Broken leg at nursery - only reported internally?!!

[MummyNic]

Hi

My toddler broke his leg by falling off the bottom step of a climbing frame at nursery just 2 days before his 2nd birthday. Aside from the the inconvenience it caused there are many factors I am unhappy with.
The nursery played down the injury - said they thought he'd hurt his knee, couldn't put his leg down, but had tried to crawl to go & play... They suggested I might want to take him to the GP.
I had a nightmare journey to get to nursery and turned up 1 hr 20 mins from original phone call. Upon arrival J was cuddling his keyworker, crying. I took J and asked her if he'd been crying the whole time, she said 'on & off, yes'.
The manager came over while I held him and she said.. hmm looking at his leg I'd say it was his leg now...
I took him to A&E - broken leg...

I have become unhappy at a couple of other things the nursery (Outstanding in Ofsted report) have done lately and have registered him with another nursery - he starts in Feb.
I am going to write an almighty letter of complaint..
That aside.. They said a carer was right behind him as he climbed the step (which is 30cm off the ground!) and he 'fell badly' - if she really was behind him, how did he even fall?!!! A 1 year old (ok, almost 2) should have been helicoptered by the carer as he climbed (or am I overprotective?!!) - I really fail to see how this fall could have happened if she had been where she said she was.
My DH went to pick J up the other day - J was sat in a Cosy car, no socks on (he'd soiled his only pair - bad mummy for not have replenished his bag), in -2 temps, 2 older children were climbing the climbing frame - 2 staff in the garden, opposite side of where the frame is (and J at the time), talking.
Now I'm no dreamer, staff will stand together, staff will chat, but if one of those children had fallen what would they say?!!!
I also accept accidents happen..

Brief chat to Ofsted - Nurseries only have to report serious accidents if they (or ambulance) takes child to hospital.. If parent takes child then it's just reported within the nursery's own system!!! WTF?!! So I wonder now... Is that why they played the injury down? Took advantage of a non-talker (as such)?

I am FUMING!!! I am getting so worked up I can't sleep (hence the silly hour I'm writing this at!) and I'm starting to think some legal advice is in order..

Who can I report this incident to?!!

Don't know what to say about most of this - sounds like there's quite a lot you're unhappy with BUT you are wrong to say that the accident couldn't possibly have happened if the carer had been standing right behind him. My own children have fallen (and in one case quite badly, resulting in a nasty gash to forehead) when I have been right there behind. I felt terrible and still to this day, can't understand how I didn't manage to catch him or at least break his fall. Accidents can happen so quickly. But sounds like you are unhappy about other stuff too.

Ok. Firstly sorry to hear that your Ds was hurt and i hope his leg gets better soon.

in all honesty I would have expected the nursery manager to be there with him when i arrived (i.e sitting monitoring the situation). I ama nursery manager by the way.

With reference to the accident these things do happen and i have seen children come in to nursery having broken bones at home when their parents was shadowing them.

They should be completing a RIDDOR report for local council as any accident resulting in broken bones (except fingers and toes i think) needs to be reported.

You sound very unhappy with the nursery and that has to be your guide, if you have no trust in them i can see why you don't feel that the accidents couldn't have been prevented.

Have you had any contact with them since, how have they reacted?

dribbleface is correct. I think their reporting is insufficient - RIDDOR report should be done for an injury resulting in a broken bone. That's a H&S requirement regardless of nursery or Ofsted policy.

Hope he heals quickly, poor thing.

Thanks. I was pretty forgiving at the time as I know accidents can and will happen. He is still at nursery but there has been no more mention of it! He's out of plaster now but still can't walk properly.
The reason I am doubting their story is due to recent events concerning his move from babies to older room. I won't go into details but the manager said they would take care over the move as J is a sensitive boy who will find change hard... They haven't made it at all easy for him, no cuddles, no attention, just serve your own breakfast and sit at an empty table!!
Appreciate it sounds minor but J has been in floods of tears for 3 weeks yet they continue to ignore him when he arrives at nursery, it's heartbreaking when the manager is aware of his emotional needs!!
So with all that taken into account I have to move him. It's a shame because the baby room is exceptional and I love the staff as much as he does!!
I think they hide behind Ofsted's requirements regarding buffet style breakfast and the free flow play. I rang Ofsted's and they do not expect a young toddler to serve themselves... Yet the nursery does!! Lol
I am going to grill them about their reporting procedure tomorrow, I really cannot see how it can go unreported!!

