When does an accident to a child at school become reportable under RIDDOR

Circumstances are...

Child at a non-mainstream school (behaviour problems (ADHD & Aspergers)) was stuck on the foot during a PE lesson by a failing trampoline leg

The resulting injury is a fracture to the big toe (section of bone broken off at the tip), trip to theater, kept in hospital more than 24 hours, toe nail dead but not removed

Frequent home visits by community nurse

Child is 14

Advice pls

I believe I will be slated for saying this but in my personal opinion this is probably a case of negligence on the part of the school and if I were the child's parent I would be looking for a good solicitor to take out a claim against the school.

Forget about the RIDDOR, I have experienced something similar myself whereby my daughter suffered an incident at school that led to her being away from school since January and has just returned last week. There was a week in hospital with surgery, CAT scans, X-Rays etc followed by twice daily visits by the hospital nurses to our home for intravenous antibiotic.

Osteomyalitis was the eventual diagnosis and she almost lost the lower part of a leg. Still attending the fracture clinic weekly as the would has not healed fully.

Not the same as the child in this thread but the effect on the family has been horrendous, and I bet that will be the same for the family of this child?

When you consider we send our children to school to be educated and looked after and return home at the end of the day unharmed.

In this case, where a child who is State Education Needs when the child is at school it is actually a period of respite for the parents from full on 100% caring for the child, when something like this happens it means that respite is no longer available and the stress levels ramp up very quickly.

Children with ADHD need to be attended full time and in school will have either a Statement of Education Needs or a Health Care Plan. There will be funding provided by the LEA to provide staff in school to care for the child.

This could be a case of gross negligence and the school should be questioned about it and why they failed to care for this child. The duty of care under HASWA comes into it as well.

Rant over but still angry.

Broken fingers or toes arent reportable.... ?

http://www.hse.gov.uk/ri...reportable-incidents.htm

The list of ‘specified injuries’ in RIDDOR 2013 replaces the previous list of ‘major injuries’ in RIDDOR 1995. Specified injuries are (regulation 4):
fractures, other than to fingers, thumbs and toes

RockyBalboa,

Specified injuries are only reportable if they involve employees, not for example pupils, members of the public, etc. i.e. non-employees.

For these, other criteria apply, i.e. were they taken straight to hospital for treatment & did the incident arise out of a work activity (sometimes a grey area)?

The guidance for students' RIDDOR reporting comes down to if they go direct to hospital then reportable and if the injury was a result of a failure in building or equipment or lack of supervision than they should be reported.

The guidance is not absolutely clear or particularly easy to understand but certainly straight to hospital then reportable.
Hope that helps.

Rocky - "surely its only a broken toe"

That's what infuriates me, I know we're talking about RIDDOR and this probably isn't reportable but "only a broken toe" to a disabled child will have severe implications for the parents/Carer/s.

hi all, thanks so far...

the child has several mental learning difficulties not physical ones

the trampoline was being set up by the children (?) in a special needs school (??)

the leg did not clip into place and sprang back hitting the child on the foot wearing trainers

the child had surgery to suture the broken skin on the toe together

the fracture to the toe, is no confirmed as a complete split in the big toe bone, they are hoping it fuses back together but may have to steel pinned

the school have indicated that they are carrying out a 'risk assessment investigation' correct wording should be 'accident investigation'

also been informed that the PE teacher wasn't actually supervising, she left them 'to get on with it'

also the school have said that all pupils have been 'trained' how to put up the trampoline, the clue here is in the school, 'non-mainstream', 'learning difficulties'

a child with learning difficulties signing a training form, hmmm, inadmissible one thinks

what ever happened to MITTS here???

have asked the parent involved to ask for a 2508, accident investigation and RA's, however i suspect that the school will be reluctant to give these....

more thoughts?

minnie, find a solicitor who specialises in personal injury claims and let them get on with it. Why are you obsessing about a RIDDOR report?

im not obsessing about RIDDOR reporting now as im happy with the advice given that it is reportable

just want to give the parent the best advice possible and educational facilities are not my specialist area (prefer nuclear decommissioning any day!!!)

plus i thought you might like an update (maybe i was wrong)

thanks for the info / guidance guys/girls