Is this a civil case?

[emmabrigden]

Any advice gratefully received ....

I am looking to make a small court claim agsinst the privste nursery our son attended for letting him get bullied a child twice his age.

I have had no response from them to any letters until the LBA at which point a solictor emailed with

"We represent The ******* Nursery School and have had sight of your recent correspondence dated 15^th September 2022.

We are instructed to reject your claim. We are instructed to have no further correspondence with you on this matter. Our client will also not correspond with you further on this matter. "

I then sent a further suggestion of ADR & received an almost identical response.


"We refer to the above and our previous correspondence dated 4^th October 2022.

As previously corresponded to you we are instructed to reject your claim. We are instructed to have no further correspondence with you on this matter. Our client will also not correspond with you further on this matter. Despite our client’s clear position, we understand you have attempted to contact them.

We reaffirm that our client will not correspond with you further on this matter and request you cease doing so. Our client has no comment to make on the matter and your claim is not accepted. Any court action raised by you will be vigorously defended."

I am starting to feel like theres no point to a small claim? Perhaps better to pursue a Personal Injury claim?

[des8]

For other members info this earlier post from Emma contained slightly more info:

"My son went to a private nursery where he was bullied. Long story he was 3.5, a child who was 6.5 was still in the nursery environment & was physically & verbally abusing / teasing my son. The nursery kept dismissing us even my child got kicked in the leg after they left him in a toilet alone with the older child (after i had requested in writing he be kept away from my son). I also saw him punching my son in the nursery gardens. They also breached our confidentiality & more aggresion to our child & us occured.

Basically I am looking for compensation / our money back - its kind of a consumer issue I guess."


IMO you should first be raising a complaint with OFSTED https://www.gov.uk/government/organi...20any%20issues.
This won't produce compensation but might save other children.

From your description it seems to me the nursery have failed in their duty of care, and any claim should be made by your son.
As he is a minor he will need to be represented by a "litigation friend"
If you wish to act as his litigation friend you need to be appointed by the court, after making an application

Others will be along with more knowledge than I

[emmabrigden]

Thank you - it has bedn reoorted to the Care Inspectorate here in Scotland so we will see the outcome. My son has been moved nurseries & is now thriving again.

It was a contract between myself & the nursery? Would i still need to be a litigation friend?

[dslippy]

Be very careful to be sure that you do not have unrealistic expectations of what any nursery / school can promise, or what you can ask of them.

[emmabrigden]

Thank you ...... I think if this was a situation with a child within the same developmental period as my child then ok. Pre-schoolers have difficulty with many things however this was a 6.5 year old who the nursery chose to allow into this enviroment as they were due to open a primary school in Augudt which this older child now attends.

Develolmentally there is a huge difference between a 3.5 year old & a 6.5 year old. The older child was doing so many things verbally & physically that my 3.5 year old can't even truly understand - like calling him a girl every day, teasing & laughing about his clothes. Might be funny amongst other 6 yesr olds but a 3 year old just feels helpless.

The nursery chose to allow my child into a toilet with no staff present, despite my request my child be kept away from this boy specifically. He kicked my child so hard he was bruised & then the nursery disciplined both children.

My child has ongoing anxiety due to this. So no - i think when you've paid them approx £7000 for childcare you expect they keep them safe.

[des8]

I think you will need to consult with a Scottish solicitor to find your best way forward.
Good luck

[Minnie7]

Thank you both des8 and dslippy - I do appreciate the input.

I spoke with solicitors yesterday & have been advised to pursue a Personal Injury claim.

I was trying to mainly ascertain if a solictor who is instructed by the defendant can say No More Contact when documents etc are needed / been requested. I was informed yesterday that no they can't. It will ve moving forward via solicitors now anyway.

It is still quite raw for me - our family life was ruined for 6 months at least.

So if anyone else is needing info on this .....