Nursery pays five-figure sum after toddler breaks leg on first day of care

Digby Brown helped a family secure damages after their one-year-old daughter suffered a broken leg just 90 minutes into her first day of care.

Skye Tucker suffered the painful injury at Little Clouds Nursery in Aberdeen after she fell from a nappy changing table.

The tot then faced additional suffering as she did not receive medical care for nearly 10 hours.

Earlier this year, parents Kyle and Sheena Tucker confirmed their legal action was underway after seeking the help of Digby Brown in Aberdeen.

Their case has now ended successfully and the Tucker family has encouraged other parents to seek second opinions if there are doubts over care standards.

In a statement, Kyle and Sheena said: “Skye has now fully recovered and her physical wellbeing has always been the utmost priority so we’re glad there was no lasting harm.

“We know Little Clouds staff did not set out to harm any child that day but what happened to Skye was totally avoidable.

“The nursery held its hands up very quickly and we appreciated that - but a private message is one thing and accountability and a commitment to improving is another.

“We wanted to make sure nothing like this would happen again and that other parents would be able to make informed decisions about their child’s care so we felt a civil claim was the best way to do that and we hope our success in the matter inspires other parents to challenge concerns they have over their own child’s welfare.

“Incidents like this skew or damage all sense of trust and can leave families with permanent doubts about the ongoing safety and welfare of children – that simply can’t happen as families deserve to know the place they leave their child has their welfare in mind at every moment of the day.”

Skye and her twin brother Aaron - now aged two - were 90 minutes into their first full day of care on January 7 this year when the incident happened. 

It’s understood Skye fell from the changing table shortly after 9am when a staff member left her unattended while looking for nappy cream.

In a nursery-to-parent message service it was noted: “[Skye] was sad when this happened but she has [had] lots of cuddles and is absolutely fine.”

The infant was also given an ice pack.

Skye and her brother remained at nursery for the rest of the scheduled time but her parents took her to A&E after she continued to show discomfort at home.

That’s when medics at Royal Aberdeen Children’s Hospital confirmed Skye suffered an undisplaced proximal tibial fracture to her right leg.

The Care Inspectorate investigated Little Clouds Nursery in the Altens area of Aberdeen and upheld five complaints after identifying numerous failings in care and communication.

Skye and Aaron were also moved to a new care provider after the incident.

Neil Davidson, Partner at our Aberdeen office who helped the Tucker family with their legal claim, said: “A really sad part of child injuries – especially when they are so young – is knowing they were suffering without being able to comprehend or communicate, so I’m truly glad Skye made a full recovery. 

“Nurseries have safety processes and regulations to avoid situations precisely like what happened to Skye and I applaud Kyle and Sheena for their bravery as their sincere motivation to take action really does help protect other children and empower other parents.”

Skye’s story was reported across the media including Daily Record, STV and Press & Journal.