Charity Risk Management

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1 Mitigating Risk and Insurance

2 Agenda Mitigating risk and insurance The meaning of risk in the context of insurance Types of insurance Loss of income/increased cost of working are you insured correctly? Defending a claim - case study Fundraising events and case studies What makes a good risk for insurers?

3 Mitigating risk and insurance Risk is part of everyday life and it needs to be managed through one or more of the following: Avoiding the risk altogether Reducing the risk to an acceptable level Accepting the risk and budgeting for it Transfer the risk (to an insurer).

4 The meaning of risk in the context of insurance Risk is the financial impact of a unexpected event happening Examples could include: Fire damage to a charity office Theft of a laptop at a charity event An injury to a member of public on charity premises.

5 Ways of insuring your charity Compulsory by law Motor Employers Liability

6 Other essential ways you can insure your charity and mitigate the risk Public Liability Property Loss of income/increased cost of working Money Fidelity Legal expenses Trustee indemnity Professional indemnity

7 If a major event happened would your charity be insured correctly?

8 Things to consider How long would it take to reinstate your building? Have you adequately calculated your future loss of income and should you include donations/grants? Does your cover include the expense of delivering a service even if the impact on income is low? Undertake a regular insurance review with your broker/insurer circumstances may change.

9 Defending a claim (Case study) - McBride V Gables Farm Dogs & Cats Home Claimant employee slipped in a field whilst exercising a dog in her care Claimant stated field should be kept free from anything that could cause a slip/trip/fall Decision taken defend the case and we were successful Defence supported by a high standard of record keeping Wide reaching consequences to charity sector, schools etc if the defence had failed

10 Fundraising events Events can be a major source of income! The level of risk will depend on the involvement in the organisation and delivery of the fundraising activity The higher the involvement and the more hazardous the activity, the greater the exposure to liabilities and the greater the need for robust risk management.

11 The risk element of fundraising Risk & liability Charity as the beneficiary Charity as the facilitator Charity as the organiser

12 What are the risks? What charities should do? Often no knowledge of the fundraising activity taking place! Duty of care? In aid of vs On behalf of Charity as the beneficiary Establish processes for giving guidance and safety advice to third party fundraisers including the need for insurance Keep an audit trail of guidance given

13 What are the risks? What charities should do? Third party organising the event Charity involved, but not fully in control Duty of care? Charity as the facilitator Check competence of third party provider (including insurance) Public liability and employers liability insurance Risk assessments Ensure audit trail of all processes in place

14 Case study: Bottomley v Todmorden Cricket Club Insufficient third party checks Breach of duty of care Foreseeable injury

15 Case Study: Gwilliam v West Herts NHS Trust Contractor operated a splat wall at a fun day Wall was poorly constructed and not supervised A member of the public was injured Competence of the contractor and insurance was checked NHS trust not jointly liable even though contractors insurance had lapsed

16 What are the risks? What charities should do? Duty of care to all participants and those attending Maintaining control over the event Charity as the organiser Public liability and employers liability insurance in place Risk assessments Employee and volunteer duties specified in detail Audit trail in place for all processes and activities

17 So, what makes a good risk for insurers? Established and experienced trustees and well trained staff/volunteers with clear roles A robust safeguarding policy H&S policy, adequate training & record keeping Risk assessments Use of contractors for specialist work/activities Location, security & construction Maintenance Financial stability

18 Summary Insurance is one element of risk mitigation Good risk management and record retention are crucial factors in the defence of a civil liability claim Regularly review the level of your insurance cover An insurer will reward a well managed charity with a lower premium!! Check that specialist contractors are competent and insured

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