Ofsted

[Guest]

On Thursday evening a child was pushed off the plastic cterpillar in the garden, I'm sure you know what I mean. On Friday morning I emiled mum to see how he was; no reply then I had to go to a meeting. This morning I rang mum's mobile but had to leave a voicemail. I then rang the child's home, Gran answered I asked to speak to mum but was told she was coming in to see me this afternoon, I asked how the child was and was told he has fractured his arm. As you can imagine I was devastated.

 

I reported the incident to Ofsted who were actually very nice but did advise because the incident included equipment then it had to be reported under RIDDOR, I spoke to our Health and Safey team (we are part of a chain), agan who were very supportive and they will report under RIDDOR.

 

I collected statements from the staff who dealt with the incident, I checked which staff were still on duty and in the garden and I counted how many children we still had and in the garden, we were within ratios. I am confident that theincident was handled correctly.

 

Mum came in to see me, obviously and understandably not very happy. Unfortuantely this is the child who was recently "attacked" by 2 other boys in his room (see a previous post). I explained to her the measures I had already put in place and she thanked me for phoning to see how the child was. She said she has serious concerns about the safety and the care of the children in the room (a 3-5 room), mentioned the previous incident, the fact that there are (safety) scissors out for the children to use unsupervised (I explained why) and that he goes to the toilet on his own (again I explained why) and for those reasons she would be reporting us to Ofsted. She said no-one had admnistered 1st Ad to him, yet looking at the accident form the accident happened at 4.50, staff examined him and asked could he move his arm, decided to call mum but mum arrived at 5pm. Whilst I was expecting it it has completely devasted me. I have been n childcare 19 years, 12 at management level and no-one has ever reported me or the nurseries I've managed to Ofsted.

 

So so far I have reported the incident to Ofsted and our H&S team, have collected statements from all staff who were there/involved, I've photocopied the accident form and I've photocopied the signing out sheet. Tomorrow I will send a copy of everything to Ofsted and our H&S team for reporting under RIDDOR.

 

We do think the child has additional needs and have done observations to substantiate this and have spoken to mum and dad with our concerns but they won't agree to let us take it to the next step. The child also smacked a member of staff across the face recently, enough to bruise and cause swelling.

 

I completely understand where mum is coming from, even though the child has been with us since he was 8 months old, as was his brother. I know everything was in place and we have done everything we should; or have we? Have I missed something, forgotten to do something? What will Ofsted do when they come to investigate, as I am sure they will!

 

Any advice greatly received - thanks

 

I have photocopied the acci

[Tink69]

Hi I just wanted to say try not to worry, it sounds to me that you have done everything right, it was one of those unfortunate accidents that happen. If Ofsted do come out they will check your records /number of children in at the time etc/talk to the staff involved, but you have done everything right and reported it all.

I know what a horrible feeling it is to have a complaint against you, we had a visit after a parent complained about an incident the ladies from Ofsted that came out were great and very understanding.

 

 

Tink69

[hali]

poor you - you sound like you have done everything proffessionally and correctly - you couldnt have done anything else....

 

you just have to put it down to experience and as hard as it is on you - do not feel guilty - could happen to any of us.

 

hugs and kisses to you - hope it all resolves itself soon

[Guest]

Hi Janny

 

Can't think that anything immediately stands out as having been missed. I would have thought you've covered all areas.

 

I would do what you are doing and gazump the parents/OFSTED by forwarding everything asap to them, before requested. A call to them asking for an email address, scan your documents and send it with a covering letter stating you've copied RIDDOR in etc. is I think as much as you can do at this stage.

 

I would imagine your local county H&S officer might pay a visit, equally he may be satisfied with the explanation and follow up/action plan. A photo of the equipment in situ helps them to visualize things - especially as they are often dealing with factory accidents/machinery!

 

 

You know your parent well so mending bridges will be guided from your knowledge - I would assume this incident may give you further weight to your argument to get in a second opinion as regards to 'additional support'

 

Try not to dwell on it too much as it won't change anything - easier said than done, big hugs

[Rea]

I know you must be feeling bad about this and anxious, but remember, Ofsted and the H&S inspector deal with this and worse every day. They will use common sense and look at the facts.

Try not to lose sleep, you have done everything right and it was an accident that could have happened at any time to any child in any setting.

[Guest]

Just wanted to add my support. Children fall and break bones, they recover, accidents happen. Why does everything these days have to be someone's FAULT.

 

Try not to let it upset you, although I can imagine it will.

[sunnyday]

Oh poor you - nightmare situation - the sort of thing that we all dread.......

 

I'm sure that you have handled this really well and followed all the correct procedures..........accidents happen - FACT!

 

Try to keep your chin up - easier said than done I know

 

A big virtual hug!

[Guest]

Hiya - hang on in there . You have done everything by the book - you cant do any more . We had a child fall over , he tripped over a large ball he was kicking and running around with - he broke his leg . In our case his parents were ,thankfully, fine . We informed ofsted and they were satisfied with reports we sent and they didnt visit . If your parents do follow on and make a complaint I think ofsted must visit and follow up any complaint made - however - you have done everything in your power ( and more ) and ofted will recognise this - you cannot be blamed for an unfortunate accident , children have to be allowed to play and take risks and ofsted will see you have provided safe and acceptable opportunities where risks have been assessed and any accidents are just unfortunate. Try not to worry- it will all work out fine Im sure . Dizzzzz

[Inge]

Good advice from all..

 

only thing I would probably do is a complaint form.. as parent came in today to say she was unhappy and taking it further.(verbal complaint).. this would show you take her 'compliant' seriously and show what you are doing about it...

 

Having been the 'wrong side of the fence' a few times it is scary and unsure of what will happen.. I have always found Ofsted very good at listening, and looking at all angles , and in our case very fair with their outcomes..

 

this was an accident.. other issues she has are part of you following EYFS .

 

 

( we had risk assessments written for both use of scissors and unsupervised toilet use by children.. may be worth thinking about doing if you don't have these in place to show you have thought about her issues have assessed them and found they are as low risk because... )

 

Inge

[Guest]

Thank you all so much for your kind words of support. I am still going over things in my head and doing the what ifs, even though I know we did everything right. I will take photos tomorrow that's a good idea and one I hadn't thought of. Desparate to get everything sent off now so that the "visit" will be done and dusted. I'll let you know what happens!

 

Thank you, you lovely people x

[Guest]

Ill also do risk assessments for the scissors and toilet on their own - thank you!

[Guest]

We had a child fall off a beam (2inches off floor) and break an arm. Reported it as you've done and informed the insurance company too (don't know if you mentioned that). Eventually an H&S bod came to visit. We were so stressed and she was quite formal but at the very end she just smiled and said she didn't see what else we could do, the child could have as easily tripped over their own feet and done the same and that we weren't to worry. So please, as everyone else has said, don't worry.

[Guest]

Just wanted to add my support for you in these circumstances you find yourself in....pooor you...not nice at all, and I keep thinking 'there but for the grace of God' - could be any one of us...sounds like pretty everyday stuff and you sound like you have done everything needed...keep us all informed and sending you a virtual hug...

[Guest]

Oh Janny! As others have already said "accidents happen" and I'm sure I'm not the only one thinking "could have been me...."

 

I've just finished reading Jennie Lindon's "Too safe for their own good? Helping children learn about risk and lifeskills" The chapter on partnership with parents has sections on when there has been an accident and increasing willingness to sue (more proof, if you needed it, that you're not alone) the most relevant points to your situation are:

 

* communicate honestly and promptly with parents when there has been an accident involving their child (you have!)

*be ready to explore promptly within a team what happened, including whether the accident was realistically preventable and how the incident was handled. If there are lessons to learn, ensure that the appropriate steps are taken. Make sure that you write up the incident promptly and fully (you have!)

* if parents are dissatisfied and threatening legal action, contact more senior people including your legal representative or department. Take their advice on how to proceed, including the nature of any further conversations with the parents. (you know the parents best but it might be "better safe than sorry" by taking advice - would they be likely to take further action if they're not happy with the result of their complaint to Ofsted? I'm not trying to make you feel worse but it's interesting that this is the advice the book gives - what a sad reflection on society, eh?!)

 

I know you must be feeling low and worrying lots but try to put it in perspective - 19 years blemish free is fantastic!!

 

Nona

Edited March 22, 2010 by Guest

[eyfs1966]

Can't really add to what has been said beofre, but just wanted to know that I will be thinking of you. Best of luck, don't panic...ITS NOT YOUR FAULT!!

[Guest]

We all hope it won't happen in our setting but as already said (MANY TIMES) accidents are just that..... ACCIDENTS!

 

They happen.

 

You have done all you can.

 

Try to stay calm.

 

Am sure it will all work out x

[dublinbay]

Just wanted to add my support and good wishes. ((((((((hugs))))))))

[Guest]

Hi Janny, I keep thinking about your situation, like others have said it could so easily be any of us so you've sparked a train of thought about what I would do!

 

I think I would let the parents know that you are forwarding everything to OFSTED/H&S and as someone else said complete a complaint form - giving a copy to your parent?? They can then see you're not hiding anything - it sometimes takes the 'sting' out of their 'fight'

You could also let them know you have risk assessed the scissors etc

 

Often turning it around saying 'what would you like me to do' (in a tactful way, at the right moment!) often helps them see there really wasn't anything else to have done!

 

What you have on your side is your length of relationship with this parent - they know in their hearts you've always done right by their children.

 

Hope things see a little better today.

