Posted By Barry C Thank you Peter H for the sound advice. Very wise words, and I will take your advice and contact the school's Headteacher soon. You are obviously a H&S Professional - I'm only in year 2 and have much to learn. Thank you also for the kind words directed to my daughter (she is an angel).

Posted By Barry C Thank you John K. Just reported it onto RIDDOR myself. Some people think this is just one of those things that happens to kids - but I never broke any bone as a child. Furthermore, HSE / RIDDOR class this as a "Major Injury", and I think that most people responding to this thread agree that this particular accident could have been easily prevented. A RA, regular inspections, some maintenance schedule, etc. Personally, I don't understand why they have not done this. Hopefully, they will do all this and more in the future, to protect all the kids playing there.

Posted By Les Welling Good grief! I would have thought that maggies thread would have ended this!!!

Posted By Barry C Thanks for your comments Salus. Sorry for not replying earlier, but the tone of the response given promped me to assume you were making a rhetorical statement - rather than asking a question, so I let other people respond to your comments. Yes, I am in H&S, and am fully aware of the implications that a claim can have, so have made my decision after some thought. Incidentally, my wife also disagrees with the sometimes outrageous "claims culture", but supports my actions here. I had not previously noticed any defect with the equipment - not surprisingly so, as parents dont normally approach the play area towards the rear of the premises and some 30m away from the kids exit doors. I also am unaware of any previous complaints made against the school regarding this. I dont dispute that loads of kids have fractures while playing - but this was (for me) severe negligence / lack of RA / no maintenance / relevant delegated staff trained to inspect the premises at intervals where "heavy traffic" are and the obvious danger areas are. All this, coupled with the failure to report to RIDDOR and the failure to place an entry in their accident book, or even do some reactive work or accident investigation has left me no option but to take action. Being in the H&S business myself, it would be unprofessional to let it go and possibly see other kids suffer. You assume the school has no funds to repair the holes, due to being previously sued. Unless you are David Blaine I have to assume you are taking a stab in the dark. You also asked why it should not be my responsibility. If you yourself are also in H&S you will already be aware of the answer - if not, you will understand now due to other professionals responses. You also asked if I would sue the forrestry commission (but this is not relevant) and improperly told me to forget about it if she has recovered - none of the many professional solicitors I spoke to, who wished to represent me, spoke such rubbish. All of my fellow colleagues, and H&S friends / contacts fully support me too. A final point, I appreciate all the comments from all responders so thanks for that. But before passing judgement, put yourself in my position and imagine your child with a horrific injury which spoiled most of their summer, and which could have been easily prevented - in my case by spending £15 on some soil to fill in the holes. My friend, I don't know if you have kids but if so, you will do everything to ensure they come to no great harm, and you'll hope others will too. With respect, Barry

Posted By Barry C ..Descarte - at the risk of offending you - you make assumptions which are wrong, and have posted disrespectful opinions - calling me greedy, and stating that I am "after a claim - no matter how small". What I wrote was.... "I believe that if the accident gets "swept under the carpet" then the school's disregard for safety on their grounds will remain. I have therefore taken steps to lodge a formal claim - regardless of how much is awarded. I feel that this is always the best way to ensure that action is taken to ensure future safety of other kids." If you took time to read into this - you would have recognised I was implying the I dont care if £1 is awarded - as long as the message gets through. I do welcome comments, and have learned some things I was unaware of, but not from you. That's why I posted the thread on this site to get constructive feedback from people in the business, so I make no apologies for that. Chill out - have a beer, and stop trying to cause grief that's not there to start with.

Posted By Barry C supermung - learn to spell before insulting me

Posted By Jan Moore Barry... just reading through the last few responses and found some particularly insulting. Your kid has broken an arm due to a fault the school couldn't be bothered to put right. Two legal claims I have dealt with recently (albeit involving others working on site) have led to compensation being paid out. The school won't be footing the bill where compensation is concerned. It is usually the LEA who pay out compensation and us who pay the council tax to allow for this pot of meny to be there for the LEA to delve into. Sue.. and good luck to you!

Posted By Clark Kent Jan...are you touting for business????? Clark

Posted By Barry C Supermung - I assume you still have not learned how to spell!!! You are embarrassing to all H&S people... go fly away, go fly, go fly go fly away......

Posted By David AB Thomas After all the rhetoric, perhaps the following may help: http://www.hse.gov.uk/pu...h=%22schools%20riddor%22

Posted By Paul Hay What a shame that certain 'contributers' can't respond to threads like this without getting abusive or questioning whether they could better use their 'professional' knowledge elsewhere. If you can't be constructive, don't bother posting!!

Posted By AjSaunders All i would suggest Barry is that if you decide to progress the civil route that you ensure stick to the same story! You know who i am and you know what i mean mate.