MummyNic - to be honest sounds not a very nice place. And as for them not mentioning it since, thats outrageous.

They will have a H & S poster on display somewhere that will include the name of the person responsible, also local contact names. Ask to see it.

Thanks dribbleface, appreciate your advice. I'm going to ask for a copy of their report into the accident too. I'm going to do a simple notice letter and then issue war & peace when he finally leaves, don't want them to mistreat J due to bad feeling with me & Daddy. I'm on the committee too, but expect I won't be very soon!!

MummyNic - it does sound like their reporting is bad and that you should complain. And the handling of his move to the toddler room suggests it really isn't the best place for your DS.

However with regards to what nursery did in the immediate aftermath - it may be that they truly didn't realise how serious it was, rather than just downplaying it. My DS broke his leg aged 9 months (I slipped down the last few stairs while carrying him and banged his leg) and it took me 12 hours to realise he was actually in pain and needed to see a doctor and then my GP didn't think it was more than just bad bruising and was really shocked when the x-ray came back with it broken. He then broke his arm in a playground fall when 18 months old, cried a bit then got up and ran around and we only noticed there was a problem when he wouldn't use that arm to help himself when climbing the stairs that evening. Both times he had cried but got over it quickly with hugs and got on with his day, and at that age they just can't articulate pain. It did make me wonder if they feel pain differently to us, or just don't have that inbuilt fear of pain so just work out strategies to work round it to minimise the pain.

To this day I feel guilty that both times we didn't realise how serious it was, but there was no way we could given his reaction and it took a good few hours each time for it to become apparent that it was more than just a bump and needed seeing to.

So they may genuinely be telling the truth on that - that he carried on playing and just cried on and off but wasn't in obvious pain. So I would perhaps not make so much of that when you make your complaint as it is quite possible the day did pan out as they said and they didn't really realise how serious it was.

Best wishes to your DS. If it is any consolation, he should bounce back well - my DS has done both times.

Thanks meg. It's kinda the reverse in this case. J never cries and it was his reaction as well as not being able to put leg down that made them ring me. He was a mess when I got to him, they were all clearly worried and deep down I think everyone knew it was serious. I just wonder if they did it this way to keep it in-house. I hope it wasnt but I'll never know.

Thank you xxx

oh i see. poor boy :( and poor you. hope the move to the new nursery goes well as it sounds like the best thing. fwiw i think you're doing the right thing questioning what happened and raising them as issues - if nothing else it may make them realise they need to react better in future should another child have a similar accident (although obviously i hope nobody does!)

That's how I feel, last night I got myself all worked up and was considering legal action. My sensible head says the best I can do is get them to give info to parents regarding room change, daily routine sheet and, most importantly, tell the truth to parents about a child crying after injury and not be afraid to suggest ambulance to get the child pain relief ASAP. Whilst they might not want a parent panicking or driving like a maniac, sometimes it's necessary!!

I do feel for your DS but accidents do happen and they maybe genuinely didn't realise how bad it was.

I doubt they would have tried to play it down to avoid reporting as they would know that this would more than likely lead to a complaint. If they have an excellent OFSTED report as well it sounds like there isn't a known issue with the nursery. Again if they have a history of doing this they would again more than likely have complaints against them which would be investigated.

Agree to an extent but this nursery is only a few years old. There has been a large staff turnover (including a complete change of management), no bad thing as each change tends to bring improvement. My problem now is the room change which has not been handled in any way like the manager said it would be. :-(
Regardless, my DH and I are withdrawing him, but I must make sure I query the report and who has had sight of it. I am aware of another parent who took her DS out and she's made sure the contract-person (we provide the building and let the contract out for the actual nursery) knows why, I'll be doing the same. I don't have a vendetta against them, just valid (if slightly irrational!) concerns.

mummynic have you made a complaint to ofsted? As far as I am aware both ofsted and the health department have to be informed of any serious accidents resulting in a hospital trip.

