The Value of Quality Insurers when Allegations are Made
Ecclesiastical, the parent company of Ansvar recently published a review of defended claims that had been bought against non profit organisations. The full document is online here. It contains examples of cases where claims were bought against charities where the circumstances were disputed. These examples included Ipswich Library and Reading Rooms who defended a claim bought by a service user alleging a simple trip in a cloakroom where evidence to the contrary was successfully used to persuade the claimant to cease.
The message from incidents like these is important – All organisations should maintain thorough accident logs detailing incidents when they happen so that the detail can be recalled at a later date.
Further examples in the pack include cases where the activities involved already carried significant risk to those participating. In such circumstances it is essential that proper risk assessments are carried out; that the equipment used is appropriate and the organisers experience adequate. However, accidents will happen and in these circumstances, if the organisation has done everything reasonable to reduce obvious risks then claims can and should be defended. Example’s in the Ecclesiastical report include injuries on outdoor activities, such as outbound trusts and a school hockey game that ended in an injury to a players mouth.
Following that theme, the pack includes cases where defence was important because the allegation, if upheld, would have had wider consequences for all organisations, particularly where the provisions of the Work Equipment Regulations are used. Examples here included the fitting of bedsheets and separately, the use of pillow cases in a sack race! In both cases, the organisation was able to defend the allegation that either item was effectively work equipment and the claims were ultimately unsuccessful.
In all of the examples above, one clear factor is highlighted. Having an effective and experienced team on your side in the event of an allegation against your organisation is very valuable.
