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News in brief
Asbestos management
Projector theft
Highway maintenance
School sprinklers
Corporate manslaughter
Stormy weather
Road Safety
Foundation trusts
LGC awards
ALMOS
Workplace stress
School trips
Reducing arson
Compensation
Defeating bullying
Leading the way
In today’s society the issue of employees’ health and safety is of growing importance to employers throughout the UK. As a result it is becoming increasingly important for all organisations to demonstrate a proactive approach to effective risk management within the workplace.
In particular, the dangers of asbestos have been well documented in recent years. It is estimated that in the UK alone, around 3,500 people die each year through asbestos-related diseases, with this figure looking set to increase in the future. When these statistics are combined with recent HSE estimates that around 1.5million workplaces still contain asbestos, the severity of the problem is plain to see. With the deadline for compliance with the amended Control of Asbestos at Work Regulations (2002) fast approaching, public sector organisations are striving to increase momentum to address this problem. This issue of News & Views considers the key steps that need to be taken to manage asbestos effectively and looks at the importance of organisations establishing clear risk management plans to deal with situations where asbestos is present.
Zurich Municipal’s campaign to combat school arson continues relentlessly in the opening months of 2004. With recent research revealing that between 30% and 50% of school fires are started during the day, we continue to lobby Government with the request that sprinklers become a compulsory requirement in all new and refurbished schools. News & Views looks at the ‘real life’ benefits that sprinklers can provide whilst dispelling the recent misconception that sprinklers are low value, low tech optional accessories.
From an insurer’s perspective it is always encouraging to see other organisations taking a proactive approach to managing risk. In this issue of News & Views the vital work being undertaken by the West Midlands Arson Task Force is discussed in the context of the overarching aim that the group has set itself – to reduce arson attacks by 10% by 2009/2010. This project dovetails extremely well with Zurich Municipal’s school arson initiative. The benefits of tackling key problem areas such as arson through well targeted and dynamically led initiatives involving representatives from all areas of the community cannot be emphasised enough.
Finally, I am pleased to report that our strategic risk consultancy, Zurich Municipal Management Services (ZMMS), has been selected by the Public Private Partnership Programme (4Ps) and the Improvement and Development Agency (I&DeA) to provide procurement training to all local authorities. Whilst this represents an exciting opportunity for ZMMS, from a customer point of view the training will enable local authorities to ensure that they are compliant with the required regulations as well as optimising value to their organisation.
News in brief.
Updated guidance on new and expectant mothers at work.
Pregnancy is part of everyday life, and therefore the health and safety issues associated with it should be addressed by normal health and safety management procedures such as lifting and carrying, and posture.
The known risks to pregnant women and how these can be minimised are contained in the updated guidance book, New and expectant mothers at work: a guide for employers, which has been published by the Health & Safety Executive (HSE). One of the appendices deals with aspects of pregnancy that may affect work.
The book costs £9.50 and can be ordered through the HSE’s website at www.hsebooks.co.uk
Freedom of Information Act
Under the Freedom of Information Act, from 1 January 2005 all public authorities must comply with requests for the information they hold, unless an exemption from disclosure applies.
Public authorities will normally have a maximum of twenty working days to respond to the request.
Results of ‘The Big Smoke Debate’
From 28 October to 31 December 2003, the London Health Commission ran ‘The Big Smoke Debate’ to find out what people thought about smoking in enclosed public places, such as cafés, shopping centres, taxis, offices and restaurants.
The results have now been published, and reveal that four out of five Londoners want smoking banned in all public places. In all, 78% of respondents said they wanted all enclosed public places to be completely smoke-free, with 64% wanting a ban in restaurants and 43% in pubs and clubs.
To read the report in full, visit The Big Smoke Debate website at www.thebigsmokedebate.com
Zurich Municipal Management Services selected for procurement training
The Public Private Partnership Programme (4Ps) and the Improvement and Development Agency (I&DeA) have chosen Zurich Municipal Management Services (ZMMS) to provide training to help local authorities avoid some of the common pitfalls associated with procurement.
The training programme will be subsidised by a £1.4m investment through the Capacity Building Fund from the Office of the Deputy Prime Minister and one-day courses will be available regionally from February. Unfortunately all places are currently booked, but further dates will be arranged in due course.
To find out more please contact info.zms@uk.zurich.com
Gender issues in health and safety
A report from the European Agency for Safety and Health at Work has looked into the issues surrounding gender in relation to health and safety in the workplace. The key recommendations of the report include:
- Occupational safety and health (OSH) should be integrated into employment equality actions.
- Women need to be more involved indecision-making concerning OSH.
- A holistic approach to OSH would improve occupational risk prevention for the benefit of men and women – but diversity should also be taken into account.
- Actions to improve work-life balance must consider the working schedules of both men and women.
The full report is available from The Stationery Office, priced at £19.00.
Cavity barriers and fire-stopping systems explained
There are many different cavity barriers and fire-stopping systems that can be used in buildings, and they’re often misunderstood.However, the Association of Specialist Fire Protection (ASFP) has produced a useful publication entitled ‘Fire-stopping and penetration seals for the construction industry’, which describes the ten families of fire stopping and how they can be used. Please note that any installer of fire barriers should be an ASFP registered contractor. You can find out more at
www.asfp.org.uk
In association with Zurich Municipal, Rockwool, the manufacturers of noncombustible insulation and fire-stopping products, have produced a specification for fire barriers using Rockwool products.
If you’d like further information please email info@zurichmunicipal.com
Protection against dangerous substances
dangerous substances An HSE Approved Code of Practice came into effect in December 2003, relating to the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).
DSEAR deals with protecting workers against risks from fire, explosion and similar events arising from dangerous substances used or present in the workplace. They apply to employers and the self-employed at most workplaces in Great Britain where a dangerous substance is present.
To find out more, visit the HSE website
at www.hse.gov.uk
Increasing working time
The European Commission has said that the UK is the only member state in which working time has increased over the past ten years. Last month they issued a consultation document with a view to revising the Working Time Directive, after a report suggested that it’s hindered by opt-out provisions that allow workers to waive their rights to a maximum 48-hour working week.
This opt-out clause is a particular problem in the UK, and the consultation document stated that 16% of the UK workforce works more than 48 hours a week – an increase of around 1% since 1990.
To find out more, visit the HSE website
at www.hse.gov.uk
Reporting violence at workIn the ‘Violence at Work – findings from the 2002-2003 British Crime Survey’, the Home Office details the results of an investigation into violence at work. It considers the extent of violence in English and Welsh workplaces and looks at the nature of these incidents.
