When you leave your child at nursery, you trust that they’ll be safe and well cared for. But accidents happen—and sometimes those accidents are caused by negligence. If your child has been injured at nursery due to inadequate supervision, unsafe equipment, or staff failings, you may be entitled to compensation.
This guide explains your legal rights and how to pursue a claim on your child’s behalf in the UK.
What Duty of Care Do Nurseries Owe?
Under the Childcare Act 2006, all childcare providers owe children a legal duty of care. This means nurseries must take reasonable steps to protect your child’s health and wellbeing while they’re in attendance.
The Occupiers’ Liability Act 1957 also applies, requiring nurseries to ensure their premises are reasonably safe for visitors—including the children they care for.
Additionally, nurseries must comply with Ofsted requirements, including:
- Staff-to-child ratios – precise ratios depending on children’s ages
- Staff training – adequate qualifications and first aid training
- Risk assessments – regular safety checks of premises and equipment
- Safeguarding policies – procedures to protect children from harm
What Counts as Nursery Negligence?
Not every accident at nursery amounts to negligence. Children fall, bump into things, and get minor scrapes—that’s normal. However, certain failures can constitute negligence:
- Inadequate supervision – leaving children unsupervised or not maintaining proper staff ratios
- Defective equipment – damaged playground equipment, unsafe toys, or broken furniture
- Slip and fall hazards – wet floors, trailing cables, or items left in walkways
- Unsafe premises – poorly maintained buildings, unlocked gates, or accessible hazards
- Inadequate staff training – staff who don’t know how to handle emergencies or administer first aid
- Failure to follow policies – not implementing safeguarding or health and safety procedures
- Allergic reactions – giving food to a child with known allergies
- Abuse or mistreatment – physical, emotional, or neglectful treatment by staff
UK Case Example: Unsupervised Child Suffers Facial Injury
In a case handled by Thompsons Solicitors, a three-year-old girl was injured at a private preparatory nursery in Swindon. She was left unsupervised in the playground and tripped on the pedals of a scooter, falling face-first onto the exposed metal handlebar. The scooter didn’t have rubber grips on the handlebars, so the child’s face hit the sharp steel frame, causing a wound to her face.
The solicitors successfully argued that the nursery was negligent both in failing to supervise the child properly and in allowing unsafe equipment (a scooter with exposed metal handlebars) to be used. A settlement was secured for the injury.
What Do You Need to Prove?
To succeed in a nursery negligence claim, you must demonstrate:
- Duty of care – The nursery owed your child a duty of care (established by enrolment)
- Breach of duty – The nursery failed to meet the standard of care expected
- Causation – The breach directly caused your child’s injury
- Damage – Your child suffered actual harm as a result
Who Can Make a Claim?
Children cannot bring legal claims themselves. Instead, a litigation friend (usually a parent or guardian) acts on their behalf. The litigation friend:
- Makes decisions about the claim
- Instructs solicitors
- Accepts any settlement on the child’s behalf
If compensation is awarded, it’s typically held in a court-controlled fund until the child turns 18, unless needed for immediate expenses like medical treatment.
Time Limits for Claims
The standard three-year limitation period under the Limitation Act 1980 is suspended for children. The clock doesn’t start running until their 18th birthday, meaning:
- A claim can be brought at any time before the child turns 21
- However, it’s generally better to claim sooner while evidence is fresh
- A litigation friend can bring the claim before the child turns 18
What Compensation Can You Claim?
Compensation for nursery injuries typically includes:
- General damages – for the child’s pain, suffering, and loss of amenity
- Medical expenses – private treatment, therapy, or specialist care
- Future treatment costs – if ongoing care is needed
- Parents’ lost earnings – if you had to take time off work to care for your child
- Travel expenses – for medical appointments
- Care costs – if additional care was needed during recovery
Evidence You’ll Need
To support your claim, gather:
- Accident report – Nurseries must record all accidents. Request a copy immediately
- Medical records – GP notes, hospital records, and treatment details
- Photographs – of injuries, the accident location, and any hazards
- CCTV footage – request this promptly as it may be overwritten
- Witness statements – from staff or other parents who saw what happened
- Your own notes – what staff told you, dates, times, and conversations
Steps to Take After a Nursery Accident
- Get medical attention – Take your child to A&E or your GP immediately
- Report the accident – Ensure the nursery records it in their accident book
- Request the accident report – You’re entitled to a copy
- Photograph everything – Injuries, the location, any hazards
- Request CCTV – Do this in writing as soon as possible
- Keep all receipts – Medical costs, travel, prescriptions
- Consider an Ofsted complaint – If there are serious safeguarding concerns
- Seek legal advice – Consult a personal injury solicitor experienced in child injury claims
Frequently Asked Questions
Can I claim for minor injuries like cuts and bruises?
Potentially, if the injury was caused by negligence. However, compensation for minor injuries will be relatively small. Solicitors typically assess whether a claim is proportionate to the costs involved.
Will I have to take the nursery to court?
Most claims settle without going to court. The nursery’s insurance company will typically negotiate a settlement. Court proceedings are a last resort if agreement can’t be reached.
Can I claim if my child was injured by another child?
Possibly. If the nursery failed to supervise properly and this allowed another child to cause injury, the nursery may be liable for inadequate supervision. The other child won’t be held personally responsible.
What if the nursery says my child signed a consent form?
Children cannot legally consent to waive their rights. Any consent forms signed by parents typically don’t cover negligence—they usually relate to standard activities and assumed minor risks, not injuries caused by the nursery’s failures.
Can I still send my child to the nursery while making a claim?
Yes, you can continue using the nursery if you wish. The claim is a separate legal matter handled through their insurance. However, some parents choose to move their child, particularly if there are ongoing safety concerns.
