want to take it further I would complain to Ofsted rather than suing. Complaining to Ofsted will mean they investigate whether the nursery is safe for all the children. I don’t really see why you need financial compensation.

Definitely speak to OFSTED - that is an appalling injury that was totally avoidable.