Additionally, it takes into account the levelof worry among workers about becoming victims of workplace violence. The report shows a decline in the number of employees experiencing violence. However, at 376,000, the figure is still very high. The report also shows that in a third of violent incidents at work, victims said that the offender was under the influence of alcohol. Healthcare staff andpolice officers were most at risk, while science and technology workers were least at risk.
Copies of the report are available from the Home Office website –
www.homeoffice.gov.uk/ rds/pdfs/rdsolr0404.pdf
Zurich is a Business Superbrand
Zurich has been awarded the status of Business Superbrand 2003/04 by a panel of leading marketing experts.
The Brand Council gives this award to the 60 strongest
business brands in the UK. It’s based on ‘a business superbrand that has established the finest reputation in its field. It offers customers significant emotional and/or tangible advantages over its competitors which they want, recognise and are confident about investing with.’ Other Business Superbrands this year include British Airways, BT, Financial Times and Royal Mail.
Liability insurance explained for the construction industry
A factsheet produced by the Construction Best Practice explains liability insurance to small companies in the construction industry.
The fact sheet includes guidance on:
- how liability insurance is sold
- how liability premiums are calculated
- additional services offered by insurers.
For more information, ring
Construction Best Practice on 0845 605 5556 or visit
www.cbpp.org.uk
Health & Safety Executive publishes response
Following the recent strategic review of the relationship between the Health & Safety Executive and local authorities, the HSE has published its response.
You can read the full report
online at www.hse.gov.uk/consult/
disdocs/localresponse.pdf
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Asbestos management
Managing asbestos effectively
AS THE DEADLINE FOR COMPLIANCE WITH THE AMENDED
CONTROL OF ASBESTOS AT WORK REGULATIONS 2002
APPROACHES, ADRIAN WATSON, RISK CONSULTANT FOR ZURICH RISK SERVICES, EXPLAINS HOW TO MANAGE THE ASBESTOS IN YOUR BUILDINGS.
The first stage in solving any problem is working out exactly what it is. So the obvious starting point in managing asbestos effectively is to find out where it is and what condition it’s in. There are a number of ways to do this – through existing documents such as building plans, through the experience and knowledge of building managers and other staff, or by commissioning a survey.
Even if you take one of the first two routes, a survey may still be worthwhile – not to confirm what you already know, but to tell you something you don’t. For instance, if you assume a material contains asbestos, you must treat it as if it does.
Among other things this means:
- you will incur additional costs through employing licensed contractors
- you will incur delays through having to notify
the HSE two weeks before starting any building or maintenance work in the area containing asbestos
- you will have to dispose of waste from the work in accordance with the Special Waste Regulations 1996 (this can cost around £120 a ton).
It’s easy to imagine situations where the two-week notice period could result in extensive business interruption – for example when previously unidentified asbestos is discovered during building work or where emergency maintenance work is required in an area that is already known to contain asbestos. In these cases you can ask the HSE for an emergency exemption, but these are now rarely granted.
A professional survey can reduce the risk of business interruption during projects by decreasing uncertainty in two ways. First, it may reveal that in fact there is no asbestos content in the suspected materials, thereby allowing you to work without any restrictions. Second, a type-three invasive survey can reveal sbestoscontaining material that previous non-invasive surveys haven’t brought to light, allowing you to manage restrictions effectively.
Managing asbestos in situ
If asbestos-containing material is found, there’s no need to remove it if it’s in good condition and it’s left undisturbed (the HSE produces an extremely useful flowchart for determining whether removal is necessary). However, you’ll need to complete an asbestos register for any asbestos-containing material being managed in situ, detailing its location, quantity and condition. This register will form the information that is the foundation for you to manage the issue. It is essential to realise that whilst these plans are absolutely essential, they must be supported by robust policies and procedures that need to be implemented if they are to ensure the health and safety of people working in the building.
Training and communication are often areas of weakness in plans to manage asbestos effectively. Much asbestos training simply involves an outline of the dangers and little else. Successful implementation relies on full training and effective communication so that people understand what their responsibilities are. And these aren’t always obvious. For example, building receptionists form an important link in the communication chain both in the case of an emergency, when they’ll be in contact with the emergency services, and when building contractors arrive to do a job, ensuring that the building manager is notified. They, therefore, need to understand not only the dangers of asbestos but also their role in managing those dangers effectively.
When there’s no asbestos
If you believe that a building does not contain asbestos, you’ll need to be able to prove this beyond reasonable doubt by keeping a case file of photographic and documentary evidence. However, if you’re basing your view on the findings of non-invasive surveys or other documentation, you cannot be completely sure that there are no asbestos-containing materials present inside the skin of the building.
Whilst there are clear legal duties to make plans for emergencies, such as damaging asbestos, it’s good risk management practice to have plans in place to deal with those situations which are not emergencies, but which can cause business interruptions and panic – for instance when a suspected asbestos-containing material is discovered. With clear directions on what to do and who to call if this situation arises, it can be dealt with quickly and effectively.
Keeping people informed
The issue of asbestos is, understandably, an emotive one. Asbestos-related diseases kill 3,500 people a year in the UK alone and this figure is expected to rise to nearer 10,000 deaths a year by 2011-15 (HSE 2003).
According to the HSE, 1.5 million workplace properties contain asbestos. Employees will therefore want to be reassured that this issue is being taken seriously and dealt with professionally. With issues of trust and confidence at stake, keeping people informed is an essential aspect of managing asbestos risk.
The more you know
As you can see, the more you know and understand about the asbestos in your buildings, the better you can manage the serious health and safety risks it presents to their occupants. Thorough initial investigations, robust and well-implemented plans and good communication are all vital to protect people, and they will have the additional benefit of minimising the potential for costly business interruption.
Take it further
With an issue as serious as asbestos, it’s essential to check that your plans, policies, and procedures are effective and are being properly implemented – the last thing you want to happen is to have an incident and find out they don’t work or are being implemented incorrectly. For this reason it can pay to get an outside, independent view.
We can:
- help you write policies and procedures
- help you tender for or arrange surveys to identify the presence of asbestos-containing materials
- audit your policies and procedures for managing asbestos to ensure they are as all-encompassing and robust as possible
- advise you on working with asbestos
- carry out in-house training to ensure all relevant employees understand the risks and their responsibilities.
To find out more,
email info@zurichmunicipal.com
You can also find out more about asbestos and the HSE’s campaign to manage it at
http://www.hse.gov.uk/asbestos/
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Projector theft
ZURICH MUNICIPAL IS REVIEWING ITS COMPUTER SECURITY GUIDELINES TO INCLUDE ADVICE ON EDUCING THE NUMBER OF PROJECTOR THEFTS FROM SCHOOLS AND OTHER PREMISES.
