news & views - summer 2005

Leading the way
News in brief
Reforming fire safety
Tackling drug driving
Avoiding disasters through contingency planning
Insulating buildings against fire risks
Questions & answers
Putting health & safety first
Getting tough on claims
Avoiding problems during building design
Sporting injury claims
Cost of school arson still rising
Tools to combat arson
Motor Insurance Database rules tighten

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In recent years we have witnessed the impact that major disasters or catastrophic events have had on local communities and economies alike. For the public sector the implications are far reaching as the pressure increases to be able to demonstrate effective service delivery even in the event of a major incident occurring. As a result, it is becoming increasingly evident that business continuity planning is a high priority in the development of public sector risk management programmes.

In this issue of News & Views, Zurich Municipal introduces a five-step risk management cycle that forms the basis of the overall business continuity planning process. These five steps allow organisations to identify their key services, consider the risks that may impact service delivery and finally develop an action plan that will mitigate the identified hazards. Embedding this planning cycle within the business is essential to avoid being defeated if disaster hits - there is also the added benefit of enhancing organisational capabilities and performance through successful monitoring and reduction of business risk. Please contact us if you require further details or advice on business continuity planning, we can also provide you with information on a new service we have recently launched to assist public sector organisations in responding to major incidents.

Turning now to other news, Zurich Municipal continues to press ahead with its campaign to combat school arson. Following on from the success of our Arson Combated Together (ACT) initiative, we are working in partnership with fire brigades to educate children on the dangers and impact of setting fires in schools. The ACT tool kits have now been issued to fire brigades across the UK and the materials provided will enable them to implement the ACT programme in schools within their local communities.

Our article in this News & Views details some of the key statistics relating to school arson, as well as highlighting the benefits of implementing this educational programme to assist in tackling the problem at its source.

Linking to the work Zurich Municipal is undertaking around school arson is the ongoing involvement and input we have to building and premises design. Using the experience we have accumulated through working with schools and local authorities, we are able to advise from the outset on designs that will meet the required security and safety measures. A prime example of this is the installation of sprinkler systems that will effectively mitigate the damage caused by a school fire. The advice Zurich Municipal can provide extends far wider than purely school building design and our article provides examples of other areas where we are assisting our customers to ensure that the design and construction process proceeds smoothly.

Corporate manslaughter is another topic that remains high on the Government agenda and in the light of the impending legislation it is even more important that organisations take time to review their current health and safety procedures within the workplace. Having documented systems and processes is a great starting point, but it is essential that organisations are able to demonstrate that these procedures are being followed across all business areas. In this edition of News & Views we highlight some of the key areas for consideration in addition to emphasising the importance of undertaking written risk assessments and having a documented audit trail in place.

Finally, I am delighted that the new format of our News & Views publication has produced such positive feedback. In particular the Q&A section is viewed as an extremely valuable source of information and an effective way of raising key issues that you would like advice on. Please keep sending us your comments and ideas, so that we can ensure that our publications continue to move with the times.

Guy Munnoch

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Zurich Municipal has promoted Cliff Skeates to the role of Underwriting Director. Cliff will direct a team of over ninety underwriting staff dedicated to meeting the needs of public service customers. Commenting on his new appointment, Cliff said, "Due to a long track record with Zurich Municipal, a good understanding of our customers' needs is the most valuable asset I can bring to the role. This expertise can help us to continue to add value to our customers by understanding their concerns and helping them to manage risk at all levels. This will ensure there are fewer claims, premiums will remain lower and our customers' general business efficiency increases."

The Health and Safety Executive has published the first annual statement of changes to domestic occupational health and safety law on which it leads.Domestic changes will now be implemented on two days each year - 6 April and 1 October - to increase clarity and awareness.You can find a copy of the statement at www.hse.gov.uk/aboutus/regulations

The Health & Safety Executive (HSE) has issued advice on using interactive whiteboards, noting that they can expose the eye to levels above one of the exposure limits used by the HSE as a guide for compliance with applicable legislation. You can find their advice plus links to other useful websites at the HSE website: www.hse.gov.uk

Zurich Municipal has joined forces with Post Magazine to create the Zurich Municipal Risk Management Forum. This exclusive online club unites people in the public services risk arena with market experts, and gives them the opportunity to debate risk issues. Hosted by a Post journalist, the Forum gives club members the opportunity to participate in four live debates throughout the year.