Keep us informed please

[Guest]

Hi just thought I would add my reply, It's not your fault. As we are all aware children run around the setting and fall. The amount of times we say show me your good walking. It never works they still run. They could fall and hurt themselves then. I no your are feeling low at the moment but it's not your fault. Dorinda

[Guest]

The only thing I would add is to make sure all your risk assessments for all areas are up to date and that all staff are aware of them and perhaps send a copy of your staffing rota and level of qualifications so that they can see you were supervising at the time. Make sure all your staff are clear about ratios and whether they can just leave a room or the garden to tend to a child or go to the loo etc. as they will probably quiz the staff on those 2 areas: Risk assessments + ratios/supervision when they come.

[Guest]

Thank you all so much for your kind and wise words.

Yesterday our own health and safety chappie came out, took loads of photos, made drawings and wrote a comprehensive report. He concluded that we had everything in place - and more, everything was at it should be, ratio's, qualified staff, 1st Aid trained staff, risk assessments etc and that he wouldn't be making any recommendations to change anything as there was no need. It was, as we all know, an accident.

He will send me a copy of the report when its complete, probably Monday, then I will send it off to Ofsted and mum. He's also contacted our local authority to report under RIDDOR, he thinks it unlikely that the HSE will come and visit but as we are on a hospital site, they might; but as he says he's done a thorough investigation and concluded its just an accident. Have heard nothing more from mum and she seemed fine when she came in to collect his learning journey and tranfer notes; she said she'd copy me into anything she sent to Ofsted, so now it is just a waiting game.

 

I'll let you all know what happens next - thank you all so much again x

[Guest]

Sounds like you feel a lot more secure about it all now and I'm really pleased for you.

[Guest]

Have heard nothing more from mum and she seemed fine when she came in to collect his learning journey and tranfer notes; she said she'd copy me into anything she sent to Ofsted, so now it is just a waiting game.

 

Janny, I'm glad the "expert" confirmed what you already knew! Hopefully, you'll have a slightly more relaxed weekend now!

 

I see Mum has collected his learning journey and transfer record - is that to remove him from your setting? if so, that seems a pity for him!

 

Nona

[Guest]

Hi Nona, yes unfortunately mum has moved him to another setting, it is a shame given that he's been wth us since he was a baby as was his brother.

 

I do feel alot more accepting of the situation now, especially as "the expert" confirmed what we knew; however wont' feel totally relaxed until I have heard from Ofsted!

 

Thank you all so much x

[wellerkaren]

Just wanted to send you some ((((hugs))) I just hope the wait is not to long for you x x

[Guest]

Well Mrs O came today; 2:45 to be exact! And she was possibly one of the nicest CCI's I have ever met AND with experience in nurseries!!

 

She said the visit was alot quicker than it normally would have been because of the amount of information I emailed through; accident form, staff register, children's register, photos of the area, staff statements, risk assessments, check lists for the garden area etc etc, which meant she was able to look through everything before she came. She spoke to staff members involved, asked how many staff were 1st Aid trained and asked to see their certificates and looked at where the accident happened. She concluded that it was an accident, however she does have 1 action point; for some reason the child's key person (also my deputy) decided that the child should have a drink of water whilst waiting for mum. In the complaint to ofsted mum says that it's basic 1st aid not to give someone with an injury a drink, CCI agreed and so do I, so although the member of staff is 1st Aid trained she still gave him a drink of water Unfortunately that will go on the website.

 

She is however more than happy with the procedures, paperwork etc we have in place and that we handled it correctly, (apart from the water)

 

Thank you all very much for your kind words, words of support and words of advice. If ever I can help any of you out please, please ask!!

[sunnyday]

Ah good news - really pleased for you

[Pimms o'clock?]

I bet you feel very relieved now that it is all sorted out, all you need to do now is put it down to experience and forget the whole thing.

 

As others have said on here accidents happen everyday and we all deal with them everyday and it is only sometimes that a limb gets broken but what the heck they do mend pretty well on the whole as do cuts, bits and bruises.

 

Keep up the good work!

 

BMG

[Guest]

Janny, I'm glad it's been resolved and the worst is over.

 

Accidents happen and we all learn from them and I think that's how you (and your deputy!) have to look at the unfortunate drink of water. I'm sure she won't do it again!

 

When my daughter fell at a class run by a nationwide singing/dancing/drama school and hurt her wrist she was offered a drink AND a biscuit while she waited for me. Luckily she was 10 and, having done Basic First Aid in Brownies, knew not to accept. Good old Brown Owl

 

Nona

[Guest]

Out of something very negative you have to take the positives. My Ops Manager and I are in agreement that 1st Aid training every 3 years is really not sufficient therefore as a group we will all access refresher training every 6 months and then the 12 hour renewal training every 3 years. Result!

 

And after all of the sress of the past 2 weeks I've grown a humongous spot on my chin!!!!