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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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Hi, I wonder if you could help me? I want to know would I

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Hi, I wonder if you could help me?
I want to know would I have case if I sued a crèche my 2 1/2 year old son was attending. A member of staff was suspended as she was aggressive to my son and it is all on CCTV (which I am not allowed to view because of data protection reasons which I understand).
I wrote the crèche a letter stating all the concerns I had but I still feel very upset and unhappy about this whole circumstance and not completely happy with the response.
I have since removed my son from the crèche as the other staff who were present in the room have refused to give a police statement of what happened (I was the one who contacted police).
Advice greatly appreciated.

Thank you for your question. My name is ***** ***** I will try to help with this.

What are you hoping to sue for? What is your loss?
Customer: replied 3 years ago.

Our trust was broken when we left our son in the care of the crèche. I also feel we should have been told about the incident as soon as they were made aware of it, they contacted their legal team etc before letting my husband and I know. (we were in and out of the crèche for a couple of days since they were informed of the incident and nothing was said to us).

The final straw was when the 4 members of staff present (stated in the incident report we received 8 days after being told) declined to give a police statement.

This happened when my youngest child was only 2 weeks old, my sons behaviour changed and we put it down to the new arrival of baby but looking back now it all makes sense.

This has been incredibly upsetting and stressful and I feel my son has been let down by the staff in that crèche.

I hope you can help.

Thank you.

I'm really sorry and I wish I could give you a different answer but you have no claim.

Obviously this is bad practice and bad service and you could argue amounts to a breach of an implicit term in the contract. However, you have just plain suffered no claimable loss. It wasn't a battery and so he wasn't injured. You have not been cost money. I'm afraid you cannot claim for the risk they created or seek to ask the court to fine them for bad behaviour.

You don't describe the nature of the aggressive conduct. It is possible that it amounts to an assault by apprehension. If it were such an assault though than I would have expected the police to charge. Regardless of the level of cooperation from other staff they could always have seized the CCTV. Even if you do get home on that point though there is still no loss that can be claimed here as he does not have an injury and, in truth, it's quite unlikely that the court would accept that this is sufficient to give rise to psychiatric injury in the reasonably robust child. There are events that are so extraordinarily traumatic that they cause psychiatric injury but an incident like this is not one I'm afraid.

They may offer you something in the interests of good business if you complain but if you went to court I'm afraid you would lose.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Customer: replied 3 years ago.

Thank you for your honest reply Jo, much appreciated.


Apologies should have mentioned what exactly happened. Children were sitting in a circle at story time & my son and a friend got up from circle and went to another part of the room, the staff member picked him up and brought him back to the other children, he moved away again and she tugged him by the t-shirt and is seen having words with him. My son then had to sit beside the staff member, he wanted to take his shoes off so the staff member pulled his shoes off and threw them across the room she then pulled him by his arm on to his feet turned him round and pushed him across to another member of staff.

The police have got a copy of the CCTV and she is being brought in for questioning at the beginning of July.


That is the battery albeit a very minor one but the aggravation is that it's upon a child.

I suppose you could sue for assault but you need to be realistic about the level of your loss. The extent of this is a bit of pushing and pulling the most you would get is up to hundred pounds or thereabouts for pain and suffering
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