A YOUNG girl who fell over at nursery has been awarded £6,000 compensation.
Ellie Wolstencroft, four, split open her nose when she tumbled face-first onto boxed-in pipes at Holyrood Nursery, in Swinton.
She was taken to hospital to have stitches and plastic surgeons have said she will be left with a permanent scar between her eyes after the accident in 2006.
Ellie and her parents were told they would receive the pay-out after a hearing at Manchester County Court. But the insurance industry fears it could open the floodgates for similar claims.
Staff at the nursery removed the wooden casing from the pipes and replaced it with a plastic cover with a rounded edge on the day of the accident.
The nursery's insurers originally denied liability, but their solicitors admitted it at court.
Ellie's parents, Michael Wolstencroft, 35, and Joanne South, 38, from Swinton, said they were pleased with the award.
Joanne told the M.E.N: "It was a huge gaping wound. It went right down to the bone. When I saw it I just thought `Oh my God'.
Fantastic
"The staff at the nursery were fantastic when it happened, but the management didn't seem concerned.
"They just said we should contact the insurers, which is what we did.
"We've seen a specialist and they've said that, as she gets older, the scar is going to become more prominent. No cosmetic surgery can make it go away.
"The award is nice. We don't know how she's going to feel about the scar when she gets older - only time will tell."
Ellie was playing at the nursery when the fall happened in March 2006.
An ambulance was called and she was taken to Hope Hospital for treatment and had three stitches.
The youngster, who was one-and-a-half when the accident happened, now goes to school, but still attends the nursery's summer school.
District Judge George Needham said Ellie - who was in court for the hearing - should be paid £6,000 in compensation.
He also ordered defence costs of £5,750.
Judge Needham said: "Hopefully it won't bother her in later life. A sum of £6,000 seems about right to me."
He told Ellie's parents that the money would be invested on her behalf by the Public Trust Office and the final sum would be given to her on her 18th birthday.
He added: "Heaven knows what it will be in 14 years time. In the meantime, I hope she has a very happy childhood."
Fears
But the compensation award has sparked fears within the insurance industry.
A spokeswoman for the British Insurance Brokers Association said: "This does seem somewhat extreme and might reflect the current claims-conscious society that we live in. For businesses, it emphasises the important need to have the right insurance cover in place to provide protection."
Ellie's solicitor Philip Andrews, from Ashfields Solicitors in Cheadle, said: "Joanne was very upset when she recounted to us what had happened. This accident could have been easily avoided.
"It took the nursery no time at all to change the wooden casing on the pipes and swap it with plastic.
"It was inevitable that a toddler was going to fall on it and hurt themselves."
A spokeswoman for Holyrood Nurseries said: "It was unfortunate that a child in our care sustained a minor accident in 2006.
"The correct procedures were followed by informing the relevant authorities and we are pleased to continue providing high-quality care for this child and have maintained a strong relationship with the family concerned."
Holyrood Nurseries are now part of the Bertram Nursery Group.
Graeme Scott, the group's chief executive, said: "We pride ourselves in providing quality childcare at all times and are consistently monitoring our individual nurseries to ensure a safe and secure environment."
Katrina Phillips, chief executive of the Child Accident Prevention Trust, said: "Clearly this was a nasty accident, but we are unable to comment on specific cases and we are not qualified to make a judgement about the level of compensation received in this instance.
"However, what the incident highlights is how easily accidents can happen and how they can result in long lasting consequences for the child and their family."
Tweet
£6,000 for tot nursery fall
September 27, 2008
Ellie Wolstencroft

Showing comments 1 to 25 and replies | View All
MsD, Manchester (27/09/2008 at 07:05)
David Jones (27/09/2008 at 08:04)
David Jones (27/09/2008 at 10:05)
Colin Bell's Underpants (27/09/2008 at 10:21)
Grief Tourist, Trumpton (27/09/2008 at 12:35)
Seven Stars Smooth Blue, Manchester (27/09/2008 at 12:59)
The Original BLUE Donut, Manchester (27/09/2008 at 13:51)
Laura Norder, Didsbury (27/09/2008 at 13:59)
... and the parents would be under investigation for possible child abuse.
whistlingdixy (27/09/2008 at 14:46)
menreader, cheshire (27/09/2008 at 21:16)
louise stevens-moorhouse (28/09/2008 at 11:04)
CottonWool hater
willing to listen, Middleton (28/09/2008 at 16:18)
Little girls and little boys,for that matter, regularly fall, get their little fingers trapped,go where they should not, climb where they are not allowed and get into all sorts of mischeif and generally get hurt more then once, growing up..
