S Pastoral Care General. Insurance, Health/Safety and the Law

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1 S Pastoral Care General Insurance, Health/Safety and the Law Insurance, Health/Safety and the Law

2 In a church nearly everyone is a volunteer: the members of the PCC, youth leaders, visitors, Boards and Committees nowadays there are also many volunteers serving as priests who are Ordained Local Ministers or Non Stipendiaries. We live in a complex world. We must ensure that we fulfil the requirement of the law on safeguarding (see separate leaflet) and other aspects of the law, insurance and health/safety. This is not an optional extra for us. We are sorry if this sounds over the top but we are concerned about protecting those involved in pastoral care for the Church, as well as all those that they visit or that they support. HEALTH & SAFETY - YOU ARE LEGALLY LIABLE The parish has what is termed a duty of care for negligent acts of your pastoral care visitors and you must try to protect them and those who they care for or visit.

3 HEALTH & SAFETY - THE CORE LEGISLATION Health & Safety at Work Act 1974 Parishes should be aware of the implications of the Health & Safety at Work Act 1974, which states that you must write a Health & Safety policy. The act focuses on staff and employers - effectively volunteers are staff for this purpose. Your premises must be safe otherwise church members, staff or visitors can sue you. Remember this is not just the worship centre but any halls, outside buildings, church-yards, car parks and do not forget home visiting, etc. If you share facilities then determine who is liable, and for what. Never say it will not happen to our parish as small organisations like sports groups and community centres have been sued when unforeseen accidents occur.

4 Occupiers Liability Act of 1957 Under the Occupiers Liability Act of 1957 you must ensure that your premises are safe to visitors. If you use/rent other premises - check who is responsible. Ensure volunteers undergoing specialist tasks are given training (for example - lifting furniture, moving wheelchairs, dealing with people with dementia when visiting in the home, etc)

5 SOURCES OF ADVICE The act requires you to take reasonable care - this term is vague so be thorough and assume the worst! There is an excellent source of advice namely the Health & Safety Executive. This provides an Information and Advice Line on They produce useful free leaflets and have a publication ordering service on You can buy the Acts mentioned from HMSO. The Health and Safety Executive s website has free guides and information: While these are aimed at small businesses they have relevant information for churches. You can also download their free leaflets on: CONSULT YOUR INSURERS Scrutinise your policies and any changes that may have happened! If you change the way you operate then check it with them. It is important to determine whether or not you are covered for activities both on and off your premises. In general insurance-companies-will-be-helpful. There are faith based insurance companies who have real experience of volunteering and advising charities. Notably EIG with whom most parishes are linked. Their contact details are: Ecclesiastical Insurance Group Beaufort House Brunswick Road Gloucester GL1 1JZ Remember to tell them everything that is out of the ordinary e.g. if you take a group of elderly people on a trip for the first time when their normal activity is a luncheon club.

6 VEHICLES If your church owns a minibus: You need to check restrictions on your policy relating to volunteers. Many state you cannot use people under 25 or over 75 years of age, or require clean driving licences. Your Pastoral Care Team and their cars: Volunteers should contact their insurers if they travel to their volunteering. This definitely should not involve an extra premium and may seem like an unnecessary precaution. However if you drive someone to and from church and there is an accident you must ensure that the driver is covered. If it is someone who you know slightly then you cannot say you are giving a friend a lift and may invalidate your insurance. Also be careful if someone needs lifting etc PUBLIC LIABILITY INSURANCE This covers your church against claims arising from accidents to persons or damage to property. If you use other premises even if only for a half day then you must check that they have cover. PERSONAL ACCIDENT INSURANCE This will cover volunteers for injury arising from activities carried out on behalf of the parish. PROFESSIONAL INDEMNITY This is important for advice and counselling organisations that end up giving bad advice to clients. This is probably not an issue for a church unless it has a counselling or advice project under the PCC. But you must be seen to have taken reasonable care". It is important to ensure that volunteers visiting for the church do not give any advice on issues like wills, benefit entitlements etc bur refer to specialists! There is a special leaflet available on Elderly People and Money.

7 A PRAYER FOR VISITORS Lord, let me do my visits with joy and with compassion. Let me bring your light Lord, to those who may be experiencing darkness and despair today. Help me to be fully present to each person I visit; listening with care and concern and offering openness, and humour when appropriate. Let me speak words of comfort and encouragement and may my actions be thoughtful and loving. May my hands, my feet, my heart and my lips be used in total service to those I visit today and may I bring to them, the same care and concern that I would want if I were in their place. Thank you for allowing me to serve You and bring You praise through these visits. AMEN

8 This leaflet has been produced by Diocese of Liverpool. January 2012 Diocese of Liverpool, St James House, 20 St James Road, Liverpool, L1 7BY Telephone: