5.8 Insurance Arrangements
State Indemnity
The general indemnity to Community and Comprehensive schools is set out in the Deed of Trust, Articles of Management, 13 (i), (ii), (iii), (iv) and is as follows.
The State shall carry its own insurance against Fire Damage to the Buildings of the schools and against occupiers’ liability.
The State shall indemnify the Board and the teaching and non-teaching staff in respect of actions claims or demands taken or made against them arising out of the discharge of their duties whether in respect of pupils or otherwise.
The State shall carry its own insurance in respect of visitors, parents and other members of the public who have permission from the Board or the Minister to be on the school premises in respect of such risks as may be incurred by them while acting in a normal manner on such premises.
The State shall indemnify the Board or the teaching and non-teaching staff against claims by visitors, parents or other members of the public who without permission shall be on the school premises where such claims shall be made in circumstances which do not disclose a default or wrongful act on the part of the Board or the members of the staff against whom such claims are made.
The Board must always be conscious of its duty of care and its obligations under the Safety, Health and Welfare Act, 1989.
The State Claims Agency
The State Claims Agency (SCA) was established, under the provisions of the National Treasury Management Agency (Amendment) Act, 2000. The SCA manages personal injury and third party property damage claims against certain State authorities, including Community and Comprehensive Schools.
The Act sets out two objectives for the SCA: -
To manage claims so as to ensure that the State’s liability and associated legal and other expenses are contained at the lowest achievable level; and
To provide risk advisory services to State authorities with the aim of reducing over time the frequency and severity of claims.
Claims Management
In cases where the State is considered liable or which involve an apportionment of liability as between the State and the claimant, the SCA’s approach is to settle such claims expeditiously in so far as it is possible to do so on reasonable terms. In cases where liability is fully disputed by the State, all necessary resources are applied to defending such claims robustly.
Risk Management
The SCA’s risk management objective is to advise and assist State authorities on measures to be taken to prevent the occurrence, or to reduce the incidence, of acts or omissions that may give rise to claims. The risk management process incorporates the following: -
Identification of litigation risks
Claims Trend Analysis
Health and Safety Reviews
Risk Evaluations and Audits
Health and Safety Risk Management advice through seminars, site visits and help desk.
These actions are completed to assess the adequacy of measures already in place within State Authorities and where necessary make recommendations.
The SCA works closely with the Department of Education and Science and appropriate education partners on specific initiatives and to promote good health and safety risk management practices.
Third Party Insurance – Letters of Indemnity
Schools Using 3rd Party property/facilities
Individual letters of indemnity can be obtained from the SCA for use by the school should they intend to use approved third party property or facilities. This letter will outline to third party insurers that “the school, its servants and/or agents, will be indemnified by the State in respect of the planned trip/activity/use of facility to be held at a named location on a particular date.
This indemnity, however, extends to cover only the negligence of the school, its servants and/or agents and does not extend to indemnify the third party, its servants and/or agents concerning any negligent act or omission by the latter by reference to the Occupiers Liability Act, 1995 or at Common Law.”
Schools must also obtain proof of appropriate insurance from the third party.
3rd Parties Using School property/facilities
When considering an application for use of a school facility, the Board should obtain full information in writing to enable it to make a decision whether or not to grant the application. The Board must satisfy itself that bodies, which use the school facilities, are properly constituted with a responsible person or committee in charge of the activity.
In establishing a policy on this matter, the Board should ensure that no third party is permitted to use a school facility without there being in place an indemnity protecting the school and the DES against any claim by any person arising out of the third party’s presence on the school premises.
The Board should ensure that no outside body is granted a lease, or rental agreement, or right which could in any way give occupancy rights to the user group.
(For more details relating to this matter Boards of Management and Principals should consult the Administrative and Financial Guidelines of the DES, Sections 21, 22 and 23 and the Appendix attached thereto.)
Accident Investigation
The Board of Management should establish procedures for the investigation and recording of accidents that may occur on the school premises or during school-related activities. Accident reports, as described in Appendix 8 to Section 22 of the Administrative and Financial Guidelines, should be detailed, providing sufficient documentary and photographic evidence of the accident and the accident scene. A sample Accident Report form is provided in Appendix 8 of the Guidelines.
Where the accident involves an item of equipment or furniture, it is recommended that it be maintained in its existing state so as to be available for inspection should legal proceedings be taken. When the accident is due to damaged furniture or equipment, this should be withdrawn from use immediately. If the cause of the accident involves footpaths, doors, windows, etc. appropriate evidence (e.g. photographs) should be retained. These records are crucial in the event of any subsequent litigation and help to reduce the possible liability of the school and of the State.
Once the cause of the accident has been identified, remedial action should be taken to prevent a recurrence.
Duty to Report Adverse Incidents
Under the Act, State authorities including Community & Comprehensive Schools are obliged to report adverse incidents promptly to the SCA and to facilitate any subsequent investigation.
What Accidents to Report to the State Claims Agency
The SCA should be notified immediately by phone in the event of a fatality or a serious injury, which include amputations, injury to an eye, serious burns or other injuries leading to resuscitation. Otherwise, the following are guidelines as to the types of incidents that should be reported: -
Injuries requiring medical attention by a doctor or attendance at a hospital; involving teachers, school children, contractor, members of the public, etc.
Where a school employee is absent from work for any period of time (including incidents where less than 3 days were lost) and the absence is directly attributable to a work-related activity/environment (this includes circumstances where the absence occurs some time after the incident);
Where a pupil is absent from school for any period of time (including incidents where less than 3 days were lost) and the absence is directly attributable to a school-related activity/environment (this includes circumstances where the absence occurs some time after the incident);
Where a school employee or ex-employee has requested health screening arising from alleged exposure to work environments e.g. asbestos, noise, dust, fumes, biological or chemical agents;
Where a school becomes aware of an incident (involving personal injury) on its premises involving a visitor, recreational user or trespasser;
Where a vehicle that is privately owned, hired or belonging to a school is involved in a road traffic accident while in the course of school business;
Where the property of a third party has been damaged as a result of the activities of an employee of the school.
Please contact the SCA’s Risk Management Unit (01-6640900) if you are in doubt as to whether a particular incident should be reported or you wish to clarify any risk management, indemnity or insurance related query.
Insurance for Work Experience
Work Experience for students has become an essential element of the school curriculum. Special arrangements have been put in place by the DES with a commercial insurance company to cover these activities. (See section 7.8 of Tagairt)