DS aged 4 assaulted in soft play

[summerpixie]

Ds was kicked between the legs by a girl aged approx 8 in soft play yesterday. Girl was most prob truanting and soft play complex staff weren't particularly bothered when I told them my son had been hurt.
I had to guilt staff member into talking to the child who denied it at first told her that her parents were outside of the complex and in a restaurant nearby and then said she did kicked DS
But by accident when she turned around (yeah like that is possible).
I questioned staff member as to of the kids had paid and parent details on the sign in sheet. She said she would check. Kids ran out of soft play and into arcade.
There was lack of staffing and nobody manned the kids area preferring to man the adult sections. I complained to manager who was dismissive and claimed it wasn't his fault he was short staffed and he couldn't do anything as the kids had gone.
I contacted HO and police. Police will investigate but kids most likely to get away with it as under 10.
Is there anything I can do to get soft play area prosecuted?
Sorry for the snippet I will elaborate if there is something I can do legally.
Many thanks.

A policeman told you he thinks the law needs to be changed to be able to prosecute an under ten for an accidental kick in the nuts?

PFB

Totally and utterly PFB

I think it is utterly ridiculous to want to take legal action against the soft play area. What will you achieve? With or without supervision, it is likely that your son would have been kicked anyway. Not that I condone violence, obviously. In these places, kids run around get excited and sometimes get carried away.

I know the girl has gotten away with truancy and assault . She is 8 FFS!

I think the most you can realistically do is complain to head office about the fact that the place is allowing children onto their premises without their parents. Such children are therefore unsupervised and there are bound to be safety issues regarding that.

It could have been an inset day which may explain why she wasn't in school.

I've always watched my dc like a hawk in those places. There can be some little horrors in them it's true, but I think it's your call to supervise your ds.

Your issue is with the girl's parents ultimately, not that it'll get you very far.

I've heard everything now.

I can understand why you are so upset - I would be livid if another child kicked mine and then ran off. But there's nothing you can do about that and I wouldn't have involved the police.

I would, however, expect the centre to take it seriously and not blame staff shortages for lack of rules, ie unaccompanied child, not signing in etc. They need to take some responsibility.

OP in most soft play there are areas you can't see, are you sure you DS didn't poke her or push her first? BTW am not condoning that she kicked him to maybe retaliate but some soft play can be like war zones at times.

you were sitting in the parent area.

did you actually see the 'assault' take place?
were you supervising your own child in the soft play area?

(i pointed out further upthread that the age for criminal responsibility is 10)

the person who answers the phone on the 101 number is not a police officer.

You do not know for sure she was truanting.

If you did not actually witness the kick then you were not supervising your child any better than the girl's parents were supervising her.

You did not see the kick so you cannot prove it was a deliberate assault.

Even if it was, she is about 8 and there is nothing that can be done about it, legally speaking.

The soft-play area will probably have signs up somewhere saying they cannot take any responsibility for the actions of individual children and it is up to you to stay with your child the whole time.

I am sorry your son was hurt, and it is an unfortunate fact of life that some children are spiteful little gits, but really - GET A GRIP. If this is how you react now, GOD HELP YOU when your child gets to school. You will be one of those mothers all the teachers avoid like the plague.

If this had happened at a council run play park would you start legal action against the council?

Do you have any adult witnesses to the "assault"? The little girl may well be telling the truth and it was probably an accident.

I would think that a written complaint to the soft play would be enough, they obviously need to tighten up their policies.

Agree unaccompanied children shouldn't be admitted and they were definitely at fault there.

I wouldn't have involved police, and you can't know that she was truanting.

By the way.

IIRc it's not assault. Assault is fear of immediate physical harm. If it was anything it would be battery.

I still would have contacted the girls school rather than the police.
If you think about it an 8 yo girl and other child/ren (I believe you referred to 'kids' earlier) were potentially roaming the streets with no-one but you and a few uncaring soft play staff knowing they were there.