Sorry, just read the end of your post.
Ummm..... How about speaking to social service or an accident solicitor?

what will an accident solicitor do??? Accidents DO happen, yes, not handled well by nursery but parents did not take child straight to A+E as they were not sure either.

Well if the nursery deliberately tried to dodge responsibility by not reporting the accident then a judge may tell them to admit responsibility and stopthis happening in future.

Coccyx: I did take him immediately to A&E, think you're mistaken by another reply where the break was missed.

Update for you:
I did the nursery run just before Christmas. When I dropped J off I told manager how unhappy I was with the room change, she has implemented my suggestions and apologised of sorts.

The accident: I asked to see the report and be shownthe climbing frame. The report she gave me isn't "official", just their accident sheet and is a photocopy of the one they handed me to take to hospital, even says that the injury is a swelling to left knee, hasn't been updated!!!
She showed me equipment: the steps are 3 in number and are a foot apart. The accident didn't happen at all as I had imagined:
J was on bottom step (28 cm), facing FORWARDS. Nursery worker was with him but turned away, J fell from step, worker turned to find him on all 4s, crying.
It is clear that J was trying to step down. Being only 23.75 months old, 28 cm is about the length of his leg, he would not be able to step down that far, forwards, without help / risking injury. It's like me trying to step off a high bed -I wouldn't risk it!!!
This wasn't an unfortunate accident at all, the worker wasn't watching him / helping him. It was pure negligence. Utterly avoidable, 100% unnecessary.

I am glad I finally have the truth! I will be removing him, I will be contacting ofsted and I will be contacting social services for advice. I will probably be seeking legal advice.

I have the risk assessment for the nursery and the climbing frame is classed as high risk of serious injury and staff are meant to properly supervise any child on it. Unfortunately the girl turned around for a moment and in that moment it happened.... But she knew he was facing forwards so why did she not help him down?!!!!

Yet again I am losing sleep over this!!!

I was prepared to give them a 2nd chance as they have implemented all my ideas of how to make him welcome in the mornings etc. But this is a whole new kettle of fish and is far more serious than an unfortunate accident!!!

Mummynic - sounds completely avoidable - your right. Also if its classed as high risk on their risk assessment why haven't they replaced it or ensured the little ones don't use it. We have a slide that only the 3-5yrs room use, if the little ones are out it is put away or out of reach.

Have you asked what action has been taken against staff member. As a nursery manager in that situation i think i would sack the staff member for gross miscounduct (depending on staff member/history/circumstances etc)

As for records not being updated that to me demonstrates a lack of organisation and order.

How's your DS now?

I rang the hq yesterday.. Long story but... The day after I asked for reports and saw equipment the manager rang the hq and said she thought they'd made a mistake. Hq man filed report to Ofsted that afternoon....
Apparently the manager told h&s man J had only "bent" his leg???!!! WTF?!!! HQ man asked me when I told manager that J had broken his leg.. As soon as we got home that afternoon!!! Could I have said it was "bent"?!!! Errrr... No!!!
Upshot is: I am writing an almighty letter of complaint to MD. I will write a 2nd one regarding the room move.
They have changed the risk assessment to now say that children under 3 need 1-1 supervision on the frame... But isn't that what J had anyway?!!!
I am seeking legal advice...

Letters are almost done... Copy will go to Ofsted and the local Council's children services department.

I will ask what action has been taken against the staff member... Good point!!!

Oh... It hasn't been RIDDOR (?) reported as the nursery & HQ still don't think it's necessary!!!!
Advice on this bit needed please!!

Not at work till tomorrow but certain it states that an injury of that nature requires RIDDOR. Will check my forms as i'm doubting myself now, but sure i'm right.

Will post tommorow when i've checked.

MummyNic I think I know this nursery. If it is the one I am thinking of then I am sadly not surprised to hear your story.

Feel free to send me a private message if you want to chat off board.

.....and yes you are right re RIDDOR- any injury or dangerous occurance resulting in hospital treatment or admission must be reported to RIDDOR

here

I think it is reportable as is over 3 day injury but will read it tommorow again as had a glass of wine tired!

Oh yes, J is finally walking almost normally now, thank you for asking. It's been 9 weeks now, taken a lot longer than I thought it'd be!