Data projectors have become desirable consumer items due to their compatibility with computer games and DVDs. There has been a significant increase in the umber of thefts from education establishments, some of which have been targeted shortly after they’ve had a projector delivered. Once these projectors have been stolen, they’re often re-sold for use in homes at a raction of their original price.
Projectors can cost from £800 to several thousand ounds and schools can ill afford to replace these items if they aren’t covered by their insurance. Until Zurich Municipal has approved and published its latest security guidelines, it’s offering some basic advice to help customers protect themselves against the theft of such expensive equipment:
- If you’re buying new projectors, make sure you have adequate security in place before they arrive.
- When the building is closed, the data projectors should be locked in a secure room or cabinet. A secure room is defined as a room with brick/concrete block walls, volumetric intruder detection, no roof lights and a solid timber door secured by a five-lever mortise deadlock. A secure cabinet is a proprietary security cabinet anchored
to the fabric of the building.
- If the projectors are fixed to a ceiling-mounted pole, they should be secured using a proprietary entrapment device. It’s important to ensure that the pole is adequately secured to the ceiling to make it as difficult as possible to wrench the entire pole off the ceiling or unbolt it. You can buy accessories to help you do this.
- When ordering new projectors, consider purchasing projectors that incorporate a PIN number. After being disconnected from the electricity supply, such projectors cannot be used again unless the PIN number is entered.
- Consider security-marking the equipment using a highly visible indelible method. You should post notices stating that you’ve done this.
- Any room containing a data projector should be alarm protected, as should the approach to the room. The alarm should be configured so a confirmed alarm is achieved when intruders enter the room.
- You should consider window grilles or bars and strengthened doors as additional security.
- Prevent daytime theft by locking the room containing the data projector when it isn’t in use.
Always confirm the identity of contractors visiting the premises, and always make sure visitors are escorted on and off the premises.
- When transporting projectors, try not to leave them unattended (your insurance policy may actually exclude the theft of projectors from unattended vehicles). If your policy does provide cover for projectors left unattended in vehicles, the projectors should be kept in a locked boot.
If you’re in any doubt, please email info@zurichmunicipal.com
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Highway maintenance
A smoother road for highway maintenance
IF YOU’RE SUBCONTRACTING THE INSPECTION AND
MAINTENANCE OF HIGHWAYS, MICK BOWLES, CHIEF CLAIMS INSPECTOR FOR ZURICH MUNICIPAL, HIGHLIGHTS SOME POTENTIAL PITFALLS.
Under the Highways Act 1980, section 41, local authorities have a duty to maintain the highway. Whilst this duty cannot be delegated, some local authorities contract out their inspection and repair functions.
This approach is fine until a liability claim arises – then the claims can become complex and costs increase.
Firm foundations
Many problems can be prevented by starting out with a clear policy and a shared understanding of responsibilities.
Many highway authorities will have a method statement drawn up by the Head of Highways, hopefully with an eye on the LAA Code of Practice, which details the highways to be inspected, the method of inspection, the frequency of inspections and the intervention levels.
Obviously, simply having a method statement isn’t enough – it must be used and understood. local authorities may therefore want to consider training sessions for line managers or those people who will be inspecting their roads.
They may also wish to consider spot checks or audits to satisfy themselves that the contractors are adhering to their requirements.
Keeping documentation
Many claims are won or lost on the documentation available, and this is especially true for highway claims. Therefore it is vital to ensure that contractors are not only carrying out inspections and repairs but also recording them.
Failure to disclose documentation within the protocol periods will prompt either Part 8 applications for Pre Action Disclosure or, if the liability decision is delayed, the issue of a Claim Form. Either of these will increase costs unnecessarily for the highway authority so there are two possible solutions which should be considered. Firstly, the contractor could supply copies of all documents to the local authority. Or, preferably, a claims-handling agreement will form a part of the contract specification. This creates a clear agreement regarding the release of documents and can even extend to access to the contractor’s inspectors themselves. This can avoid the costly situation where the Local Authority has to issue proceedings against the contractor.
Using Section 20 of the Civil Procedure rules
If a Claim Form is issued, the local authority and their insurers must carefully consider whether or not to issue Part 20 proceedings to involve the contractor in the defence of the claim.
If Part 20 proceedings are issued there are a couple of pitfalls that can prove costly. The claimant may discontinue the proceedings and as the local authority involved the contractor, the contractor will have incurred legal costs for which the authority may be liable. Also, assuming that a case is successfully defended, the contractor may try to show that they shouldn’t have been involved by use of Part 20 proceedings and will argue that the costs of that will not be considered by them.
Commercial settlement
Whilst the number of commercial settlements has dramatically reduced, there are still instances where the local authority and its insurers agree this is the best option for a claim. When this happens the chances of recovering the settlement from the contractor are negligible. They will simply argue that there is no prima facie case to answer as the settlement was for commercial reasons and not because there was evidence of a legal liability.
Securing a recovery
It is preferable for all contracts to have an indemnity clause to give the local authority an easier route to recovery if a claim succeeds due to the contractor’s failure. If this clause isn’t in place, any attempt to recover costs will be far more complicated as the local authority will have to establish a breach of contract, and that the breach was the cause of the claimant’s success.
Finally
This article is purely concerned with highways authorities and the contracting out of repairs and maintenance, not Agency Agreements. The Highways Act 1980 makes the county the highways authority (outside London) but Section 8 allows the county to delegate its functions to smaller local councils by agreement. Such agreements vary, as to which council actually takes full responsibility for claims.
For more information or advice on the issues covered in this article, please email info@zurichmunicipal.com
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School Sprinklers
School sprinkler systems are a sound investment
ZURICH MUNICIPAL HAS CONTINUALLY PROMOTED THE USE OF SPRINKLER SYSTEMS IN SCHOOLS TO SAVE LIVES AND LIMIT DAMAGE. THE BIGGEST OBJECTION TO INSTALLING SPRINKLERS IS COST BUT AN INITIAL INVESTMENT CAN MINIMISE DISRUPTION AND ACTUALLY SAVE SCHOOLS MONEY IN THE LONG TERM.
Case studies
The efficiency of sprinklers is well illustrated by the cases of two schools with similar structures that were both subjected to arson. One had a sprinkler system, the other didn’t.
On Saturday 13 January 2001, youths broke into school A and set fire to some classroom furniture. The fire service was alerted somewhere between 5 and 30 minutes after the fire had been started.
1200m2 of the building suffered damage from heat and smoke, 200m2 was damaged by direct burning, and 18 rooms in total experienced fire damage.
Five water jets and eight fire appliances were required to fight the fire, and after the flames were extinguished and the damage assessed, the school was closed and subsequently demolished.
On Sunday 1 October 2000, youths broke into school B and set fire to a storeroom for outdoor equipment. The fire service was alerted less than five minutes after ignition.
