Immediate Actions

Here's what to do if your child has an accident at school, crèche, or daycare in Ireland:

The primary concern following an accident is the child's well-being.

Legal Considerations and Next Steps

1. Seek Medical Attention: Ensure your child receives immediate medical care, regardless of the apparent severity of the injury. Medical records are crucial evidence in any potential legal claim.[2]
2. Document the Incident: Collect as much information as possible about the accident. This includes:
   • The location of the accident.[1]
   • The date and time of the accident.[4]
   • Details of how the accident happened.[1]
   • Contact details of any witnesses.[1]
   • Photographs of the injury and the accident scene.[1] [4]
   • Request and obtain CCTV footage of the area, if available.[1] [4]
   • Keep any receipts for medical costs or any other expenses arising from the accident.[4]
3. Report the Accident: Report the accident to the school, crèche, or daycare staff immediately. Obtain an accident report form from the facility.[1] [4] The accident report form should set out the circumstances of the accident and the injuries sustained by your child.[7]
4. Maintain Records: Keep all medical records, notes from consultations, and receipts for related expenses. If your child is experiencing emotional distress, make notes of the dates, symptoms, and seek appropriate support.[3]

Key Responsibilities of Childcare Facilities

1. Who Can Make a Claim? In Ireland, a minor (a person under 18) cannot make a claim themselves. A parent or guardian, known as the "next friend," must act on their behalf.[2] [5] The next friend must act in the child's best interests throughout the claims process.[2]
2. Contact a Solicitor: It is advisable to speak with a child injury solicitor as soon as possible after the accident.[4] A solicitor can advise you on your legal rights and the best way to proceed.[4]
3. The Injuries Board: A next friend, with the help of a solicitor, can initiate a child accident claim by obtaining a medical report from the doctor/hospital that treated the child following the personal injury.[4] Once obtained, an Injuries Board Form A must be completed and sent together with the medical report and appropriate fee of €45 to the Injuries Board.[4]
4. Court Approval: All child injury claims must be approved by the court, even if a settlement is reached. This ensures the compensation fairly reflects the severity of the injury and its long-term impact.[2] The judge reviews the medical report and the injuries and ultimately decides whether the assessment and compensation amount is appropriate to the injury.[4]
5. Time Limits: The statute of limitations for child injury claims in Ireland is different from adult claims. A parent or guardian can file a claim until the child turns 18, with an additional two years allowed post-majority, up to the age of 20.[2] [5] However, it is advisable to act promptly to gather evidence and resolve the matter in a timely manner.[2]

Childcare facilities have a legal duty of care to ensure the safety of the children in their care.[2] This includes:

• Supervision: Providing adequate supervision at all times, especially during play activities.[1] [5]
• Staff Training: Ensuring all employees are fully trained and qualified.[1]
• Safety Regulations: Adhering to health and safety regulations.[1]
• Adult-to-Child Ratios: Maintaining the correct ratios of adults to children, which vary depending on the age of the children and the type of service (full-time, part-time, or sessional).[1] [5]
• Incident Reporting: Reporting all incidents where a child is hurt or marked in that way should really be written up.[6]

If your child has had an accident at school, crèche, or daycare, the most important thing to do is to ensure they receive medical attention and then to document the incident thoroughly. Contacting a solicitor experienced in child injury claims is also a crucial step to protect your child's rights.