Walsall Children's Services

It is vital that extended activity is covered by appropriate insurance.  The governing body will want to check insurance arrangements for extended service activity, possibly after taking professional advice as variations on opening & closing times presents new risks and security arrangements may need changing. If the school is used by other organisations then they will need to ensure that the organisations have public liability cover which meets the LA minimum. 

Employees and volunteers of schools and extended schools are normally covered by the council if undertaking the duties of the council under a written form of agreement for public liability 

It is important to risk assess every activity prior to undertaking and as part of this assessment insurance should be looked at closely. The Risk and Insurance section can be consulted. 

INSURANCE/ RISK MANAGEMENT 

Insurance is a complex and confusing area for most people.  This section aims to provide a simple guide to staff and clients as to what is, and is not, covered by the various insurance policies to which the Council subscribes and which are applicable to children and young people services.  It will also attempt to put them into the context of the Council's risk management policies. 

For further information see  http://inside.walsall.gov.uk/index/risk_and_insurance.htm (Walsall schools only) 

Risk Management   

i)        In order to reduce the level of insurance premiums and their uninsured            losses, the Council has adopted a scheme whereby action taken to reduce the risks of fire, theft, assault, burglary etc. can be sometimes match funded from a central fund. 

ii)          Risk and Insurance Services will undertake risk surveys on premises where a need has been highlighted after completion of Report of Incident forms or as part of a risk management survey programme to provide holistic/proactive approach to risks within children and young people Services.  

iii)        There are various definitions of risk management and perhaps one of the most    relevant for a local authority may be as follows:- 

"A management discipline aimed at saving money, increasing productivity and improving the service delivery." 

*           It is an approach aimed at encouraging the proper management of risk to            which the Council is exposed. 

*           It is multi-disciplinary and advisory.

*           It does not aim to manage the risks directly but aims to foster the concept and culture of risk management among staff and managers. 

*           It does not attempt to do the work of the professionals such as Police, Fire Officers etc. 

The approach to risk management may be summed up in four stages:- 

1. Identification - factors which can destroy or damage assets in the widest sense, not just property. 
2. Quantification - of the impact of frequency and financial cost of identified risks. 
3. Avoidance - a programme aimed at the elimination or reduction of risk     wherever possible. 
4. Financing - of a cost of a risk which cannot be eliminated entirely, possibly  by conventional insurance, self insurance (i.e. internal funding) or letting the cost fall directly on service revenue accounts.  

Elements of Insurance Cover    

i)        The elements of the possible insurance cover required have been categorised as follows:- 

a)         Property 

b)         Motor 

c)         Third Party 

d)            Employees  

e)         Assets What is covered and what is not covered is expanded upon further in the synopsis of cover. 

ii)         As is usual in insurance terms, there is never a simple yes or no and the cover in some cases is dependent upon the facts of the situation. 

iii)         It is advised therefore to seek advice from the Risk and Insurance Services if in doubt about a particular matter. 

A.         Property            

Resources (Risk & Insurance Services) are responsible for the provision of insurance cover for the buildings and the payment of premiums. 

There is a blanket insurance policy covering children and young people properties. The policy is a "Fire Policy" and covers fire, lightning, explosion, aircraft, riot and civil commotion.  It does not cover flood, malicious damage or theft. 

B.         Transport 

i)        Only special school vehicles are covered under a comprehensive Fleet Policy. All other school vehicles require their own motor insurance separate from the council’s arrangements.  

ii)         The Policy is comprehensive and has an excess of £50,000 in respect of accidental damage to our vehicles and in respect of fire or theft.  There is also an excess on third party damage. 

iii)         The Council is covered under the Council's Motor Policy in the event that a client makes a claim for injury or damage whilst travelling in a Council vehicle.  

C.         Third Parties  

i)       Public Liability           

The Council is indemnified under the terms of the public liability policy for its activities. This will provide indemnity against injury or damage to third parties or third party property due to the negligence of the Council or its employees/members and volunteers whilst undertaking the duties of the council. A third party will be required to provide proof of negligence against            the council for a claim to become successful.  

D.       Staff - Personal Injury  

i)        Employer's Liability 

A Council employee who submits a claim for injury as a result of their working environment/practices will have to prove that the Council has been negligent.  

ii)         Personal Accident - Assault 

If a staff member is assaulted during the execution of their job/duties, a claim could be submitted under the Council's personal accident assault policy insofar as the injury meets the requirements of the policy.  Contact the Risk & Insurance Services Section for further details when appropriate. 

iii)         Personal Accident - All Duty 

The Council holds a Personal Accident Policy for all of its employees.  This policy will operate where no negligence has to be proven, but the injury has to fulfil the requirements of the policy.  Contact Risk & Insurance Services Section for further details as appropriate. 

Staff - Personal Property 

iv)       Property belonging to a staff member i.e. clothes, money, jewellery, calculators. briefcases etc. are NOT covered by the Council's insurance.   

v)       In certain circumstances, if property belonging to a member of staff wasdamaged maliciously by a client, then an insurance claim could be made.  Discuss with the Risk & Insurance Services Section. Staff - Miscellaneous 

vii)        Should a staff member be sued for giving incorrect advice, then the claim would be dealt with under the Official’s Indemnity Policy. 

E.         Equipment   

i)        Equipment located in schools establishment is only covered automatically by insurance for the perils of fire lightning civil commotion riot and explosion However a school can obtain balance of risk cover through Risk and Insurance Services.  

ii)         All equipment should be security marked in a prominent position with a             permanent visible marking device such as engraving or by chemical compound. It is essential that signs are displayed in a prominent position around the site, detailing such marking to be in operation. 

iii)         Any particularly vulnerable areas or new installations should be checked with Risk and Insurance for possible Risk Survey or advice. Advice can also be obtained with regard to laptop security. 

Iv)       A Report of Incident Form should be used for reporting all incidents where damage, trespass or a loss has occurred, insured or otherwise, to comply with the Council’s Risk Management Policy, other than incidents involving personal injury or motor vehicle accidents. The form can be found on the Risk and Insurance intranet site within documents and once complete should be returned to Risk and Insurance Services.