Fire damage was limited to one room, and heat damage was limited to only 1m2 – thanks to one sprinkler head which operated, controlled and extinguished the fire.
Two fire appliances arrived on the scene but no fire-fighting equipment was required. Because the local authority had installed a sprinkler system, the school was able to continue operating as normal the following day.
The problem of arson in schools is a growing one, with last year seeing a 30% increase in the number of large fires. According to the Arson Prevention Bureau, one third of school fires are started in the daytime – in some metropolitan areas this figure rises to as much as 50%. This trend poses an increased risk of injury or loss of life. But it’s interesting to note that nobody has died as a result of fire in a fully sprinklered building in the UK.
David Leech, Senior Loss Control Surveyor at Zurich Municipal, said: “We’re really keen to promote the use of sprinklers in schools as a way of minimising fire damage. From studying instances where these systems have been in place and comparing them with the schools that had to rely solely on fire-fighters to deal with a fire, there’s no doubt that the sprinklers literally make the difference between the school being operable the next day or having to be rebuilt.”
Sprinkler systems are also surprisingly economical to install, accounting for approximately 3-5% of the cost of a new building – a small investment when compared to the reduced risk of loss of life and the cost of replacing a school destroyed by fire. Zurich Municipal estimates that losses from fires in buildings with sprinklers are just one tenth of those in unprotected buildings.
What’s more, revealed David, it’s possible to recover the initial investment over the long term. “One aspect that’s often overlooked is the cost savings of installing sprinklers, not only in terms of lower insurance premiums and cancellation of deductibles, but also in regard to offsetting costs such as larger compartmentation, possible increased means of escape travel distances, lower standards of automatic fire alarm or emergency lighting requirements or lower standards of structural protection. Taking all these into account, including ongoing maintenance costs, the savings could greatly offset the cost of the sprinkler system.”
For schools, the security that an automatic sprinkler system offers is immeasurable. Only the sprinkler head or heads directly over the fire activate, typically one or two heads, and on activation the water discharge from the system will extinguish or control the fire. If there is a link to a Central Alarm Monitoring Station the fire service will also be alerted.
Under proposed legislation to improve fire safety, which was announced in the Queen’s Speech in November, education authorities will be responsible for ensuring school premises are subject to risk assessment and appropriate fire prevention systems, such as sprinklers, are installed. In a move strongly welcomed by Zurich Municipal, the Welsh Assembly Government has already decided to pilot new sprinkler systems to protect schools from accidental or malicious fires. Rather than being an expensive luxury, sprinkler systems are a cost-effective necessity. As Larry Stokes, Zurich Municipal’s underwriting Manager, said: “With the frequency of daytime fires rising, lives are increasingly being put at risk. The installation of sprinklers would have a dramatic effect, saving money and protecting the safety of children and teachers alike.”
Take it further
Zurich Municipal and the British Automatic Sprinkler Association have developed a joint code of practice for installing automatic sprinklers. The code sets out the requirements that should be met in order for sprinkler systems to be effective as well as being cost efficient.
The Local Government Association (LGA) has produced a toolkit for schools on automatic sprinklers.
You can find out more by visiting
www.basa.org.uk, www.lga.gov.uk or by emailing info@zurichmunicipal.com
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Corporate manslaughter.
Protection against corporate manslaughter
PROSECUTIONS OF CORPORATE MANSLAUGHTER HAVE BEEN EXTREMELY RARE IN THE PAST. BUT RECENT PROPOSALS MIGHT BE ABOUT TO CHANGE
THAT. SO WHAT CAN ORGANISATIONS DO TO PROTECT THEMSELVES?
Existing criminal law allows prosecutions of corporate manslaughter to be brought but these cases have been rare. That’s because charges for corporate manslaughter can only be brought where a corporation, through the ‘controlling mind’ of one of its agents, performs an act which fulfils the prerequisites of manslaughter. In reality, it’s often proved impossible to identify one person – and it must be one person – who was a ‘controlling mind’ of the organisation and unlawfully caused the death or deaths. But pressure is growing to change this situation.
Disasters like the sinking of the Herald of Free Enterprise and the King’s Cross and Piper Alpha platform fires highlighted the difficulty in successfully bringing corporate manslaughter prosecutions, due to the problems in identifying a ‘controlling mind’.
Changes in the law
In 1996 the Law Commission published a report called ‘Legislating the Criminal Code: Involuntary Manslaughter’. It made recommendations for the criminal liability of those who cause death unintentionally. In particular, it recommended that there should be a new offence of ‘corporate killing’. This charge could be brought against an organisation when:
- a management failure by the organisation is the cause or one of the causes of a person’s death
- this failure constitutes falling far below what can be expected of the organisation in the circumstances.
A management failure is also described as an incident when an organisation fails to ensure the health and safety of persons employed in or affected by its activities. Finally, the failure can be regarded as the cause of a person’s death even if the immediate cause is the act or omission of an individual.
This gets round the problem of identifying an individual who was the ‘controlling mind’ when the offence happened.
The Government accepted the majority of the proposals in May 2000, but as yet the law remains unchanged. The Home Office has said it intends to publish a draft bill this spring, so the changes could soon be on the statute book.
To defend organisations against corporate manslaughter charges, Zurich Municipal can offer indemnity and cover for legal costs and expenses, subject to certain circumstances. Although the policy it offers doesn’t directly mention corporate manslaughter, the wording is wide enough to offer cover against this type of prosecution.
If you’d like to find out more about
insurance against corporate manslaughter
prosecutions, please email
info@zurichmunicipal.com
The research goes on
AS MENTIONED IN THE LAST EDITION OF NEWS & VIEWS, WE’VE COMMISSIONED RESEARCH TO FIND OUT HOW YOU THINK WE CAN IMPROVE OUR PUBLICATIONS.
The first stage of that research is now complete, and we’d like to thank all of you who took part. Your opinions and suggestions will help us make sure the publications – News & Views and Court Circular – continue to be relevant and useful to risk managers and insurance officers across the UK.
The feedback we’ve received from this research is extremely positive, with readers valuing the publications for a variety of reasons.
We will now be contacting readers to take part in two further stages of research. The first will test the recommendations we’ve received and the subsequent improvements we’re making to the publications, using face-to-face and telephone interviews to find out whether the changes are successful. The second stage will involve quantitative research, to establish the value of the publications to readers.
If you’d like to find out more about our research, please contact Amy Harpin on 01252 387792. )
What you told us
News & Views
- A good way to keep in touch with market evelopments/current thinking.
- Contains useful updates on new legislation/regulation.
- Informative.
- Comprehensive.
- Provides the expert view.
