Hello again! I’m Kevin Millard, Client Director for Gallagher Insurance, bringing you the second Instalment of this blog series, Local Council Insurance – Risk and Responsibilities. With over 30 years in the insurance sector and a dedicated focus on local councils since 2008, I know how vital public liability insurance is for safeguarding councils against claims.
In this post, we’ll explore the most common types of public liability claims faced by parish and town councils, the risks associated with play areas, events, and buildings, and the importance of documentation and risk management in protecting against legal and financial consequences.
Blog series
- Insurance Risk and Responsibilities (Part 1 of 4) ‍
- Public Liability (Part 2 of 4) - this blog‍
- Employee Liability (Part 3 of 4)‍
- Cyber Security Insurance (Part 4 of 4)
Disclaimer:
While I have extensive experience in insurance and risk management, I am not a risk management specialist. Gallagher has a dedicated team of experts, and there are health and safety specialists across the country who can assist with your policies and risk assessments.
If you’re unsure about any aspect of your risk management or need a second opinion, I recommend consulting these professionals. They can review your documentation to ensure compliance with the latest legislation and address any overlooked areas.
What is Public Liability Insurance?
Public liability insurance protects councils against claims made by third parties—visitors, service users, or contractors—for injury or damage caused by the council’s negligence. Unlike employer liability, which covers your staff and volunteers, public liability focuses on the wider community interacting with council assets and services.
The most common claims involve slips, trips, or falls, often linked to:
- Play Areas: Children falling, damaged equipment, or uneven surfaces.
- Events: Hazards from weather, improper setups, or crowding.
- Buildings and Car Parks: Access issues, poorly maintained paths, or weather-damaged surfaces.
The Cost of Poor Documentation
One of the recurring issues in liability claims is the lack of evidence supporting risk management practices. Insurers often encounter situations where councils cannot provide the necessary documents to show they assessed and managed risks. Without this evidence, claims are frequently settled against the council, impacting its claims history and potentially increasing future premiums.
Insurer’s Comment:
“Our insured were unable to disclose the required documents and evidence of implementation, therefore an admission of liability was unavoidable.”
Managing Risks in Play Areas
Playgrounds and open spaces are among the highest-risk areas for councils. Interestingly, 60% of incidents occur not on play equipment itself but on ancillary features such as gates, fences, or paths.
Key Stats:
- 40,000 visits to hospitals annually are linked to play area incidents (RoSPA stats).
- Of the incidents involving play equipment:some text
- 80% are falls to the surface.
- 40% occur on swings, 23% on climbers, 21% on slides, and smaller percentages on roundabouts, seesaws, and fireman’s poles.
Common Causes of Incidents:
- Management Causes:some text
- Poor equipment design or failure to meet standards.
- Unsuitable equipment for the intended age group.
- Poor maintenance or inspections.
- User Causes:some text
- Lack of supervision or misuse of equipment.
- Weather conditions and unsuitable clothing.
Risk Management Tips for Play Areas:
- Weekly Visual Inspections: Recommended for identifying hazards like broken equipment, litter, or damage.
- Annual Inspections: A formal inspection by RoSPA or a qualified provider is mandatory, with any faults repaired within 30 days.
- Documentation: Written records of inspections and actions taken must be kept as insurers will request these during claims investigations.
Event Risks and Responsibilities
Councils often host or facilitate events, from summer fetes to Christmas light switch-ons. Liability depends on who organizes the event:
- If the council organizes, it bears full responsibility for risk management.
- If a third party organizes, the council must ensure the venue is safe and fit for purpose.
Risk Management Tips for Events:
- Conduct a joint risk assessment with the organizer to cover all potential hazards.
- Inspect the venue or grounds before the event, looking for risks such as uneven ground, slippery areas, or weather-related hazards.
- Cancel events if adverse weather makes proceeding unsafe.
Managing Risks in Buildings and Car Parks
Buildings and car parks are also frequent sources of liability claims. Risks include:
- Water Damage: Burst pipes or freezing can create slip hazards.
- Maintenance Issues: Overgrown paths, moss, or broken lights.
- Vandalism or Theft: Damaged entry points compromise safety.
Risk Management Tips for Buildings:
- Routine Maintenance: Clear gutters, check lighting, and remove debris.
- Flat Roof Inspections: Conduct every 2–3 years to avoid unexpected damage.
- Minimum Security Standards: Ensure all windows and doors have five-lever deadlocks, and consider installing alarms in high-risk areas.
- Legionella Testing: For buildings with water systems, this is critical for health and safety compliance.
- Regular Revaluations: Update insurance values every 3–5 years to prevent underinsurance.
The Role of Inspections
Regular inspections are crucial for mitigating liability risks. For example, councils should:
- Conduct frequent checks of play areas, buildings, and car parks.
- Record all findings and any subsequent actions taken.
- Ensure all inspections align with insurer requirements, such as mandatory annual RoSPA checks for playgrounds.
Claims Requirements
In the event of a public liability claim, insurers will ask for:
- Incident Details: Date, location, names of parties involved, and nature of the injury or damage.
- Documentation: Risk assessments, maintenance records, and inspection logs for the item or area in question.
- Post-Incident Actions: Evidence of any measures taken to address the issue and prevent future occurrences.
- Photos and Evidence: Visual records of the damage or area to support your case.
Key Reminder:
Avoid committing opinions on liability to paper. Let your insurer’s claims handlers or lawyers guide any statements made.
Conclusion
Public liability risks are ever-present for parish and town councils, but with diligent risk management, regular inspections, and thorough documentation, you can significantly reduce the likelihood of claims and protect your council’s financial stability.
In the next Instalment, we’ll explore Employee Liability, Key Person Risks, and Dishonesty Protection for Councils. Until then, ensure your risk assessments and records are up to date—you never know when they might be needed!
Need a Hand? I’m Here to Help!
I know this can all feel a bit overwhelming, but don’t worry—that’s what I’m here for. Whether you’re unsure about your council’s insurance needs, need advice on risk assessments, or just want to chat about how to protect your community, I’m happy to help.
📞 Call: Kevin J Millard Cert CII – 07458 124847
📧 Email: Kevin_millard@ajg.com
Drop me a message or give me a call—let’s make it simple together!
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