The first session, to be held on 21 July, will debate the social housing challenges emerging from new governmental, social and environmental changes. Panelists included senior representatives in the housing sector and trade bodies.To register your interest please visit www.zurichriskforums.co.ukChange to seatbelt law From 1 March 2005 delivery drivers and their passengers must wear a seatbelt when making deliveries or collections if they travel over 50 metres. This change in the law applies to drivers and passengers in vehicles constructed or adapted to carry goods.Previously goods vehicles were exempt when making local rounds of deliveries or collections.Risk management helps to contain liability insurance costsThe Association of British Insurers (ABI) has announced that according to a survey of its member companies, improving risk management in the workplace is helping to contain liability insurance costs for many businesses.

Zurich Municipal has appointed Andrew Jepp as its Head of Housing. In this newly created position, Andrew will provide strategic and operational leadership to a new dedicated Housing Team focused on providing the right support to customers.

Zurich Municipal has created this role as a response to the challenges housing organisations face through governmental, demographic and social change. To operate in this increasingly governed, competitive and challenging marketplace, Registered Social Landlords have had to learn new risk management skills to enable them to assess the long-term viability of existing activities and new developments. Research and customer focus groups conducted by Zurich Municipal highlighted funding, regulation and anti-social behaviour as some of the challenges facing housing providers.

In response to feedback from housing organisations, Zurich Municipal has run regional customer events to share experience and best practice, and create understanding around the potentially complex areas of insurance and risk management. The events also focused on how Zurich Municipal can further improve its service to housing organisation customers.

According to Andrew Jepp, who has considerable expertise in the public sector and insurance industry having worked for Zurich Municipal for over 23 years: "Housing is high on the public services agenda at the moment. The challenge I face is to create a more collaborative way of identifying the risks customers face by working in partnership with them. There is a real need to understand their goals and challenges, particularly in light of current governmental, social and environmental changes."

Ken Hunter has been named as the Outstanding Public Servant of the Year 2005, a category sponsored by Zurich Municipal in the Public Servants of the Year Awards.Leading firefighter in community fire safety with the West Yorkshire Fire and Rescue Service, Ken has been working to fight and prevent fires for almost 27 years. He spent more than 16 years as an operational firefighter before transferring to fire safety education in 1995.Ken's most high-profile work in his educational role has been with children who have committed arson or who simply have a fascination with fire.On the awards website Roger Singleton CBE, a member of the judging panel, comments: "Ken's work in pioneering an education programme for children and young people who start fires has been imaginative, creative and effective. He developed the initiative personally and his ideas have now been adopted by many fire brigades."To find out more about the awards email: info@zurichmunicipal.com or visit www.cipfa.org.uk/awards

Under the banner of 'Homes for all' the Government has taken forward its policy on housing with the publication of its five-year plan.Among other things the plan includes a package of 'Choice to own' measures intended to help more social tenants to buy a home and outlines "a new strategic role in housing" for local authorities.For more information visit the website of the Office of the Deputy Prime Minister at www.odpm.gov.uk

On 14 March, Sheffield City Council and Southwark LBC walked away with trophies in the prestigious LGC Awards.Now into its ninth year of recognising excellence in the public sector, the LGC Awards featured two categories sponsored by Zurich Municipal: 'Council of the Year' and 'Most Improved Council of the Year'.In the 'Most Improved Council of the Year' category, the judges were looking for teams that could demonstrate service improvements and a desire to strive for excellence. On the night, Southwark LBC received the top prize, in recognition of their sterling efforts. Just three years ago in December 2002, the council had received a 'weak' performance rating, rising to 'fair' in 2003, and 'good' in August 2004."Despite facing some of the biggest challenges of any council, Southwark LBC performed exceptionally," said category judge and Zurich Municipal's Strategic Marketing Director, Andy McClure. "The team engaged the community, delivered first-rate services and showed big improvements in all their work. What's more, this upward trend looks all set to continue."Collecting the coveted 'Council of the Year' award was Sheffield City Council, demonstrating evidence of community partnerships, strengthened management, and outstanding investment in staff. "Quite simply, Sheffield City Council has helped make this large and demanding city an even better place to live," continued Andy. "Throughout the year, they have also shown outstanding leadership and exceptional partnerships with the local community."Fellow judge and Zurich Municipal's Sales and Risk Management Director, Joe Murphy, was full of admiration for both winners. "Each has provided a wealth of evidence to demonstrate worthiness for these awards. They are a true testament to the LGC Awards' aim of encouraging councils to attain ever-higher standards of excellence."