- Demonstrates ZM’s response to market changes.
Court Circular
- Good case studies.
- Useful summary of recent claims.
- Handy reference tool.
- Learning aid.
- Raises awareness of potential problems.
- Provides exclusive information.
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Stormy weather.
A safer route through stormy weather
FIGURES RELEASED BY ZURICH MUNICIPAL SHOW THAT FLOOD AND STORM DAMAGE IN 2002 COST THE PUBLIC SERVICES 50% MORE THAN IN 2001, REACHING A RECORD HIGH OF £22.5 MILLION. SO WHAT CAN BE DONE TO PREPARE FOR FUTURE BAD WEATHER?
Flood and storm damage isn’t just a winter phenomenon. Recent years have shown that stormy weather can occur at any time of year in the UK. And Zurich Municipal’s research, together with the forecast that extreme weather events will become more common, make it essential for public service organisations to prioritise their risk management procedures.
Flood risk is an increasingly important issue on the Government’s agenda and through the proposed Planning and Compulsory Purchase Bill, planning strategies will be reformed. However, local authorities, housing associations and schools can also contribute at grass roots level. In particular, Zurich Municipal is urging public service bodies to reassess their current spending plans so that funding specifically allocated by central Government is used for flood defences as quickly as possible.
To raise awareness of this problem, Zurich Municipal has recommended a number of measures that could easily be implemented:
- Ensure all property, including drains and culverts, is maintained and in good condition – mend any damage and clear blockages immediately.
- Assess the vulnerability of lightweight constructions, especially if in exposed areas.
- If in a high flood-risk area, don’t store key items
or expensive equipment at basement level.
- Investigate spending plans and look at alternative risk management measures.
- Have a contingency plan to ensure the safety of the building and equipment.
- Set up an efficient call-out system and identify an alternative ‘crisis centre’ for relocation.
Larry Stokes, Underwriting Manager at Zurich Municipal, explains:
“Storm and flood damage costs public service bodies millions of pounds each year. Weather may be beyond our control but, through managing risk, steps can be taken to limit the impact. Careful planning and implementation of contingency plans make it possible to reduce the impact of severe weather events in terms of both damage and the cost.
“Storms, floods, gales and cold spells are increasing in both intensity and frequency. So insurers and the public sector must work together to ensure business interruption is kept to a minimum and services return to
normal as soon as possible.”
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Road safety.
Putting road safety first
RECENT ESTIMATES SUGGEST THAT UP TO A THIRD OF ALL ROAD TRAFFIC ACCIDENTS INVOLVE SOMEBODY WHO’S DRIVING AS PART OF THEIR JOB. BUT STILL SOME EMPLOYERS AREN’T DOING ENOUGH. IAN GAMMANS EXPLAINS WHAT NEEDS TO BE DONE.
“Most public service organisations understand the need to manage health and safety risks on their premises and do so correctly,” explains Ian Gammans, Zurich Municipal’s Loss Control Consultant. “But many of those who run motor fleets – district and borough councils, NHS trusts, housing associations and so on – don’t apply the same rigorous standards to their vehicles and the people driving them.”
This should be about to change, however, in light of a recent HSE publication, ‘Driving at work: Managing work-related road safety’. These guidelines are aimed at employers with staff who drive or ride as part of their job, outlining their legal responsibilities and how they can go about managing the risks involved. The benefits of following these guidelines are quite clear. Obviously, it means a safer working environment for everyone involved and reduced risk to the public. It can also save organisations an enormous amount of money, and reduce days and important work lost due to injury, stress, ill health and task rescheduling.
The guidelines encourage organisations to take a close look at their health and safety systems, considering whether they adequately cover this area. Key areas for consideration are:
Policy – is there a written policy statement that covers work-related road safety?
Responsibility – is there top-level commitment to managing on-the-road risk?
Structure – do different departments co-operate to reduce road risk?
Systems – are there systems in place to make sure the guidelines are being followed?
Monitoring – is information on road risks being gathered? Are regular checks being done?
Assessing the risks
The answer to getting all of this right is to perform a thorough risk assessment for any work-related driving activity. This should follow the same format as a standard risk assessment – identify hazards, decide who might be harmed, evaluate the risks, record the findings and review the assessment.
The organisation’s drivers should be the first area of assessment – are they competent? Do they hold the correct licences? Have references been provided? Are they aware of the organisation’s health and safety policy? Have they received the correct training and are they physically up to the job?
Secondly, vehicles must be looked at. Are they suitable for the task? Are they regularly maintained? Are basic safety checks carried out on them? Do they carry the right safety equipment? Finally there is the journey to consider. Is the route chosen the safest available? Are journeys scheduled correctly to avoid driver tiredness and peak traffic? And there is also the topical issue of bad weather to think about – is the journey essential? If not, is the safety of the driver and other road users being put at risk unnecessarily?
Whenever an incident occurs on a road, responsibility for investigation will, in most cases, lie with the police. But the HSE will take action when police identify that serious management failures have been a significant factor in causing an incident.
Looking at wider risks
However, there are other issues concerning work-related road risk that organisations must be aware of. As Ian explains, “One of the biggest risks comes from people driving their own car at work – care workers and social services staff, for example. Employers often ignore this important risk completely, never even considering it when formulating health and safety policy. But imagine the terrible situation in which someone driving their own car on business hits and kills a child, and is later found to be driving a faulty vehicle or without insurance. The bad publicity generated would be damaging to the organisation.
“That’s why all organisations must make sure that anyone driving their own car holds the correct licence and is suitably insured for business use – checking accident records for these people is also a good idea. The organisation must also make sure the vehicle is roadworthy – does it have an MOT? Is it well maintained? These are all things to think about.”
A final reason that organisations should be acutely aware of their on-the-road health and safety responsibilities is the issue of the Operator’s Licence (‘O-Licence’). “The standards that have to be met to hold an O-Licence are stringent,” says Ian. “And quite recently, a public authority came very close to having theirs withdrawn, which would have been a disaster. So organisations holding this type of licence must be extra vigilant – carrying out regular driver and vehicle checks, making sure that vehicles are adequately maintained and not overloaded, etc. – and generally make sure that they’re meeting all the requirements.”
Where can you find further help?
Zurich Municipal can produce motor reports which will assist in developing an effective strategy for managing motor risk, producing long-term savings on insurance premiums and uninsured losses. Zurich Municipal also has a training course that includes advice on all aspects of fleet risk management, including the above.
For more information email info@zurichmunicipal.com
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Foundation trusts.
Insurance is a matter for trusts
Established in April 1999, the NHS Litigation Authority (NHSLA) provides an insurance pooling arrangement which covers NHS Trusts against both clinical negligence and non-clinical risks such as property and employers’/public liability. Since it was set up NHS Trusts have had the choice of entering the pooling arrangement or funding their own losses.
