Out of School Insurance - Frequently Asked Questions
What is Public Liability insurance and why is it so
important? - Public Liability insurance covers you if someone in your care, or a member of the public, suffers an injury that is held by law to be your fault. Typical examples would be a visitor who slips on a wet floor, which had not been properly cleaned or a child who traps his fingers in a door. Such incidents can lead to claims being made against out of school clubs and you need Public Liability insurance to protect your interests against such lawsuits.
- What is Employers’ Liability insurance?
- If you employ anyone you are required by law to take out Employers’ Liability cover. It is similar to Public Liability insurance, but relates specifically to employees. Recent examples have included an employee injured when a cupboard fell off the wall; and an employee injured following a fall from a ladder.
- What is the difference between Liability and Personal Accident insurance?
- Liability insurance covers you for damages and costs that may be awarded against you in a Court of Law, when you have been found to be at fault. The Personal Accident section provides an agreed amount of compensation in the event of an injury, such as loss of a limb or loss of sight, suffered by an out of school club official or club child in an accident, irrespective of who may have been at fault. A full list of injuries for which compensation would be payable is stated on page 8 of the summary.
- What is the difference between Public Liability and Professional Indemnity?
- Public Liability insurance provides cover for accidental bodily injury or physical damage to property of a third party, in the event of an incident occurring for which you are at fault. Professional Indemnity insurance is concerned with errors or omissions you or your staff may inadvertently make in the course of your duties. For instance, you may unintentionally release confidential information about a child in your care. The Professional Indemnity cover available will also extend to cover libel and/or slander.
- What are tenant’s improvements?
- You may not own the premises you are in but nevertheless be responsible for insuring some aspects of the building. If, for instance, you have installed a fitted kitchen or partition walls or children’s lavatories, then it is possible that you, rather than the landlord, will need to insure these. You should check with your landlord and the terms of your lease. If you are responsible, cover can be arranged under the policy.
- Does the policy cover us if we are charged under the Corporate Manslaughter Act 2007?
- Yes.
- What activities are included?
- Only those activities included on the proposal form and agreed in writing by Morton Michel.
- Are we covered for using a bouncy castle?
- Your legal liability is covered in respect of bouncy castles used by you for the children attending your out of school club (or other children in their family), providing you adhere to the conditions stated in the policy. You are not covered for any damage you do to the bouncy castle or if you hire out the bouncy castle to anyone else. You are not automatically covered if the bouncy castle is to be used at a fete or “fun day” open to the public; in such circumstances, you should contact Morton Michel for a quotation. (Please note that the policy defines a bouncy castle as: “play equipment with a horizontal, inflatable base and inflatable sides designed and intended solely for children to bounce in or on and for no other recreational activity”. An inflatable slide, for example, would NOT be covered.)
- Do we have to register under the Childcare Act 2006 to take out the policy?
- If your out of school club is required to be registered under the terms of the Act, then you must obtain registration and adhere to its terms in order for the insurance to be valid. If your club is exempt from the Act, then you do not require registration to obtain the insurance cover. Please contact Ofsted or your registering authority to find out if you need to be registered.
- Are voluntary workers covered under Public Liability or Employers’ Liability?
- Regular voluntary workers are regarded as employees for the purposes of the Public Liability and Employers’ Liability insurances. Your legal liability for bodily injury to regular voluntary helpers is covered under the Employers’ Liability Section.
- Can we take on young people to help at the premises for work experience?
- Yes, provided that they are on a Government or otherwise authorised work experience, training, study, exchange or similar scheme. They must always work under the supervision of experienced out of school club officials and be of an appropriate age for the duties being performed. If in any doubt, please contact Morton Michel. If you are asked to sign a document from an authority concerning young people doing work experience, please let Morton Michel see this document.
- Are we covered for giving medication?
- The administration of non-prescribed drugs or medicines, prescribed oral medication or asthma inhalers, and the administration of other medication is covered strictly in accordance with conditions stated in the policy. (See also the FAQ relating to children with special needs.)
- Does the policy cover children with special needs?
- Yes, the Out of School policy covers your legal liability to any child with special needs in your care arising out of the activities of your out of school club and in respect of any injuries they may sustain as a result of defects at your premises, for which you are held to be responsible. It also covers your legal liability for the administration/provision of oxygen, gastro feeding, naso-gastric tube feeding, cleaning and changing of feeding tubes and emptying/changing of stoma bags, strictly in accordance with conditions stated in the policy. You must ensure that you are complying with all Ofsted or your registering authority requirements and that appropriate supervision ratios apply.
- What age of children does the policy cover?
- It covers you for children between the ages of 3 to 16 years.
- Does the policy cover older or younger children?
- The age range of children can be extended for an additional premium and subject to additional conditions. Please refer to Morton Michel with full details for a quotation.
- Are we covered for walking the children to and from school?
- Yes, you are automatically covered for this as long as your supervision ratio is within the guidelines of Ofsted or your registering authority.
- Are we covered for going on outings?
- As long as you comply with all relevant requirements of Ofsted or your registering authority regarding outings away from the normal premises, then you will be covered by the policy for organised and supervised outings within the UK for up to three consecutive days. For longer periods, please contact Morton Michel for a quotation. If you are taking children by car or minibus, you must ensure that the necessary motor insurance is in place.
- Does the policy cover Mother & Toddler Sessions or Pre-School Sessions held at the same premises?
- No, but it can be extended specifically to cover these types of activities for an additional premium. Please refer to Morton Michel with full details for a quotation.
- Are the children of staff members who join in the activities covered by the policy?
- Yes, automatically (provided they are within the age range of your policy). However, please note that children being cared for by childminders who are helping out will not be covered, as these children should be covered by the childminders’ own insurance.
- Are carpets and flooring covered by the policy?
- Carpets are included in the Club Equipment section and are covered, subject to the adequacy of the sum insured, (similarly curtains and other furnishings would be included). Flooring, including wood panelling, would be regarded as a fixture and would not be covered under the Club Equipment section. If you own the buildings, then flooring and the like should be insured under the optional Buildings section; if you do not own the buildings but are responsible for the flooring etc as tenant, then cover can be arranged for this under “tenant’s improvements”. Please contact Morton Michel with details.
- Does the Club Equipment section cover sheds and contents of sheds?
- Yes, within certain limits, providing it is either a timber or metal shed. Please refer to the Club Equipment section for details of the cover. If the limits are insufficient for your needs or if you have a shed that is not timber or metal, please contact Morton Michel.
- Is the club covered if it moves to a new premises?
- Provided that the consent of Ofsted or your registering authority has been obtained, both temporary or permanent changes of address will be covered automatically by the policy. Please advise Morton Michel in writing of all changes of address. However, if your equipment is insured, an additional equipment questionnaire form may be required before you move and cover is subject to acceptance of this equipment questionnaire by Morton Michel.
- Are we covered for swimming?
- Yes, provided you have given full details of this activity to Morton Michel and cover has been agreed in writing. Swimming activities must be under the leadership of experienced staff with additional competent helpers to assist when required. When swimming in private pools, a qualified lifesaver and/or swimming teacher must be in attendance at all times.
- Are we covered for instructors coming into our premises to teach specialist activities such as judo, fencing, drama, etc?
- You must provide full details of these activities when completing the proposal form. Your insurance will only cover any liability falling back on you and you must make sure that all instructors used are fully qualified and insured. Please check this with them before engaging them.
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