For more information please email info@zurichmunicipal.com

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The Regulatory Reform (Fire Safety) Order 2005 is expected to come into force this autumn. Richard Feltham, Corporate Governance & Risk Manager with the Kent Fire & Rescue Service, looks at the main elements of the Order and what to do to prepare for its introduction.The Regulatory Reform (Fires Safety) Order 2005 is not a new piece of legislation but amends or replaces numerous disparate pieces of existing legislation applicable in England & Wales (Northern Ireland and Scotland will have their own law). The most significant of these are the Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regulations 1997. While much of the content of the order will be familiar to health and safety practitioners, a new emphasis on fire risk assessment will place new duties on employers and occupiers of designated premises. It will also see the end of Fire Certificates, which will cease to have any statutory effect but may be useful as a basis for a fire safety risk assessment.

The Order places the responsibility for compliance on a 'responsible person' and sets out measures they must take to ensure the safety of all 'relevant persons' (employees and all persons legally on the site).

In most workplaces this will be the employer or the person who has control of the premises. Among other things, the responsible person will need to ensure that:

• fire risk assessments are carried out and regularly updated, and where more than five people are employed, recorded
• a 'competent person(s)' is/are appointed to identify and carry out any preventative or protective measures required. This person must have sufficient training and knowledge to implement the measures properly, but need not be an employee
• employees are provided with information about the risk identified, the measures taken to mitigate them, and appropriate training about the fire precautions in the workplace
• visitors and contractors on the premises are provided with sufficient information to ensure their safety
• suitable escape routes, signage, fire fighting equipment, emergency lighting, fire detection and alarms and suitable measures to reduce the spread of fire are provided
• the premises and fire equipment provided is maintained and kept in good repair.

Where premises have a fire certificate already, physical fire precautions have been properly maintained, and no structural alterations have been made, it is unlikely you will have to make any significant improvements to the physical measures in place. You will however still have to undertake and record the fire risk assessments. While the detailed guidance is still being drafted, there are some things you can do to prepare.

• Attend one of the seminars being arranged by the Office of the Deputy Prime Minister (ODPM) in 2005 (you can find details at www.odpm.gov.uk).
• Identify the 'responsible person' with overall responsibility and set up a project plan to implement the requirements of the Order.
• Gather information on current premises and the equipment installed there and ensure that an adequate maintenance programme is in place.
• Identify and train 'competent persons' or floor wardens for all affected buildings.
• Ensure equipment provided is maintained and tested and an appropriate system of inspection and maintenance is in place.

For further information email info@zurichmunicipal.com

Alternatively, you can contact your local Fire and Rescue Service, or visit the following websites:

www.odpm.gov.uk
www.bfpsa.org.uk
www.feta.org.uk

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A new Code of Practice has given the police extra powers to tackle the dangers of drug driving. Roadside testing and penalties similar for drink driving will apply to all drivers.

To support this new legislation the Department for Transport is running a new campaign that will fit into their Think! Road Safety strategy. 'Drug driving is not a safe trip' is the safety message the Government is determined to drive home.

Plans for future crackdown Driver safety is high on the Government's agenda. In addition, the Home Office has launched a consultation paper setting out proposals to create a much tougher and more effective framework of offences to deal with bad or illegal driving.

The paper follows a wide-ranging review of existing laws, during which the Home Office sought the views of the police, judges and road safety campaigners. Key proposals are to include:

• a new offence of causing death by careless driving carrying a maximum sentence of five years' imprisonment
• a new offence dealing with death resulting from illegal (disqualified or unlicensed) driving carrying a maximum five years in prison
• a requirement for courts to take serious injuries caused by bad driving into account when sentencing
• an alternative verdict of guilty for statutory offences to be available to the courts when the offence of manslaughter is not proved.

It is essential then, that organisations have a robust drug and alcohol policy. This must cover all employees who make work-related journeys not just those provided with company vehicles or cash incentives. Andy Price, Practice Leader, Motor Fleet, Zurich Risk Services, commented: "Many companies are now raising awareness with their drivers on all aspects of drink and drug driving, so that they understand what the risks are.

"A key part of any strategy is the fleet safety policy, which should be a high level document linked to the health and safety policy, which in turn should be linked to the contract of employment. This will help ensure that fleet safety initiatives are taken seriously and are enforceable."For further information on these proposals visit www.homeoffice.gov.uk or email info@zurichmunicipal.com

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You can't predict the future but, says Michael Burke, Product Development Manager at Zurich Municipal, it's important to prepare for it.

Life is changing for public service organisations. Disasters can no longer be brushed under the carpet and ignored. Catastrophes are demanding attention. Today the UK faces changing risks and threats and ensuring the minimum possible impact on service levels in the event of an emergency is now key to success. The main tool for moving in this direction is business continuity planning.

Basic risk assessments blow away the fog to enable organisations to see hurdles that they could have stumbled on before they embarrassingly take the fall. They are a preventative process as well as an indicator of how to move services forward in the face of adversity.

Business continuity planning can be interpreted in different ways by different organisations but its basic aim is to reduce the disruption of services as far as possible if a disastrous event occurs.

This disastrous event could be minor or major - from a leak from a vending machine which drips into the IT department, to a huge fire which burns down your offices. Nearly all organisations have some sort of plan to cope with IT problems because IT is a fundamental part of their operating ability - the disruption to communications due to a breakdown in IT means the organisation could be effectively cut off from the outside world.

But there is still a reluctance to plan in other areas. This is because it is a monumental exercise to undertake effectively - there's no hiding from the fact that it takes a lot of time and resources. But the impact if plans aren't in place could be catastrophic for the whole organisation.

If a disastrous event happened, how could an organisation begin to assess the problem if it was already on the back foot and time was crucial? It would already be starting from a negative position.

The key to identifying risks and preventing this situation is the planning cycle. It requires a systematic approach to identifying all the risks that threaten the continuation of service delivery, and an ongoing approach to manage the risks that pose the greatest threat.

In order to achieve this, a six-step risk management cycle needs to be established:

Identify key services: What are the key services and how important is it to maintain them? Some will be statutory, and others will be in-house services that other external service providers are totally reliant on.

• Risk identification
  Risks or obstacles to the continuation of service delivery need to be identified through a carefully managed exercise involving all relevant staff, including senior management, and covering all areas of the organisation's work.
• Risk analysis
  Risks need to be analysed to determine how likely they are to occur and how they will affect business continuity if they do. Business continuity risks typically have a low likelihood but often with a catastrophic impact.
• Prioritisation
  Risks need to be prioritised so that they can be managed efficiently and effectively. Identifying the organisation's appetite for risks can mean that some risks can be 'lived with'. This allows the organisation to focus on managing those risks that exceed their appetite.
• Risk management
  Action plans need to be developed to ensure that the identified and prioritised risks are managed in a way that will reduce the chances of them occurring and/or the impact to service delivery if they do.
• Monitoring Progress against these plans needs to be regularly monitored by the management team.

A cycle then becomes clear; plans are made, service delivery is unbroken, performance is enhanced, and this feeds back into the performance management framework.

The focus should be on doing what it takes to make a difference. The process is essential if an organisation wants to achieve its goals. It is also critical if it does not want to be blocked and defeated by disasters.

Subject to resources being available, an organisation could develop its own business continuity plans, and carry out its own risk assessments. This would have to take place on a rolling basis, as risks and environment change and evolve. However, this could lead to an element of reinventing the wheel as templates are already available - not an ideal situation when resources are stretched.

Slowly people are coming round to the idea that some disasters can be avoided. It is not a matter of predicting the future, but intelligently putting a process in place to help identify potential problem areas and develops plans to cope with them. To be prepared is to be forewarned.

Zurich Municipal has launched a new service to help public sector organisations respond to disasters, from localised major incidents to devastating national emergencies.

It will also ensure local authorities meet the requirements of the Civil Contingencies Act, which is due to come into force.

The new service, tailored to the requirements of each organisation, was developed in response to customer demand. It will help to identify and prioritise the risks they face, assess which risks can be reduced and put plans in place to effectively manage them.

For more information please email info@zurichmunicipal.com

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Building insulation materials and methods can either help or hinder the spread of fire in a building, so it's vital to make the right choices.

The drive for energy efficiency means new and refurbished buildings have to meet stringent regulations on insulation.

Architects are therefore looking for cost-effective ways to meet the new regulations.

As a result we could also see increased use of natural and mechanical ventilation in premises, along with new methods such as earth tube, underground heat collector areas and heat underground stores. Many of these new approaches will not increase the risk of fire spreading, but the ductwork required by some may cause issues which need to be addressed.

However, it's the less radical approaches to insulation that cause concern, such as using sandwich panels. "We advise the use of panels approved by the Loss Prevention Council Certification Board (LPCB)," says David Leech, Senior Risk Management Consultant at Zurich Municipal. "The LPCB gives sandwich panels two grades - A and B - and we recommend that Grade A panels are used for vertical surfaces."