I would be pretty amazed, if the parents themselves could claim, when in THEIR own care, the little girl is watched 24 7 ..
Sad sad world !!
Rt Hon Dr Rev MC Spanner MP QC FCA FRICS JP OK (28/09/2008 at 18:10)
When Spanner Jr started school he scarred himself on a toilet lock but thats what happens to children.
I don't balme the parents or Holyrood but the legal system that allows this sort of claim. If you give up care of your kids, it is a choice made knowing the risks.
Lawrence Glendinning (28/09/2008 at 19:07)
Can I sue them?
The world has gone mad.
steak, Manchester (29/09/2008 at 00:20)
Careless Whisper (29/09/2008 at 11:04)
synikal, Manchester (29/09/2008 at 11:35)
She also has a scar on her chin where she went head first over the handlebars of her bike.... and I am sure she will have many more cuts and bruises to come.
£6,000 payout will only serve to push the prices of daycare up!!
Rt Hon Dr Rev MC Spanner MP QC FCA FRICS JP OK (29/09/2008 at 12:00)
Utter tripe. Do you have finger guards on all your doors? Do all your tables at home have guards on the end?
Mad Welsh Scotsman, Cadishead (29/09/2008 at 12:55)
Mrs Pellow, Manchester (29/09/2008 at 16:16)
I find it hard to beleive that parents would claim against the nursery after a simple fall, i know she has a nasty cut on her nose, but when i was a child, i cant tell you that cuts and grazed i had.
What will be next children can't play out at school incase they fall over and a dinner lady isnt watching, will they get sued for neglict???? Bubble wrap kids it the future!!!!!! NOT!
james Reeder (29/09/2008 at 22:25)
Jonnie, harpurhey (30/09/2008 at 09:48)
i cant beleave that most of the posts about this are negative ellie is my baby cuzon everytime i see her i have to see the scar that shouldnt be there im not sticking up for them just because there my family but because the pay out was right if it was wrong joanne and michael (parents) wouldnt have won the case and been awareded £6000 for her the nusrery admitted they was wrong from the moment of the incident of changing the pipe cover to plastic alls i got to say is was the go to ellie and see you soon
basic legal advice, manchester (02/10/2008 at 16:55)
I sincerley wish that all of you who complain about compensation culture never have to sit in front of me having suffered a serious injury through someone else not doing their simple job correctly. It took 2 minutes to change this radiator box, and Ellie will be scarred for life. If the nursery had done on the day before the accident what they eventually got around to doing the day after, this would never have happened.
Also, by the way, the monies are all invested in a trust fund until Ellie is 18, so her parents have not benefited at all.
paulipips, levenshulme (02/10/2008 at 17:36)
2/10/2008 at 16:55 " thinks we are 'uninformed ranters' .
In my job Compensation culture is a very real part of society. Its often fair but its also often a total rip off joke!
I have worked in A&E for over 10 years and have dealt with VAST amounts of people often with absolutely pathetic trivial injuries needing no more than a couple of paracetamol and an elastoplast.
They take up valuable time and resources (paid for by taxpayers) just so they can get a bit of paperwork for their Composcum Lawyers 4U claim. I've had these wasters ranting on about having to wait hours to be seen ( whilst we are all hands on deck trying to keep seriously ill people alive! ) for a trivial scratch because it "just needs to go on record mate " pah!!!!.... its disgracefull, its a drain on society , it cheapens the moral values of society and its driven by money grubbing Lawyers. With this Credit Crunch we are seeing Bankers getting their comeuppance - lets hope we see lots of society damaging cheap nasty leeching Lawyers go the same way.....I'll be alright anyway cos there will always be a demand for my job despite no glamour to it - all I do is save lives for about one tenth of what a smarmy sleazy suited lawyer earns.
basic legal advice, manchester (03/10/2008 at 21:21)
The major problem is one of perception - people believe that they can successfully try it on - and although they dont succeed - they get told to go away by people by me, or by the court if they slip through the net - those cases dont get reported. And when they lose, and are found guilty of fraud, they dont get punished.
But some people are seriously injured through other's people's negligence. I have come across families of people killed (as you must every day) due to people's laziness. that is equally inexcusable. You do your job to the best of your ability, and that is all a Court will ever expect from you.
The fact that some people are deceitful fraudsters does not mean that everyone is, and Ellie wasnt.
I am married to a health care professional, and understand the pressures that people are under. I really do not think that the fault lies with lawyers, but rather with the people who dont do their jobs properly. If everyone does their job well, there would be ne cases to bring.
My only point in posting was that this case was not an example of "health and safety culture gone mad" - it just feeds ignorant prejudice