However, with the advent of the newly formed Foundation Trusts, things are about to change. Foundation Trusts will be given the option to either stay with their existing pooling arrangement or seek alternative quotes from commercial insurers. This increased choice means new opportunities will become available for both the trusts and insurers.
To switch or not to switch?
One of the main reasons that Foundation Trusts might consider switching their cover to a commercial insurer is the added flexibility these insurers can deliver. With the existing pooling arrangement, excesses are set at comparatively high levels and the upper limit of cover is around £600,000 – which may not actually be enough for the trust. Commercial insurers are able to offer lower excesses and a level of cover that is individually tailored to the needs of the trust, giving them more control over their finances.
On the other hand, very few commercial insurers will be prepared to offer clinical negligence cover as it’s such a specialised field of insurance. In addition, if Foundation Trusts leave the existing pooling arrangement, they will become responsible for handling any outstanding insurance claims – something they may not want to be involved in. As trusts switch from the NHSLA to a commercial insurer, claims that are still in process could easily fall between the two – although retrospective cover might become available from commercial insurers at an additional cost.
To obtain an insurance quotation from a commercial insurer, Foundation Trusts will have to gather some vital information. First of all, they’ll need Confirmed Claims Experience from the NHSLA to give the prospective insurer a realistic picture of the cover they’re likely to need. They’ll also have to provide sums- insured information relating to property and material damage and updated estimates in terms of wages, salaries and turnover.
For more information
on how to obtain a quote for non-clinical cover from Zurich Municipal, please email info@zurichmunicipal.com
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LGC Awards
Achieving excellence
ON 15 MARCH, WESTMINSTER CITY COUNCIL AND LIVERPOOL CITY COUNCIL WERE NAMED AS COUNCIL OF THE YEAR AND MOST IMPROVED COUNCIL RESPECTIVELY AT THE LGC AWARDS.
Zurich Municipal sponsored two categories in this year’s LGC Awards – Council of the Year and, along with the Improvement and Development Agency, Most Improved Council.
Now in its eighth year, the Council of the Year award is the most coveted prize in local government because it rewards outstanding performance among local authorities across the country. Winners are chosen on the basis of their overall management ability as well as their approach to delivering services.
The judges congratulated the winning Westminster City Council for a number of successful initiatives and its modernisation drive. It has proven itself to be a progressive council and has sustained a very high level of performance having been shortlisted in last year’s awards. Amongst many initiatives that have benefited the people of Westminster, the council has worked hard to reduce the number of homeless people sleeping rough and has also carried out great work in keeping the streets clean.
Guy Munnoch, Managing Director of Zurich Municipal, commented: “I would like to congratulate Westminster City Council on winning this prestigious award. The council has been extremely innovative in its approach and has clearly demonstrated its commitment to working in partnership to improve and deliver services that truly meet local needs.” The Most Improved Council award looks set to become equally prized. It recognises those local authorities across the country that are striving for excellence. To win this award, councils must be able to demonstrate real service improvements for local residents and businesses.
The judges congratulated Liverpool City Council, this year’s winners, for transforming the way that it is run through a number of successful initiatives. Over the last few years the council has focused its efforts on re-engineering services rather than aiming only for short-term improvement. In this way it has succeeded in providing vastly improved services at a lower cost and has gained a national reputation for very strong management leadership.
Congratulating Liverpool City Council on its winning performance, Guy Munnoch said, “Overcoming a number of social and economic problems, Liverpool City Council is now synonymous with achievement and success and this has been reflected not only in the vastly improved services that it now offers but also in being named European City of Culture for 2008.”
Commenting on the overall high standard of entries for the Zurich Municipal sponsored awards in 2004, Guy continued, “Zurich Municipal continues to be extremely impressed by the way councils rise to meet the many challenges they face. Over the past 12 months there has quite rightly been a focus by local authorities on the Comprehensive Performance Assessment. However, the quality of the entries for this year’s awards demonstrate that this has not deflected from the ability of local authorities to deliver excellent services to the public.”
On the shortlists
LGC Council of the Year shortlist
Derbyshire CC
Knowsley MBC
Sheffield City Council
Wellingborough BC – commended
Westminster City Council – winner
West Sussex CC
LGC Most Improved Council shortlist
Barking & Dagenham LBC
Colchester BC
Liverpool City Council – winner
Rhondda Cynon Taff CBC – commended
Southwark LBC – commended
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ALMOS
Insurance for ALMOs
ARM’S LENGTH MANAGEMENT ORGANISATIONS (ALMOS)
ARE SEEN AS ONE OF THE ANSWERS TO COUNCIL HOUSING PROBLEMS IN THE UK. SENIOR UNDERWRITER PAUL IVERSON EXPLAINS THE INSURANCE ISSUES THEY FACE.
An ALMO is a council-owned company set up to manage the council’s housing stock. They’ve been introduced in response to the Government’s pledge to bring all council housing up to a decent standard by 2010. A lot of councils have no means of raising the funding required to improve their housing stock to these standards, which leaves them two options – sell the housing to a private company or transfer management to an ALMO.
The advantage of an ALMO is that it can apply for Government grants to improve the housing it manages. That means things like insulating and installing central heating, replacing windows and updating kitchens and bathrooms. Selling the housing stock to a separate Registered Social Landlord is not always acceptable to the tenants who may vote against such action, so the creation of an ALMO as a subsidiary of the council is often more acceptable to many tenants.
Determining the risks
But what about the insurance requirements an ALMO must consider? As Paul explains, there are a number of areas to look at. “First of all, ALMOs need to think about the risks they face as an organisation. They’ll usually take on council staff when they’re set up, so employers’ liability is an immediate concern, as is insurance for their offices. There’s also motor risk to take into consideration – an ALMO’s maintenance staff, who use vans or their own vehicles when travelling to carry out repair work, need to be covered. And, of course, personal accident cover for staff is also important.”
The difficulty in determining insurance requirements, however, lies in the areas of public liability and property owners’ risk. “Most ALMOs take on this risk,” says Paul, “but in some instances, the council retains liability. What we’re talking about here is the risk of tenants slipping, tripping and falling, illness caused by damp housing conditions or even perhaps children falling out of windows that are in a bad state of repair – any claims that occur as a result of defective property, in fact.
“The first thing a council should decide is who will pick up that risk. Is it the council or the ALMO?
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Workplace stress
“Getting this wrong can have a knock-on effect in terms of insurance cost. If a council (or ALMO) makes unnecessary claims, their premiums for the following year may be more expensive.”
