Liability Cover
Dealing with the issue of Liability cover can be daunting.
Don't panic though, Unity has everything you need to know.
If you want to talk to us feel free to give us a call, email, send a letter, or get us to call you back.
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Legal Liability Insurance
The Scout Association arranges a substantial and comprehensive Legal 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 Home Unit.
The policy also extends to protect those responsible for the organisation and running of Scout fund raising events and covers the property owner’s liability which rests upon any Scout authority which owns, or is responsible for the upkeep of, land and/or buildings (except for liability accepted under any agreement - see note on indemnity agreements,).
The Scout Association’s Legal 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.
If any tree felling or lopping is to be undertaken as a Scout service or fundraising project, those responsible for planning and executing the activity must acquaint themselves with the relevant fact sheets available from the Information Centre at Gilwell Park. Trees near buildings (including outbuildings, sheds etc.), footpaths or roads must be reduced in height in sections, each section to be no longer than the distance from the tree to the building, or other obstruction.
Those responsible for organising Scout Fetes, Bazaars, and so on, need to remember that a large number of people congregating together in a limited space constitutes a high liability risk. Therefore, sideshows must be carefully sited and adequately screened especially where the attraction could be dangerous, such as a coconut shy or darts.)
There must be sufficient adult supervision and an organising committee conscious of their responsibility to stop the operation of any particular sideshows or attraction which gives any sign of becoming a hazard to the safety of people attending the function.
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 40.3)
Indemnity Agreements
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 should contact Unity Insurance Services. The acceptability of the agreement or indemnity terms, and the adequacy of the Association’s Legal Liability Policy in relation to them, need to be confirmed by Unity Insurance Service before proceeding with the arrangements, or signing an agreement or indemnity.
Trustee Indemnity Insurance
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?
Criminal actions.
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.
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.
Employers' Liability
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.
Campsite Liability
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.
Non-member Children Public Liability and Personal Accident Cover
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
For further information, or to request an application pack, please contact us