Off–Site Insurance (Summary)

31kB Size 3 Downloads 7 Views

site activity insurance is arranged through the Central Bedfordshire Council's insurers and most, if not all other insurers, the policy will not provide cover for ...
Appendix Q

Off–Site Insurance (Summary) 1 Central Bedfordshire Council (CBC) carries third party/public liability and employer's liability insurance in respect of sums for which it becomes legally liable to pay in compensation arising out of: •

accidental bodily injury to staff as a result of CBC’s negligence (employer's liability insurance)



accidental bodily injury or illness (fatal or otherwise) to any person other than a person employed under a contract of service or apprenticeship with CBC, if such injury or illness arises out of, and in the course of employment (public liability insurance)



accidental loss or damage caused to property of third parties when such injury, illness, loss or damage occurs during the currency of the policy and arises out of the exercise of the functions of Central Bedfordshire Council (public liability insurance).

2 However, although insurance cover exists, insurers expect that all reasonable precautions will be taken to prevent accidental loss, damage or injury. 3 CBC’s liability policy would not cover claims arising from injury to unofficial members of school parties, damage to their property, or claims for injury or damage caused by them. CBC’s liability policy does cover the liabilities of official volunteers. 4 Please note that CBC does not accept responsibility for: • • • • • •

the loss of any participants' personal property on the school or youth centre premises or on visits and journeys loss of deposit on cancellation loss of luggage, personal effects, money personal accident cover for young people, except when attending Blue Peris Mountain centre where cover is already provided emergency medical treatment for participants the personal legal liability of teachers, youth workers, supervisors or participants arising from independent activities not directly related to the primary objectives of the visit or journey. For example, a group may be staying at a centre where, on a particular evening, some form of entertainment (e.g., a disco) is provided which enables reduced supervision. This may allow some of the accompanying adults to temporarily be off duty. If any subsequent activity of these adults led to a third party suffering bodily injury or damage to their property, there is no liability on CBC and no cover is available under their Third Party Liability Insurance.

Central Bedfordshire Council

September 2014

Appendix Q

5 Staff and young people participating in visits and journeys should be made aware of this and advised to make their own arrangement. 6 The Central Bedfordshire Insurance Team recommend that schools take out an annual insurance policy to ensure all off site activities are covered. Where schools take out insurance on an ad hoc basis they need to ensure they obtain insurance cover for all off-site activities by notifying the Insurance Team: [email protected] . 7 Whenever an establishment is asked to sign an indemnity form, the unsigned indemnity form must be forwarded to the Insurance Team,(address below) to arrive at least 14 days before the visit or journey is due to take place. The Insurance Team will check the indemnity and arrange for it to be signed by the Insurance Officer. Under no circumstances should you allow young people, their parents or the establishment to sign such forms without seeking advice from the Insurance Team. 8 It is vitally important that when a visit involves travel abroad, residential stays or adventure activity, Headteachers or youth workers must take out what is termed ‘Offsite Activity Insurance’ This insurance can provide cover for contingencies listed in paragraph 4. This insurance is available for official members of school parties only. A school journey or travel insurance policy normally provides personal liability cover. This would provide cover for members of staff while off duty. The CBC Insurance Team will give advice and supply suitable cover. 9 Where insurance cover is provided as part of a visit package, details of the insurance must be carefully scrutinised to check that, amongst other things, the insurance policy covers staff and young persons with pre-existing medical needs. Where offsite activity insurance is arranged through the Central Bedfordshire Council's insurers and most, if not all other insurers, the policy will not provide cover for those staff or young persons travelling against a doctor's advice or for dental or optical expenses unless incurred as the result of an emergency. The policy will not provide cover for staff or volunteers who are beyond the 32nd week of pregnancy. 10 It is most important that parents are informed in writing of the nature and extent of the insurance cover provided for a visit or journey. The organiser of the visit should send to parents (or those with parental responsibility) the Statement on Insurance cover (Appendix E) along with details of any additional insurance cover provided specifically for that visit or journey. 11 Permanent CBC employees who suffer death or permanent physical disablement arising from an accident whilst on duty are entitled to benefits under the Local Authority’s Personal Accident Scheme (this includes teachers being involved in, organising, or supervising out-of-school activities). The scheme also includes parttime employees who have a contract of service, however low the number of hours worked. 12 Do not assume that school journey insurance will cover clothing and equipment hired for a school visit. Establishments should check with the hiring company on whether or not insurance cover is included within the hiring fee.

Central Bedfordshire Council

September 2014

Appendix Q

13 School journey insurance will only cover cancellations made for a good reason, (e.g., illness of a young person - a medical certificate will be required). 14 It is not usual for travel policies to include cover for failure or bankruptcy of a holiday centre or travel company.

Insurance - minibuses 15 Central Bedfordshire Council has arranged appropriate insurance for minibuses (vehicles that have a maximum passenger carrying capacity of 16 passengers excluding the driver) and other vehicles which have been handed over to the Authority and for which it has been requested to provide cover (chargeable to the school’s or establishment’s budget). Headteachers and youth workers must ensure that the vehicle is correctly licensed and, where applicable, has a valid MOT certificate. The vehicle must be used only on CBC business or for the activities of the school or youth club/project. 16 Drivers of the vehicle must be aged 21 or over, have held a full, clean, car driving licence for at least two years and have completed a Driver Safety Assessment. In the UK, drivers who have passed a car driving test on or after 1 January, 1997 and are not deemed to be “unpaid volunteers" cannot drive a minibus unless they have passed a category D minibus test or a PCV test. Advice from the DVLA is that this applies to all Local Authority employees who are required to drive minibuses owned or hired by the school or the Local Authority. (Refer to Section 14 of EVJ Policy) 17 Taking a minibus onto the Continent will require a PCV qualified driver and the vehicle to be equipped with a working Tachograph with a certificate of calibration. 18 Additional insurance covering vehicle breakdown that includes passenger and vehicle repatriation back to the UK will also be required. 19 Other items including breakdown warning triangle, spare bulb kit, first aid kit and fire extinguisher must also be carried. 20 Headteachers and youth workers must satisfy themselves that the driver is an appropriate person to drive the type of vehicle in question. Except in an emergency, drivers should be Central Bedfordshire Council employees or recognised voluntary workers who have passed a Driver Safety Assessment.

Insurance - private Cars 21 The use of private cars for the transport of young people must be avoided wherever possible. The issues of insurance along with those surrounding child protection, 'in loco parentis' and a driver's competence must be considered carefully.

Central Bedfordshire Council

September 2014

Appendix Q

22 When school staff or youth workers wish to use their own cars to transport young people, neither CBC’s third party policy, nor the employer's liability policy is effective. In the event of an accident, any claim by a participant alleging negligence would usually be against the member of staff/youth worker, as the driver of the car, and not against CBC. Any claim would have to be dealt with by his/her insurance company. 23 If heads of establishment choose to go against LA guidance and use a member of staff’s private vehicle to transport young people they must ensure that the following requirements are met: •

parents of young people involved in the visit must give written permission for their children to be conveyed in private cars



drivers must be insured to use their vehicles for Local Authority business and for the purpose of transporting young people on educational visits. Motor insurance certificates must be checked to verify business use and that the policy is current. Drivers should check with their own insurance company to ensure that they have the appropriate cover



vehicles must be in a roadworthy condition for the safe conveyance of young people, for a vehicle over 3 years old a MOT certificate must be produced



a full relevant driving licence, including the paper copy must be seen



vehicles must not carry more passengers than there are seat belts available. Passengers must wear the seat belts and have correct size booster seats where appropriate

Central Bedfordshire Council

September 2014

Comments