That decision may come down to the cost and excess involved. Many councils arrange cover with significant levels of excess and some ALMOs can’t afford to fund losses within this amount. ALMOs are talking to the Office of the Deputy Prime Minister (ODPM) to see whether they can obtain funding for the excesses from the council.
But that responsibility must be agreed at the outset – and it isn’t always an easy decision.” Getting claims right
There is also a grey area surrounding liability for claims occurring outside the properties. If, for example, someone falls in the street outside an ALMO-managed house, it would probably be a highways risk. But if someone falls on the pavement leading up to the property, it could be construed as a housing matter. It’s up to the Local Authority and ALMO to define the boundaries and make sure the right claim is submitted under the right policy. And this is something that Paul believes is vital to ensure ALMOs and councils get the insurance cover they need. “Whenever an ALMO or council makes a claim to their insurer, the information they provide must be as accurate as possible. If the
insurer has all the facts at their disposal, they can make the right decision and pay claims correctly. “Getting this wrong can have a knock-on effect in terms of insurance cost. If a council (or ALMO) makes unnecessary claims their premiums for the following year may be more expensive. And that might be an unnecessary cost they can ill-afford. On the other hand, if claims aren’t made when they should be, the organisation’s premiums might be set too low and they may prejudice their position when making a claim.”
If you’d like to know more about ALMOs and their insurance requirements, please speak to your usual Zurich Municipal contact or get in touch with the Housing Business Team by emailing social.housing@zurichmunicipal.com
Managing stress
FIGURES PUBLISHED BY THE HEALTH & SAFETY EXECUTIVE INDICATE THAT SELF-REPORTED WORK-RELATED STRESS, DEPRESSION AND ANXIETY ACCOUNT FOR AN ESTIMATED 13.5 MILLION REPORTED LOST WORKING DAYS EACH YEAR IN BRITAIN.
The Stress and Health At Work (SHAW) study indicated that nearly one in five of all working individuals thought their job was very or extremely stressful. People who are most vulnerable to stress at work include hospital workers, teachers, probation and prison officers, police, armed services personnel and some managerial groups.
Tackling stress is one of the eight key targets set by the Health & Safety Executive. It is already running a pilot scheme, which could be included in legislation, forcing hospitals to measure and, if necessary, reduce stress. Ignoring symptoms could lead to serious penalties and huge implications for already overstretched budgets.
The Zurich Municipal Work-Related Stress Management Awareness course helps managers understand, recognise and prevent stress in the workplace. This can be run as either a half- or full-day course. It covers the latest health and safety legislation, and looks at practical and realistic preventative measures as well as rehabilitation and how to carry out claims investigations. It’s an ideal opportunity to gain an in-depth understanding of stress in the workplace and its implications for both employees and organisations.
For further information on the Work-Related Stress Management Awareness course, please email
info@zurichmunicipal.com
Delivering what you want
You’ll have noticed some changes in this issue of News & Views. We’ve made these in response to your feedback and to make it easier for you to find the information you need. We’re always happy to hear from you about any aspect of News & Views.
- Do you like the new design?
- How could we make it work even better for you?
- Are there any specific topics you’d like us to cover?
You can let us know what you think in a variety of ways:
by emailing info@zurichmunicipal.com
by calling Paul Allen on 01252 387061
or by visiting www.zurichmunicipal.com
Are the right people in your organisation receiving News & Views?
If not, you can change contact details and the number of copies you receive by emailing info@zurichmunicipal.com with the current details and what you’d like us to amend.
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School trips
“Instead of encouraging schools to shy away from trips, we need to encourage them to step up their risk management arrangements so they can conduct the trips with the confidence that they are fully prepared for every eventuality.”
Making sure school trips aren’t consigned to history
TRADITIONAL SCHOOL TRIPS ARE COMING UNDER THREAT DUE TO TODAY’S ‘BLAME CULTURE’. SO WHAT CAN BE DONE TO MAKE SURE THEY DON’T BECOME A THING OF THE PAST?
In our increasingly litigious society, there’s a tendency to want to blame and claim against someone whenever an accident happens – and accidents that happen on school trips are certainly no exception to this. In fact, according to ALARM – The National Forum for Risk Management in the Public Sector – people in charge of school trips are beginning to fear being blamed for accidents so much that abandoning trips altogether is becoming a distinct possibility.
This warning follows closely on the heels of advice from the second-biggest teaching union in the UK, the NASUWT. It advised its 223,000 members to stop taking children on school trips because society ‘no longer accepts the concept of a genuine accident’. The union’s point of view is understandable, as the past few years have seen a number of cases where either a school or an individual teacher has been directly blamed for an accident or even death that happened on a trip. ALARM is quick to point out that there should be blame if and where it’s due, but people must not forget that accidents do happen. And if school trips aren’t organised, then pupils (and society) lose out.
Obviously, there are risks involved in school trips, particularly outdoor excursions, but ALARM believes schools don’t need to take the extreme measure of ending them altogether if they have proper risk management arrangements in place. In fact, the majority of school trips are successful and accident-free, but whenever risks are involved, the organisers can manage them before an accident happens, making sure the safety of the pupils is not in doubt.
As ALARM council member Sharon Roots, explained, “If schools and teaching staff continue to fear the prospect of being blamed for any accidents on school trips, we will inevitably see an end to trips altogether. “This would be a real shame as trips outside the school perimeter are a valuable learning curve for pupils. They help develop pupils’ social skills, interaction with others and their confidence to undertake a variety of activities they could not do within the school building.
“Instead of encouraging schools to shy away from trips, we need to encourage them to step up their risk management arrangements so they can conduct the trips with the confidence that they are fully prepared for every eventuality.”
ALARM – The National Forum for Risk Management in the Public Sector – which celebrated its 12th anniversary this year, represents over 1,500 members across the UK public sector. The Association’s aims are to enable public sector organisations to develop and implement successful Risk Management practise, to promote education, training and research and to disseminate information.
For more information please contact the ALARM administration office
on 01395 223399 or visit the website at www.alarm-uk.com.
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Reducing arson
Zurich commends work of West Midlands Arson Task Force
THE WEST MIDLANDS ARSON TASK FORCE HAS BEEN SET UP TO REDUCE ARSON BY ENCOURAGING CO-OPERATION BETWEEN THE POLICE, FIRE SERVICE, LOCAL DUCATION
AUTHORITY AND BUSINESS COMMUNITY.
The West Midlands Arson Task Force consists of Fire Station Officer Dave Boden and Police Sergeant Phil Butler. It has been partly funded by the Arson Control Forum and was set up in response to an in-depth analysis of police and fire service data. The analysis provided clear evidence of arson trends and activities, and created an opportunity to attack the arson problem in a targeted way.
