25. Insurance Arrangements for Community and Comprehensive Schools

Last updated: Tue, Sep 20th, 2016 7:46:45 pm

25.1          The State carries its own insurable risks in respect of Community and Comprehensive schools.

25.2          The general indemnity (State Indemnity) to community and comprehensive schools as set out in the Second Schedule to the Deed of Trust is as follows:

(i)         The State shall carry its own insurance against Fire Damage to the buildings of the schools and against occupiers' liability.

(ii)        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.

(iii)       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

(iv)       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.

Members of teaching and non-teaching staff who are carrying out their duties in accordance with the instructions of the school's board of management as conveyed to them in the normal manner, are fully indemnified as stated in paragraphs (ii) and (iv) of the indemnity.

             Application of State Indemnity in Community and Comprehensive Schools

25.3     Procedures for processing actions, claims or demands (excluding personal injuries and third party property damage) relating to the State Indemnity that do not come within the ambit of the State Claims Agency are set out in Appendix 13  and the relevant Notification Form is set out in Appendix 12.

25.4     Claims brought against the Board of Management which are associated with personal injuries and third party property are managed by the State Claims Agency (SCA) The relevant information regarding the management of these claims is set out in Appendix 14.