Dealing with the issue of liability cover can be daunting. Don't panic, Unity (Scout Insurance Services) has everything you need to know.
Unity provides the following liability cover to Scouting:
Either automatically provided by The Scout Association:
- Public Liability Insurance (including property owners' and products liability)
- Trustee Indemnity Insurance
There is no need for your Group to take out insurance for public liability or trustee indemnity insurance.
Or for Groups, Districts or Counties to purchase, if needed:
- Employers' Liability
- Campsite Liability
- Non-member Children Public Liability and Personal Accident Cover
If you want to talk to us feel free to give us a call, on 0845 0945 703.
Public Liability insurance covers the cost of compensation to third parties for injury, loss or damage to body or property caused by the negligence of your staff, volunteers or members.
This may also be refered to as Legal Liability Insurance.
The Scout Association arranges a substantial and comprehensive Public Liability Policy which will, at the request of the Association, provide indemnity for Commissioners, Leaders and other persons authorised to be in charge of, or to assist with, a Scout activity against claims made by members under their control, or their parents/guardians, or by third parties, alleging legal liability arising out of accidents occurring during any authorised Scout activity.
It extends to all those authorised to be in charge of Beaver Scouts, Cub Scouts, Scouts, Explorer Scouts or members of Scout Network, while they are engaged in a properly organised and authorised activity abroad, as well as British Scout Leaders who assume temporary responsibility for parties of foreign Scouts visiting the British Isles to participate in Scout activities organised by a British Scout Group, District or County.
Property Owner’s Liability
The TSA’s Public Liability policy also covers the property owner’s liability which rests upon any Scout authority which owns, or is responsible for the upkeep of land or buildings (except for liability accepted under any agreement - see note on indemnity agreements). Therefore if a member of the public trips over at your Scout premises and breaks an arm alleging your Scout Group was negligent you would be covered under the TSA’s Public Liability insurance to defend and meet the claim. This cover would apply if the incident occurred at a Scout run event, or while another organisation was using your Scout premises.
If you are holding a BBQ and serving food or drinks to members of the public you could be held liable if the sausages or chicken are not quite cooked through resulting in illness. Do not worry though, this is covered by the Products Liability section of the Public Liability Policy. Products Liability is to cover your liability for making products you have produced available to the public.
The Scout Association’s Public Liability Policy does not cover legal liability arising out of the ownership and/or driving/piloting of motor vehicles, aircraft and/or gliders. Nor does it fully cover liability for injuries to third parties and/or damage to third party property arising out of ownership or operation of boats. However, additional liability policies are arranged by the Association in respect of marine and air activities.
Every Leader or Instructor is expected to operate within the rules for sailing, canoeing, rock climbing, abseiling, mountaineering, parascending, building and operating aerial runways, and other adventurous activities. The Association’s schemes of authorization must be used. This is a pre-requisite to indemnity being given under the Association’s policy.
If aerial runways, abseiling or climbing activities are to be included as an attraction at a public event, then they must be used only by properly supervised members of the Movement or other permitted persons as a form of display or demonstration. In any situation The Scout Association’s aerial runway code must be fully complied with and, of course, the use of climbing walls for climbing or abseiling must comply with the appropriate activity rules (see P.O.R. Rules 9.34 Climbing and Abseiling).
Members of the public may use climbing or abseiling equipment if additional Campsite Liability insurance cover is purchased from Unity. Please contact Unity for details.
If a Scout Group is arranging to use for an event or activity, land, premises or any other facility belonging to another authority, organisation or individual, and is required to sign an agreement or indemnity, they must contact Unity (Scout Insurance Services). The acceptability of the agreement or indemnity terms, and the adequacy of the Association’s Public Liability Policy in relation to them, need to be confirmed by Unity before proceeding with the arrangements, or signing an agreement or indemnity.
Many of you are interested in Trustee Indemnity Insurance cover. As a result of a change in Charity
Commission rules (which, until June 2007, precluded Scouts from buying a Trustee Indemnity Insurance policy), cover can now legally be purchased.
Broadly, a Trustee Indemnity Insurance policy is designed to cover Trustees in the event that they are held personally liable for the loss of charity assets or for making a decision which results in the charity sustaining a loss in financial terms. It does not cover acts which the trustee knew (or should reasonably have known) would constitute a breach of trust, so deliberate malfeasance would not be covered.
Having considered the merits of such cover, The Scout Association elected to arrange a national policy to cover trustees of any Scout charity. That includes members of executive committees of Scout Districts, Counties and Groups, as well as those who manage other Scout assets such as building or campsite committees.
Who is covered?
Any person elected, co opted or appointed to act as a trustee to Scout assets (these will usually be the members of an Executive Committee).
What are they covered for?
Personal liability to make good a loss to the charity caused by their
joint or several action.
What is not covered?
Acts which the trustee(s) knew (or should reasonably have known) could
result in a breach of trust.
Acts taken in reckless disregard of whether a breach of trust might
occur or not.
Trustee Indemnity Insurance Summary
The provision of cover is designed to protect people who, having acted
responsibly and honestly, find themselves being held to account. An
obvious example might be where they have sent a cheque to pay for
insurance, it is mislaid in the post and an uninsured loss occurs.
The premium is paid centrally by The Scout Association, and as such, they have set a limit of indemnity they see adequate for the membership, so no additional cover need be purchased.
Please contact us for more information.
Where a person is employed (such as a manager, caretaker, cleaner, warden etc) legislation requires adequate Employers' Liability Insurance to be arranged.
We can arrange this for you on completion of a simple questionnaire.
Please contact us for more information.
Further information from the Health and Safety Executive can be found at here, Employers’ Liability (Compulsory Insurance) Act 1969 - A brief guide for employers.
(Please note we are not responsible for any of the content listed at this link, it is provided purely as a helpful reference.)
This insurance is available to those Scout Campsites and Activity Centres who wish to permit non-Scouts to use climbing and abseiling facilities at their site.
The policy will indemnify the operating Scout authority, its members, servants or agents for all sums which it/they become legally liable to pay for compensation and claimant costs and expenses in respect of and arising out of bodily injury to any non Scout participating in climbing or abseiling activities using Scout owned/operated facilities, equipment, and/or instructors.
Please contact us for more information.
This is a scheme for children (under 18 years old) who are not Members of The Scout Association, but who attend, or take part in, weekly meetings or events because they are accompanying their parent(s), or with other adults. This can also cover crêches opened by groups.
Two types of cover are available:
- Public Liability
- Personal Accident Insurance
This cover is arranged through Scout Counties and Areas.
For further information, or to request an application pack, please contact us
What to do if you or your Scout Group receives a liability claim against you
For information on the Liability support provided by Unity and what to do should a claim be made against a member or Group, please click here.