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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Son damaged window

44 replies

absolutelyred · 01/07/2013 19:35

Hello, please can any one advise me, my son was told to play football in a hall at youth club because it was raining. He was playing with other kids and kicked a ball that smashed a window. They are now saying i need to pay for the window but i have no money, does anyone know the legal position on this? Do i have to pay?? Thanks

OP posts:

AgentProvocateur · 01/07/2013 19:37

Morally, yes. Legally, I'm not sure. How old is your son, and how much is the replacement window?

Original poster

absolutelyred · 01/07/2013 19:38

Hes only 10 and it was an accident, they were not supervised by an adult

OP posts:

Original poster

absolutelyred · 01/07/2013 19:39

They want three hundred pounds...

OP posts:

Helpyourself · 01/07/2013 19:42

Who told him to play there? I'm not sure you moral duty to pay.

Original poster

absolutelyred · 01/07/2013 19:44

the youth workers there had told them to play in the hall because of the rain, the window had already been cracked previously...but only broke with the ball

OP posts:

Methe · 01/07/2013 19:46

If you can afford to pay then you should. If you can't though, you can't can't you. What else are you supposed to do?

They will have insurance.

Wereonourway · 01/07/2013 19:46

Surely if he was told by adults in charge of youth club to play there then they are responsible??

Wereonourway · 01/07/2013 19:47

And 300 quid!? Is it a stained glass window?

Original poster

absolutelyred · 01/07/2013 19:48

Thank you, im so worried about it, they were very agressive with me, i earn less than £9000 a year and things are really tight

OP posts:

fridayfreedom · 01/07/2013 19:48

If he had been told to play in there and the laders knew they were playing football then they took the risk that damage would have been done.
If he did it deliberately then yes, you have a duty to pay but if it came about in an organised game then no you don't.
Three hundred quid...how big was the window???
The youth club should carry insurance to cover this. If they don't , they should as should all youth organisations.

VivaLeBeaver · 01/07/2013 19:49

If he'd decided by himself to play there then yes I think you should play. But if adult workers told him to then no I don't think you should. As responsible adults they should have realised that this might happen.

And surely they have insurance, yes there may be an excess but I doubt its £300.

Original poster

absolutelyred · 01/07/2013 19:49

They are really hounding me about this and i cant afford a solicitor, they are threatening me with court... if i dont pay but i cant

OP posts:

RhondaJean · 01/07/2013 19:50

I wouldn't be paying as it was a genuine mistake and they should have insurance which covers it. Please don't stress. I've managed lots of youth work programmes over the years and would never have expected a parent to pay in these circumstances.

VivaLeBeaver · 01/07/2013 19:50

Legally they wouldn't have a leg to stand on but to be honest I doubt they'd take it that far.

If I were you I'd respond by way of a polite letter. Saying that you've taken advice and in view of the fact he was instructed to play there you do not feel it is your responsibility to pay for the accidental damage.

Original poster

absolutelyred · 01/07/2013 19:51

I asked about the excess and they said no it was none of my business and they want it all. Also it was cracked previously, i think its unfair and my son is having nightmares about it

OP posts:

RhondaJean · 01/07/2013 19:51

Who runs the youth club?

Startail · 01/07/2013 19:52

I'm certain the youth club or the hall will have insurance. If they don't they should have.

SoupDragon · 01/07/2013 19:52

I don't think they can threaten you with court as it wasn't you who broke the window.
I don't think they can threaten your son with court as he is only 10.

Wereonourway · 01/07/2013 19:53

I think that's absolutely unacceptable op. they certainly shouldn't be aggressive towards you.

Either ignore ignore ignore or play hard ball, ask to see their policies and procedures, risk assessments and activity planning.

If you are certain adults allowed them to play there then stick to your guns. If you have already apologised and told them you cannot afford it they are being v unreasonable if you ask me

VivaLeBeaver · 01/07/2013 19:53

Call their bluff. Tell them to take you to court, honestly they'd be laughed out of court.

I hope your son wasn't injured by any broken glass? I'd be asking them questions about whether they thought it was a suitable environment, can you see their public liability document, had they done a risk assessment? Put them on the back foot by giving them some grief and making them sweat.

Tell them you're not paying. That you consider it the end of the matter. They either need to shut up or take you to court and if they continue to harass you that you'll be taking advice.

Original poster

absolutelyred · 01/07/2013 19:54

Thank you all for your kindness, i dont feel so alone now, I will write and state about the accidental damage, and try to sort it out that way. I feel so ashamed i have no money and they were really condecending about that part of it

OP posts:

NotDead · 01/07/2013 19:56

nope. inappropriate supervision.
injury to feelings
health and safety concerns
investigation needed
internalvreview
adjusted procedures.

Ask them for accident report. ds should have signed report.

if no report. contact their insurers and other parents re avoidence of correct legal procedures.

raise safeguarding issues.

mention closure of facility during investigation.
mention expense and cost of negative pr.

Teach the idiots what happens if they go legal

Original poster

absolutelyred · 01/07/2013 19:57

My son ran home accross two busy roads and was hysterical and having an asthma attack when he got home... when i went to see them they were very agressive and wanted me to pay on the spot. Its under the youth club association but they werent helpful when i rang them and said its down to the individual club...

OP posts:

VivaLeBeaver · 01/07/2013 19:58

Don't be ashamed, £300 would be a lot to find for most people. I wouldn't mention your lack of funds again as to be honest its irrelevant.

You need to make the letter focus on why the cost isn't your responsibility, not make it sound like the focus is that you can't afford it.

Good luck and don't let them bully you. CAB might always be good for advice if things get sticky or post back here.

ItStartedInRome · 01/07/2013 19:59

A 10 year old child cannot be held legally responsible for a broken window. Presumably he has no assets to cover the value of the window. You are not legally responsible for this. You have no legal obligation to the youth club. They could not possibly take you to Court as it would cost more to issue and pursue proceedings than the value of the sum they seek to recover. Write a letter saying you are concerned at the lack of care they have taken leaving your son unsupervised. Sorry they are unfairly hounding you.

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