Sports clubs and organisations, as well as expedition leaders and schools, must ensure that adequate insurance arrangements are in place, this is especially so in view of the increase in litigation. This applies to all those taking part in sport and recreation as administrative officials, coaches or participants themselves, having a duty of care and responsibility to ensure that anything they do does not cause injury or financial loss to others, or damage to property. If they do cause such damage, and 'negligence' can be proven, they become legally liable to pay compensation.
Insurance may be provided by, for example, a travel firm, a bank, an insurance company or an LEA for schools.. Head teachers and group leaders in county and controlled schools should clarify with the LEA what insurance provision exists and what additional cover may need to be arranged.
LEAs, under Section 3 (1) (a) of the Employers' Liability (Compulsory Insurance) Act 1969, are exempt from the requirement to have employers' liability insurance against the risk of injury to their employees. Sports clubs do not have similar rights.
Insurance policies are legal documents, and it is best for organisations to use a firm which specialises in sports insurance. Some national governing bodies of sport have their own schemes.
Organisations should be able to show evidence of having thought through an event or activity and, where appropriate, have made a risk assessment.
The following are some of the many points requiring consideration:
- Employers' liability
- Public liability
- Insurance cover for parents helping sports club juniors or school pupils
- Personal accident cover for leaders, teachers, club members and school pupils
- Costs of medical treatment
- Specialised risk activities (often excluded from standard policies) and the costs of evacuation for medical reasons when abroad.
- Damage or loss of hired equipment (check the wording of the hire agreement)
- Programmed and non-programmed activities
- Transport and accommodation expenses in case of emergency
- Compensation against cancellation or delay
- Compensation for loss or damage of baggage and personal effects, including money
- Legal assistance in the recovery of claims, and for failure or bankruptcy of a facility or travel/bus company and a bail bond for overseas travel in some countries
- Cover for hazardous or potentially hazardous activities. Check for exclusions in a policy
- Additional cover may be necessary for club members or participants with medical conditions
- Check insurance policy of any hired transport company, etc
- Check that the driver of any mini-bus, etc, is appropriately insured
- Check that club members/teachers carrying juniors/adults in their own vehicles have appropriate cover
- Check sports club insurance cover for bars and catering - with any resulting sickness from food
- Club juniors and those in schools may have medical or special education needs, and if taking responsibility for these groups it is necessary for leaders to have appropriate information (ref: 14/96) DfEE/Department of Health circular, and have appropriate insurance cover.
Such a formidable list needs the use of a specialist firm, and the Central Council of Physical Recreation (CCPR) is in association with such a company (Perkins Slade). This is available to national governing bodies, sports clubs, individuals and schools.
Contact:
Perkins Slade
Elizabeth House
22 Suffolk Street
Queensway
Birmingham
B1 1LF
Tel: 0121 625 8080
Fax: 0121 625 9000