This case study relates to a claim made by our client following an assault she suffered during the course of her employment in a children's residential facility. The incident occurred in December 2019.

Our client was referred to Thompsons by her union, so that our personal injury solicitors could pursue compensation on her behalf.

The background

The site of the workplace incident was a residential care home which housed four children. At the time of the assault our client had been working at the facility for approximately three months and in that time seven members of staff had left. It was our client's opinion that the care home was in crisis and had been for some time.

On the date of the incident, our client arrived at the facility for her shift to find the house in significant disarray following a disturbance.

Later in the evening, our client, along with a visiting supervisor had gone to the room of one of the children involved in the disturbance, a 13-year-old girl who had a history of violence and disruptive behaviour. The supervisor led the action, but as they attempted to enter the girl's room, the resident tried to escape. She punched our client in the left side of her face as she tried to get past.

The supervisor decided that they needed to restrain the resident who was on her bed. As our client attempted to hold the girl's wrist, she was kicked in the chest. The girl used both feet in the attack.

Following the assault our client called the police.

The consequences

Our client had sustained a chest injury. She attended NInewells Hospital where x-rays revealed she had a fractured sternum. She suffered significant bruising and pain.

She also experienced panic attacks and nightmares relating to the incident. Our client's GP signed her off work for three weeks and she lost earnings as a result. By April 2020, our client had still not been able to return to work.

The resident was charged with actual bodily harm as a result of the assault.

The settlement

Our client believed that the supervisor had not assisted her correctly as they attempted to restrain the resident child, so we intimated a claim to our client's employer on the basis that the restraining techniques applied on that day should not have been used.

The claim was made with reference to Regulation 3 of the Management of Health and Safety at Work Regulations 1999. Given that the resident had previously exhibited violent episodes, suitable control measures should have been put in place. A suitable and sufficient risk assessment had not been undertaken. The supervisor did not follow specific training techniques that could have assisted in the situation and, it appears, her actions escalated the situation.

Liability was admitted.

An initial personal injury compensation settlement offer of £10,210 was made by the defender. This was rejected by our client.

Thompsons' personal injury solicitors raised the claim in court and, thereafter, a further settlement sum of £13,000 was tendered by the defender. Following further discussions with our client this offer was also rejected and we put forward a counter offer of £20,000.

The defender increased their offer to £15,000. Our client was happy to accept this sum and the settlement was agreed on 12 August 2022.