Zurich Municipal is not alone in its stance. The entire insurance market has reacted strongly to the use of panels that have not received LPCB approval.

The external insulation of buildings is another consideration. Vertical, external fire spread is a serious risk, so it is vital that any insulation does not assist this. "When considering the suitability of external insulation materials, we examine the whole design, not just the external rating under the British Standards," says David. "This includes the combustibility of insulation, the facing, any cavities and how the fire may be stopped, such as through soffits and cavities."

In addition the need to maximise available space has also had an impact on building design. Atria can be an effective and attractive answer here, but when considering roofing over the space between buildings it's once again important to take into account the effect this could have on fire and smoke spread. The choice of materials and the fire and smoke protection methods must be thoroughly thought through - and while escape routes for the building's occupants are obviously paramount, property protection aspects shouldn't be overlooked.

"One aspect that needs to be very seriously considered is the spread of smoke within the building, as not all will be vented to the outside," David says. "Even a small fire can spread smoke throughout a building and this can make it necessary to close a building for over a year until it can be decontaminated and repainted."

With such complex issues and potential hazards involved, David's advice is to speak to your insurer before starting a new building or refurbishment project. "Using the wrong method or material can increase risks and affect insurance premiums or cover. It's therefore important to work with your insurer from the outset of the project to find the best solution."

For more information please email info@zurichmunicipal.com

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If you have a question you'd like our experts to answer, please email info@zurichmunicipal.com. We'll obviously respond to you as quickly as we can, but we'll also print the most frequently asked ones in News & Views.

No, Zurich Municipal will accept one claim form if the incident occurred in one particular storm, as long as the properties fall under common types of premises (for example housing or offices). We'll require a list of addresses and details of the repair costs for each.

Please note that in the case of terraces and blocks the policy excess will apply to each and every affected (dwelling) unit. If only communal areas are affected, just one excess will apply.

If a third party requests the hire of your premises for social events or gatherings then it is the responsibility of the third party to have in force adequate public liability insurance cover. Zurich Municipal's public liability cover will not extend to cover third parties so you must check the third party's insurance documents before the hiring. However, the responsibility for maintaining the property still rests with you.

We understand that it's not always possible for a hirer to purchase public liability insurance.

If this is the case then we could provide a Third Party Hirers Liability policy. This would cover the hirers against accidental injury and damage to the premises. This cover can only be provided where Zurich Municipal currently insures the organisation's public liability risk.

To provide a quotation we would need a copy of the current hiring agreement and an estimate of the annual hiring fees.

Although the public liability cover we provide is a blanket cover catering for the usual business activities of an organisation, special events such as fireworks displays, fetes and fun days are usually one-off events, so you need to tell us if you are having one. Any additional premium will depend on the size of the event, the types of activities taking place, how many people are expected to attend, and the loss history of any previous similar events you've held.

In addition, you should ensure that all participating groups, such as firework companies and stallholders, have their own adequate public liability cover. You should obtain evidence of participants' public liability cover before the event.

If you acquire new items of plant and machinery you should let us know as soon as possible so that we can inspect the items and add them to your policy. This is especially important for items where there is a statutory requirement for inspections, because in most cases the plant should not be used until it has been inspected. If you forget to tell us about a new item, our engineer may well pick it up at their next inspection and ask on site whether they should include it. However, we cannot guarantee this if the plant is at a site where we do not currently inspect or if the item is not readily visible.

If the engineer cannot obtain authority to add the item at the time we will write to you to ask for further instructions.

With regard to the insurance cover, as long as the item is within the categories of plant already covered and is at a site that is listed on the policy, automatic cover applies for up to 12 months after you become responsible for the item, as long as the plant is:

• free from material defects
• suitable for insurance
• in satisfactory working conditionand that:
• statutory inspections have been carried out
• you let us know as soon as possible.

If the plant is found to be unsatisfactory for insurance following inspection, we are entitled to withdraw cover.

In order to make sure the plant is operated within the law and that insurance cover is in place you should let us know about it as soon as you can. Please send the following details:

• A description of the item(s).
• The full address including the postcodes.
• A contact name and telephone number for someone at the site, or someone who can arrange access.

It's the individual's responsibility to ensure that cover applies whilst using their car on organisation business. This applies whether or not the individual is in receipt of a car user allowance. The individuals should advise their motor insurers that they use their vehicle on business and they may have to pay an additional premium for this cover.