The analysis showed that just over 60% of defendants were aged 17 and under, and that arson is mainly carried out by males, who make up 88% of defendants. Most arson crimes are perpetrated by one defendant.
Twenty-six arson offences were committed by people living in the same household/property and only 19% were committed by people living in an area two miles or more from the arson incident. The conclusion is that a significant number of offenders are local youths.
The task force’s aim is to reverse the escalation of arson, and reduce it by 10% by the financial year 2009/2010, through a combination of prevention, education, detection and investigation.
“The solutions to the arson problem in the West Midlands are complex, so a partnership approach is vital to achieve success,” said Police Sergeant Phil Butler.
Education is fundamental to reduce arson over a longer period. The task force is planning to use the ground-breaking facilities at Handsworth Community Fire Station in Birmingham to show students aged between eight and fifteen the causes and consequences of fire. They will be able to view the ‘Fire Experience’ that demonstrates how fire reacts in a realistic and safe environment, backed up with interactive IT and video material.
When the West Midlands Arson Task Force announced its half-year results for April to September 2003 they showed an overall reduction in property fires compared with the results from April to September 2001. The number of arson fires in non-dwellings has been reduced by 5.1%, there were 158 fewer arson vehicle fires than in 2001, and significantly fewer false alarm calls were received.
“We hope that the work of the West Midlands Task Force will be expanded to a wider audience to help educate people about fire safety issues and ultimately reduce the number of fires,” said Mike Webley, Loss Control Surveyor for Zurich Municipal.
Zurich Municipal supports fire safety booklet
Zurich Municipal has sponsored the Guide to Fire rotection and Fire Education in Schools. It was produced by Wolverhampton Fire Safety Unit in conjunction with Walsall Council and Wolverhampton Council and it’s hoped that the booklet will be rolled out across the UK in future.
If you would like a copy of the guide please email arson.taskforce@wmfs.net or for further information see
www.wmarsontaskforce.gov.uk
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Compensation
Finding a way to manage CFA claims
LOCAL AUTHORITIES’ BOTTOM LINES ARE FEELING THE PINCH AS SPURIOUS COMPENSATION CLAIMS CONTINUE TO INCREASE. BUT WHAT CAN BE DONE TO REDUCE THE NUMBER OF THESE CLAIMS?
According to a new report published by the Local Government Association (LGA) and Zurich Municipal, 68% of councils have experienced an increase in the number of tenuous claims they’ve received since the introduction of conditional fee arrangements (CFAs).
Responses from 212 councils in England and Wales reveal that 85% of local authorities say CFAs have increased their annual costs. As a result, 42% of authorities say they’re developing detailed risk management procedures and 20% have recently introduced such a policy. A further 25% say they already had policies in place.
The report also illustrates the positive side of CFAs, which ensure access to justice for people on low incomes. Since the legislation was introduced in April 2000, benefits include local authorities taking a more proactive approach to monitoring services, improving their standards and reducing allegations due to better risk management policies and procedures. One council describes how, after 14 claims in 15 months caused by some steps outside a health centre, it began to monitor the situation on a monthly basis to ensure that documentation was available for each claim.
Alan Hunter, Technical Claims Manager at Zurich Municipal, says: “Local authorities can see a positive impact on their budgets by proactively handling CFA claims. Maintenance of records, regular inspections and the implementation of risk management policies are key to managing the claims process.”
Sir Sandy Bruce Lockhart, Vice-Chairman of the LGA, says: “We’re working to find a unified approach to this problem. The aim is to ensure that the benefits of ‘no win, no fee’ legislation aren’t spoilt by dishonest claims. Councils have had to significantly increase resources and revise procedures – often at the expense of genuine claimants and council taxpayers. Councils can’t now wait to deal with the suspect claims, but have to proactively root them out. Unfortunately, this takes more time and resources meaning justice comes at a price.”
The report illustrates how the top three sources for advice about CFAs are insurance companies (84%), the media (74%) and ALARM (64%). But over one-third of council officers are also consulting colleagues in other authorities. For example, Bolton Metropolitan Borough Council (BMBC) has set up an email group to share information, advice and experience with other authorities in a similar position and currently has 30 members.
Nicola Pope, Senior Lawyer of Community for BMBC, says, “The advice from this group focuses on the housing disrepair claims, which includes lawyers, inspectors and surveyors. We see co-operation between the authorities as the best way forward as we can learn from each other.”
An executive summary of the report
can be found on www.zurichmunicipal.com
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Defeating bullying
Winning in the battle against bullying
ACCORDING TO NEW FIGURES, THE TOTAL NUMBER OF
BULLYING CLAIMS MADE AGAINST SCHOOLS IN 2003 WAS LESS THAN A QUARTER OF THOSE MADE IN 2002. SO WHAT HAS CAUSED THIS REDUCTION AND WHAT SHOULD SCHOOLS DO TO MAINTAIN IT?
In recent years, bullying claims have risen steadily and have been responsible for eating into funds from stretched school budgets. However, Zurich Municipal has analysed figures from the last five years and 2003 bucked this trend considerably. Compared to those received in 2002, the number of claims fell by 75%, indicating that schools might be moving in the right directionin the battle against bullying.
Alan Hunter, Technical Claims Manager at Zurich Municipal, says: “It appears that the initial flood of claims for bullying has been largely unsuccessful, due to some strong judgements from the Courts and the implementation of strict anti-bullying policies in schools across the UK. But we still urge schools to maintain their efforts in managing this area, continuing to implement and update their anti-bullying policies.”
All head teachers are required by law to implement a policy to prevent all forms of bullying among pupils. The Department for Education and Skills offers guidelines on the content of anti-bullying policies and recommends that they should be short, succinct and include the following:
- A definition of bullying, including racist, sexist and homophobic bullying aims and objectives.
- Procedures to follow – who to tell, how to record bullying and keep proper records and sanctions.
- Intervention techniques, curriculum support,
training policy and play policy.
According to David Hart, General Secretary of the National Association of Head Teachers, schools are playing a dangerous game if they fail to take bullying seriously. He explains: “If bullying takes place and the school takes no or inadequate action, then they’re extremely vulnerable. The LEA could face substantial damages and their reputation will be badly affected.”
These latest figures seem to be the first signs that anti-bullying policies are starting to take effect, despite Education Secretary Charles Clarke’s recent claim that violent children’s television is undermining the Government’s attempt to stamp out bullying in schools.
Alan Hunter continues: “An anti-bullying policy alone will not solve the problem as it has to be proactively implemented as well. To ensure this trend continues, it’s important for headteachers to ensure policies are kept at the forefront of teachers’ and pupils’ minds. They have to guarantee that the message is ingrained as part of the school culture and is a continuous activity.”
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