Rank: Guest 
|
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).
|
|
|
|
|
|
Rank: Guest
|
Posted By J Knight
Hi Folks,
This is nothing to do with any 'claims culture'. The school has a simple duty of care in common law; remember the neighbour principle? Donaghue vs Stevenson? The playground was faulty, it had a hole in it, the hole was obvious. If we just 'took responsibility for our own actions' as some seem to want, where would the school's incentive to fix the hole be?
Good grief, when all's said and done, a broken bone is a bad thing - people die of fractures you know, from fat embolisms caused by leaking marrow, or from shock. A broken limb is not trivial, and is not a thing that 'just happens' in childhood. If a duty of care (as established by an English judge in an English court decades ago, not by eurocrats (though I am pro-EU) or the HSC in secret assembly) to our neighbours doesn't extend to preventing very serious injury, then what's the point in having it at all?
Salus and others, you should go and work for the Daily Mail,
John
|
|
|
|
|
|
Rank: Guest
|
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.
|
|
|
|
|
|
Rank: Guest
|
Posted By Stupendous Man
Perhaps I am being extremely stupid here - I don't have a copy of RIDDOR to hand. I don't see how anyone other than the employer/premises owner can make a report.
If word gets out that anyone can make a RIDDOR report the system will melt-down!
|
|
|
|
|
|
Rank: Guest
|
Posted By Les Welling
Good grief! I would have thought that maggies thread would have ended this!!!
|
|
|
|
|
|
Rank: Guest
|
Posted By Salus
Barry,
We all know and are in agreement that their is and was a duty of care owed by the school to all who work,attend and visit the premises, but considering taking legal advice seemed to me that you did not want to share some of that responsibility.I thought that was wrong so I gave my comments as asked for.
I did ask these questions,
1. on previous collections did you not notice the hazardous area before.(you state in your response #8,that P1 to P4 classes, which I assume are where your children get picked up by the exit doors at the rear of the school which is close to the play area)
2. was or had it been reported before and that report recorded.
I recieved no answers
I also stated,
1. that the hazard should be dealt with immediately (caretaker and tarmac)
2. lots of kids break their limbs while playing, and its true, just went onto stats. for an A & E dept. hospital in Edinburugh and 635 broken limbs from playing last year,in just one city.
3. If it is a blatant or negligent act that causes an accident then legal action should follow in relation to any injuries/damage caused and the facts.
4. RIDDOR may apply but it's one persons iterpretation of the regs. against anothers whether you want to report or not.
Barry you state that you are in year 2 (in the same context of mentioning a H & S professional) do you mean you are in H & S as well?
My remarks in para 2 & 6 were put there to highlight the knock on effects that can occurr when legal action is taken and the absurdity of the claims culture, nothing else.
|
|
|
|
|
|
Rank: Guest
|
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
|
|
|
|
|
|
Rank: Guest
|
Posted By Descarte
At the risk of further offending you
"but would welcome any comments or suggestions from members"
Its seems to me although you asked for comments or suggestions you were either only looking for support in your actions, or you were looking to critise those with opinions different to yours.
Further you stated "I have been advised to seek legal advice" and then on the same day you mentioned "I have therefore taken steps to lodge a formal claim " meaning any comments or suggestions therefore made by forums members would again only be for you to try to justify your actions, or to argue your actions to other professions and try to justify yourself again.
And finaly you state "Yes, I am in H&S" therefore showing you willfully wasted everyones time and effort in advising you to contact HSE, trying to explain reporting of RIDDOR claims and requirements, helping to explain legal terms to which you clearly had already an understanding.
I feel that though pointless in the first this post has no further course to run seeing your actions have already been taken, you fully understood all the laws and requirements and that of your actions and any posting on here have served no purpose other than to incite other safety PROFESSIONALS and waste their time on this forum helping those in actual need of advice
|
|
|
|
|
|
Rank: Guest
|
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.
|
|
|
|
|
|
Rank: Guest
|
Posted By Clark Kent
Just admit it Barry you have wasted a lot of time on this forum, you know your just after lining your own pocket with a claim.
Clark
|
|
|
|
|
|
Rank: Guest
|
Posted By Barry C
supermung - learn to spell before insulting me
|
|
|
|
|
|
Rank: Guest
|
Posted By JF
Again i am dismayed at the lack of knowledge by some so called safety professionals.
The health and safety at work act 1974, clearly states that all businesses. Shall be responsible for the health, safety and welfare to all employees, contractors and visitors to their place of work. It is that simple.
|
|
|
|
|
|
Rank: Guest
|
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!
|
|
|
|
|
|
Rank: Guest
|
Posted By Clark Kent
I think it is now time to bring this thread to an end, enough time has been wasted on Barry with his so called claim.
Clark
|
|
|
|
|
|
Rank: Guest
|
Posted By Clark Kent
Jan...are you touting for business?????
Clark
|
|
|
|
|
|
Rank: Guest
|
Posted By Barry C
JF thanks for your astute words - I feel that I am fighting a battle against allegedly H&S persons!
Outrageous when I asked for comments or suggestions to help my daughter with a learning disability (and other kids) - I hoped this site would help in giving constructive feedback or unobvious aspects, but some people are adamant in proposing a fisty cuffs scenario!
It seems that some peolpe repspond to loads of threads who have nothing more to do than look through threads and cause crap.....
JF thank you for your enforcing comments.
Jan Moore - Thank you also for sharing your experience and your kind wrods. All please rest assured the school will receive a % if a payout is awarded, to minimise the risks identified.
Clark Kent - go for a ride (or paint your nails) the claim is real. May I send you the details of any settlement awarded? - or will this damage your pride son?
Awaiting your response......
BC
|
|
|
|
|
|
Rank: Guest
|
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......
|
|
|
|
|
|
Rank: Guest
|
Posted By Barry C
Clark Kent - did you spot the anomaly?
or is this out of your league?
Alibi - We assume you are tucked up in bed with you teeth brushed, and have had your story read. Don't let the bullies win Clark......- sorry "SUPERMAN".
This facade points towards a real sado - maybe you will be happy one day? Maybe not by the looks of things!!!!! Are you stable?
Do I need to bring in my white bunny?
|
|
|
|
|
|
Rank: Guest
|
|
|
|
|
|
|
Rank: Guest
|
Posted By Brett Day
I think my response would be to contact the school, Governers & PTA if one exists for this school and the LEA, making it clear that I am not looking to sue but want this rectified and sorted so there are no further repeats of this incident (I would be willing as someone in H&S to offer my help if required, my tarmac laying is crude but functional !!)
However, I would also make it clear that if it isn't taken seriously I would sue and ask for judgement to compel the works carried out.
Just my two penneth...
|
|
|
|
|
|
Rank: Guest
|
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!!
|
|
|
|
|
|
Rank: Guest
|
Posted By Barry C
Thanks to all who made proper contributions or gave constructive feedback. Your views will help me make further decisions as to how things will proceed, hopefully for the better.
I had no idea this would cause just so much hassle - as it seems that some people have rolled up their sleeves when posting a response.
PLEASE - No More hassle.
Logging off.......................
|
|
|
|
|
|
Rank: Guest
|
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.
|
|
|
|
|
|
Rank: Guest
|
Posted By Jane Blunt
The Moderators have made the decision to lock this thread.
Jane Blunt
Moderator
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.