Child ‘hit’ by nursery staff

[Supermathsdoc]

A bit long but I’ll try to summarise:

2 weeks ago I was called by my 20m old child’s nursery to say there had been an incident. My child went to scratch another and a nursery worker hit her on the bum to stop her. There was no mark. My child was fine afterwards. I obviously didn’t see this but another nursery work did and called it out.

There was an investigation, while this took place the person was removed from the room. Nursery staff (who I think were junior) told me she wouldn’t be back and that she didn’t seem aware that she’d done anything wrong. They obviously couldn’t tell me who it was, butdid say it was a permanent (but new) member of staff rather than an unknown agency worker.

The investigation is now complete, the nursery have done all the right things, they’ve told ofsted, there’s been a disciplinary hearing etc and the person is now back in the room with some extra support.

I feel super uncomfortable with this. We have had no other issues with this nursery and my child seems happy there. I guess what im asking is what others would do? Would you disrupt your child and find a new nursery just in case? Is it just one of those things? I’m not sure what the best thing to do is.

You sound a bit too sensible and not nearly hysterical/vengeful for this thread.

Whoever gave you that legal advice is entirely wrong. (a) It would be gross misconduct and a summary dismissal would be fine and (b) she hadn't been employed for 2 years to have any protected rights so could have just been given notice. I would make sure you employ a better solicitor going forward. Indeed if they charged you for this advice I would contact them, raise a complaint and ask for your money back.

Nursery staff should be having enhanced DBS checks which means that everything will be disclosed not just convictions including "spent" ones, but cautions. An enhanced check would also show if the person has ever come to the attention of the police even it it did not result in a charge and prosecution. It is known as "intelligence". An enhanced level check people are checked against every address they have lived at with the relevant police force. However, if someone has never come to the attention of the police the check comes back as "contains no information".

I think they handled it very well actually so no I wouldn’t pull my child out.

The LADO will have issued a judgement off the back of the investigation that took place, and then the internal outcome (disciplinary, further training, dismissal etc) is the responsibility of the employer.

I’m assuming it didn’t meet harm threshold, as in there wasn’t evidence that there was intention to cause harm. If it had have, she wouldn’t be there and a referral to the DBS would likely have been made.

I’m in no way downplaying it, and how awful it must be, but procedurally- it sounds like they’ve done the right thing.

It absolutely is when it is a member of staff I'm a nursery/school/professional setting

In which case I’d be reporting to the police, though I expect the worker would claim reasonable chastisement, which is the usual defence for assaulting a child. I’m in Scotland where it would have been reported as a matter of course because the law is very clear.

I’d like to think the wording was just rubbish and not assume she’s high risk if lone working. Risk assessment language is pretty much like that.

I think the "reasonable chastisement" cop-out is only for parents. The sooner it is finally done away with the better.

I have to admit I would be out for blood over this. That worker assaulted a child. There's no mitigation, no retraining, no additional supervision that would be enough to justify her staying in the job after that. There have to be some absolute red lines where child safeguarding is concerned, and she crossed one. I wouldn't let this go.

I was going to make exactly the same comment as you.

Either @MumblesParty has made the whole thing up or whoever gave them "legal advice" was talking out of their arse.

It's amazingly easy to sack people who've just started working for you - they don't even need to have stolen prescriptions!

If they did pay for that legal advice they need a refund.

Reasonable chastisement is only a defence if it is your own child. In a professional setting there is absolutely no physical chastisement allowed ever.

I’d have taken it to the police in that case, there should have been a joint local authority/police investigation. Apologies for being unclear, I’m in Scotland so not fully familiar with English smacking law.

This has been incredibly helpful and I’m grateful for all the responses.

Im going to make some effort to try and understand the role of the LADO vs. Decisions taken by the nursery. If the nursery have decided to give this a pass, and the reasons for this aren’t good enough, then I think we will need to find a new nursery.

If you were at my nursery, would you want to be told about this? I think I’ll give the nursery the opportunity to communicate with parents first, and if they don’t then I’ll have to have another think.

For me it would depend on what I believed happened. There is a huge world of difference between a gentle tap on a padded nappy bottom which didn't hurt or distress the child at all just got their attention, and somebody hitting a child as a punishment. If the nursery worker who reported it had a dislike of the one who did it, I can see how it could all get blown out of proportion. Equally, if it was a strike to hurt I would feel very differently.

I do think that the nursery is probably very safe from smacking right now, as the member of staff has been punished and retrained, and all members of staff will be on high alert and very aware of correct behaviour, both for themselves and what to do if they witness an incident.

Be very careful what you day and to whom or they could go after you for damaging their reputation.

I would be tsking it to the police and allow them to do their investigations and on the meantime move your child

By staying you are saying you are happy with the process and outcome they have followed.

Change Nurseries and report to the owner, manager and ofsted again, explaining that you are still unsatisfied with the outcome. This is completely unacceptable and the member of staff needs to be sacked.

I would remove my child, tell all the other parents at the nursery what has happened and leave a google review warning future parents too. People need to know what's happened so they can take this into account when deciding where they place their children.

I can't believe she wasn't sacked for gross misconduct! I would absolutely be informing the police- I think it's unlikely she would be prosecuted but at least it would hopefully show up on future DBS checks. I would inform the nursery that I was very unhappy that she hadn't been let go and that I was informing the police. I would also let all of the other parents know via the WhatsApp group.

I couldn't trust that this nursery worker wouldn't now resent my child and start taking anger out on her sneakily. Unlikely, but I wouldn't be able to trust it.

Have they explained how they will ensure the staff member is always supervised? Or what level of risk they are if left unsupervised and how they plan on managing this?

I know this isn’t going to be a popular opinion but I think this is all a bit OTT. (I’m not sniping at you op I would be concerned to if it was my child but some of the replies are a bit much imo.) Your daughter wasn’t hurt, the other staff member flagged it up, the investigation was done. No the nursery worker shouldn’t have done it (she must be stupid to, frankly) but what matters is your daughter. Do you actually think she was at all impacted by this action? Do you really believe the same staff member would do so much as look at her the wrong way after all this? I would feel reassured by the nurseries open communication & as she is settled so keep her there. You’re not a mother sending her child into a setting with an ‘abuser’ as some might like to make out…

I’m so very very surprised that she’s kept her job . It’s very basic first rule really…… especially a tiny toddler, this isn’t something that anyone one who works with children should even consider

it almost feels like the nursery is worried about something if they fire her . Is she from a different culture maybe ? And they are worried about her causing issues ? A family member?

im sure its been done , but make sure ofsted knows. And yes make sure the parents know. Sharing a link to a public report such as an ofsted complaint would mean that you weren’t sharing anything that wasn’t in the public domain.

im truly baffled that she has kept her job that’s the bit that’s blowing my mind

I agree its good that they have been so open with you and not tried to cover it up.

I wouldn’t be very quick to leave the setting if you are otherwise happy with them , but I would expect the worker to be dismissed and parents to be made aware of ofsted complaints

I'd call the police and report it as an assault.

That’s gross misconduct and should have resulted in her dismissal. I wouldn’t go back.

Also saying she’s in a different room is all well and good , but staff members are moved in and out of rooms all the time to cover breaks , sickness , holidays, busy days the list goes on