Liability insurance

Protection

Liability insurance protects the school employees and governors against their legal liability for accidental bodily injury, illness or disease to third parties or accidental loss or damage to third party property arising out of the school's usual activities.

It also protects the school and its governors against their legal liability for bodily injury, illness or disease suffered by any persons under a contract of employment or apprenticeship with the school arising out of and in the course of their employment

In addition to day to day normal school activities, the cover extends to include "away from school activities", visits to firms and community studies and forest school activities providing they are officially organised and supervised by the school.

Risk assessments should be carried out in advance of all activities to enable the school to minimise the risk of injury, loss or damage.

The Council also requires that all contractors carrying out work on site have a minimum of £5 million public liability insurance.

Claims procedure

In order for a claim to succeed, the claimant must prove that the council, employees or governors were negligent in causing the injury.

If an incident occurs, complete the health and safety accident report form to provide details of the incident, together with the relevant accident book and first aider report.

Should any member of staff witness the incident, ensure they make a full written statement of what happened.

If the injured party indicates that he/she wishes to make a claim, they should be instructed to do so in writing to the Insurance Team giving the following details: 

1. Date and time of the incident.
2. Details of what happened.
3. Reasons they are holding the council responsible for their injuries.
4. Details of the losses suffered by them.
5. The amount they are looking to claim.

Should a letter of claim be received by the department, forward it immediately to the Insurance Team (insurance@oxfordshire.gov.uk).

No admission of liability should be made to any third party or employee.

The Insurance Team will acknowledge receipt of the claim and conduct an investigation into the incident. Usually the following documentation will also be requested: 

1. A short report into the circumstance of the incident.
2. A copy of the accident report form submitted to Health and Safety.
3. First aider report.
4. Accident book entry.
5. A copy of the Riddor report to HSE.
6. Pre-incident risk assessment.
7. Post-incident risk assessment.
8. A copy of any witness statements taken.
9. Maintenance/inspection information.
10. Training records (if the claimant is an employee).

Volunteers

• Insurance policies extend to cover any volunteer working under the direct control and supervision of the council.
• Level of supervision will depend on the competency of volunteer and activity involved.
• To reduce the risk of claims arising and to protect the individuals concerned, the council should provide relevant training and instructions to the volunteers.
• Any relevant personal protective equipment should be provided.
• References and, where necessary, police checks should also be taken up before the voluntary assistance commencing.

Over 70s policy,

• Increasingly, the school may engage the services of employees or volunteers over the age of 70.
• In such cases, risk assessments should be carried out annually, paying particular care to match duties with the individual's ability to perform the tasks reasonably easily.
• Copies of these documents should be forwarded to the council's Insurance Team along with the individuals job description (insurance@oxfordshire.gov.uk).
• Appropriate job descriptions should be written and revised, again on an annual basis
• Full details, including a risk assessment, can be found on the attached Over 70’s policy document (docx format, 55Kb)