Within a legal view, the term ‘abuse’ is captures metal, physical and sexual abuse.

Throughout the UK it is a sad reality that claims relating to abuse are becoming more and more regular. In this day and age it is important to know the differences in types of abuse claims, how to deal with such a risk and the know what insurance covers are available to protect not for profit organisations in the case a claim was to arise.

Criminal or Civil abuse

Abuse claims are made in either the civil or criminal court but there is a difference between the two to consider. When the claim involves any form of sexual assault (criminal) this is a serious alleged offence and is dealt with by a Crown Court. A claim for a form of compensation made by the injured against the person committing the offence is considered a civil claim. The main difference between the two that all not for profit organisations need to be aware of in these cases is that any civil claim is subject to a limitation period whereas criminal claims are not.

Limitation Period

In the main, the limitation period is the period in which a claim can be made and is an important factor to know and discuss when insurance cover is being arranged. In most criminal abuse cases there is no limitation period, whereas civil abuse or personal injury claims are usually set with a three-year limitation period.

Nevertheless, this is not as straight forward or set in stone. Due to many criminal abuse claims consisting of or including claims of neglect or abuse spanning back years or even decades, each case is reviewed in its entirety and the decision on this is made on an individual basis following the Limitation Act.

When does the Limitation Period start?

In most cases the Limitation period would start from the day the incident occurred or on the date the person becomes aware that the abuse in question had taken place. In cases involving minors the Limitation period does not commence until the child reaches the age of 18 years old. The rules on limitation periods also differ when the claim involves an adult who does not have mental capacity.

Minimising the chase of Abuse within a Charitable Organisation

• Creating a person-centred workplace.
• Encouraging empowerment and working continually to manage the risk.
• Working with employees with ongoing training and education to rase awareness.
• Understanding and noticing the signs of abuse to allow them to be addressed as soon as possible.
• Identifying those that could be or are more likely to be at risk.
• Implementing relevant policies and procedures within the charity or social enterprise.
• Ensure all employees and volunteers have relevant references and DBS checks.

Risk Management Planning

Using risk management planning within a not for profit organisation can be a great support for the employees and volunteers. Within this it should mark out the known risks, chances of each risk occurring and how this would impact the organisation and those involved. The plan should also include options to reduce or eliminate the risk in question, along with appropriate policies to be followed by employees and volunteers to give them the knowledge on how to handle abuse allegations and how to escalate them.

Insurance cover and why it is important

Having the appropriate insurance cover with reasonable legal representation with long-term protection providing all those involved with specialist support and reassurance.

Claims Occurring and Claims Made insurance

The difference between the two types of cover is that;

Claims Occurring cover allows claims to be made at any point in the future as long as the incident happen when the cover was in place and is reported accordingly following any terms and conditions.

Claims Made cover will only accept claims made within the period of insurance, again as long as they were reported accordingly following any terms and conditions. Any claims filed once the cover has ended will not be covered even if they are genuine.