You are going to be an absolute nightmare once your DC gets to school age. And the police guy is a git if he thinks the age of responsibility should be reduced from 10 - it's already among the lowest in Europe.

The only time I've ever complained at a soft play facility was when I came across a charged battery-operated drill lying on a table, left there by staff after some repairs. It was a soft play with a good reputation (was the place Brangelina took their kids when they visited Berlin) and they would have been knackered if a kid had picked it up and used it on, for instance, another child. I felt a complaint was justified then in the interest of public safety, but for a mere kick, naah.

what will the op do when her son is accused of "assault" at school or some such?

i agree that the soft play should be supervised but the OP took the decision to allow her son to play there knowing it was not. Her son is her responsibility.
this was not an assault.
this is the most whopping example of being ridiculous ive seen on here in a long time.

i think im out.

its not even a battery because the "suspect" is beneath the age of criminal responsibility.

You honestly think that an 8 year old should be held criminally responsible?

And yes, as others have said, enjoy it when there's nowhere for your kids to play as no one can be arsed with all the whingers who make mountains of paperwork for everyone else.

I don't use soft play areas for this reason Pixie there are always tonnes of kids who's parents don't care. I just avoid them and suggest you do the same. Yoou are responible for your own child in these places...same as if you went to a theme park or a playground. They have some responsibility but the events you describe would have happened even WITH a member of staff present.

Sometimes it would be worthwhile to read posts carefully for some of you. I did not want the law changed. I was not asking for the child to be prosecuted I wanted to know if there was anything to be done about the soft play area. I don't want money from them. Legal does not always involve money.
Was it a policeman I spoke to on the switchboard? I don't know. Things have changed since the introduction of 101 so I don't know of he was a policeman or not. It used to be switchboard then transfer to helpdesk Maybe you can tell me if he is a policeman or not vicar.
Essentially I want the complex to review their policies. Neither member of staff on duty thought it was important that the area was unmanned and that they had two older girls in there who had not paid and were without adults. I don't know how old the girls were I just judged them on how they compared to a friends dd who is 7.
DH has not gone in there to complain. The manager on duty was to apologize to my son as pre arranged with the branch manager.
I won't be replying anymore as I am going to spend my efforts on head office and not wasting anymore of your precious time.
Sorry I called 101 asking for advice and next time I call the police I will only leave it for dire emergencies.

Ermmmm .... Feel a bit sorry for the op. I think I'd feel pretty much the same in her shoes. Just saying.....

no assault, no battery, simply 2 children doing what children do. I would struggle to have given advice because it is madness,

there would have been no assault complaint lodged because there couldnt be due to the ages of the children involved and the nature of the alleged "assault".

it wouldnt even get as far as a bobby tbh. The call handler will have filed it.

Agree Vicar - that's why I said if it was anything it would be battery.

This is quite the most ridiculous thread I have ever ever read on here.

Kids play. They run about. They push and shove and kick and pinch and bite.

They're kids.

What would the OP do if she was like another poster who posted on here that her son had the hood of his expensive coat ripped off at school?

Or when this DS punches the current 4month old that she had in the buggy? Or throws a lego brick and hits the baby on the head? Phone the police and insist her child is charged and the age of criminal responsibility is lowered?

OP you were not supervising your own child adequately enough. My advice would be take your child home, get some bubble wrap and never leave the house.

In light of your comment about the law needing to be changed all I can say is I hope your ds never pushes, hits, kicks another child. I'm not sure how you would cope with that, surely your world view would crumple.

It can be very upsetting when our children are hurt by another child, particularly if that child is older and should know better. I don't however think calling the police and reporting an 8yr old for assault is a sensible reaction. This was a horrible experience for your ds but you as the grown up need to let this one go.

Maybe you want to write things a bit more clearly then, summerpixie. The way it reads is that you want the law changed.

Sorry if I don't have all day to decipher your words.