Zurich Municipal's motor policy provides contingent liability cover should the individual's cover be inoperative for some reason.

This extension protects the organisation only and does not provide indemnity for the individual driver concerned. We would seek to recover any money paid under this extension from the individual driver. It is a condition of this extension that the organisation takes all reasonable steps to ensure that the individual has the correct cover in force.

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In the light of impending legislation on corporate manslaughter, Zurich Municipal's Brian Dowsett looks at health and safety responsibilities.

The Government's decision to press ahead with legislation on corporate manslaughter has made it a hot topic, but in reality it isn't a new one. Organisations and individuals have existing responsibilities under the Health and Safety at Work Act and there have already been successful prosecutions for corporate manslaughter, with numerous other cases being brought to court. However, with new legislation on its way, now may be a good time to review your organisation's health and safety procedures and look at areas where they could be improved. Two specific situations where weaknesses can occur are new starters in management positions and 'lower risk' areas with hidden risks .

Corporate manslaughter is an issue that can arise anywhere down the management line, and this raises an important question - when someone in your organisation is appointed to a new management position, what tools are they given to help them manage health and safety?

It's essential that people who are new to a management role are empowered to take on their health and safety responsibilities. And that empowerment has to happen as soon as they take on their new role.

Health and safety is therefore an important aspect of a new manager's induction into their new role. The induction should take place as soon as possible after the person takes on their management responsibilities, and should include training appropriate to the level of health and safety responsibility they will be taking on. There's no escaping that this can be time consuming, but, even at a time when public service organisations are under pressure to do more for less, corners should not be cut in this important area.

Some organisations are turning to new technology to share health and safety messages. And there's no doubt that an organisation's intranet can be an effective way to share health and safety information - reducing paper and ensuring maximum accessibility and availability. However, if you are relying on an intranet to educate employees about their health and safety responsibilities, monitoring processes need to be in place to ensure the information is being accessed and understood.

Every organisation should have systems and processes in place to identify, manage and monitor health and safety risks, and these shouldn't be limited to areas of the organisation with perceived high levels of risk. Because the health and safety issues in 'high risk' areas are more obvious they are generally handled quite well, with risk assessments carried out and appropriate processes and monitoring in place. However, problems can arise in 'lower risk' areas, where potential dangers are less obvious.

For example, the risks to someone who visits a construction site three or four times a week are clear. Consequently a risk assessment of their role is likely to have been carried out, appropriate training given and monitoring systems put in place. However, this may not be the case for someone who normally works in an office but who visits construction sites three or four times a year. Because the large majority of their role is 'lower risk' office work, a risk assessment and appropriate health and safety training may not have been carried out.

Where procedures are in place, an audit trail should be established to ensure that such procedures are implemented, are working and are being monitored.

It's therefore vital that organisations carry out written risk assessments in all areas to ensure all potential risks are identified, and these risk assessments must be regularly reviewed.

Where health and safety risks are identified they obviously need to be addressed. A person with recognised accountability may sometimes not have the authority to resolve an issue and must therefore seek or prompt more senior management intervention.

By putting health and safety first, public service organisations will give their employees the best possible protection regardless of the form of the new corporate manslaughter legislation.

For more information please email info@zurichmunicipal.com

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Bristol City Council has a well-earned reputation for its tough stance on claims. How do they achieve their success?

Following an earlier overhaul of its approach to highways issues and the adoption of a robust approach to highways claims, Bristol City Council is now successfully applying its philosophy to all areas of liability.

Dave Mikkelson, Principal Insurance Services Officer at Bristol City Council, believes that strong teamwork is the key to this success. "My team and I take ownership of the claim right from the start," says Dave. "That's not just document disclosure but also getting involved in the overall investigative process. We have a strong relationship with Zurich Municipal's Claims Inspector and we work closely with him. When he goes to interview employees and witnesses, we'll be there. This means that in most cases we can make the decision on whether to fight or pay straight away and where there are risk management issues we can act very quickly. Our involvement also enables us to build a rapport and relationship with the manager of the department involved."

Steve Hayward, Claims Relationship Consultant at Zurich Municipal, also advocates the team approach: "We involve the council in the process and invite their views so we have a really open dialogue before we make our decision on the claim. We'll offer our expert advice and have a two-way discussion. This dialogue continues throughout the claims process."

To ensure compliance with the CPR, the council has arranged for all of its departments to have systems which facilitate the early retrieval of all relevant disclosable documents. This means that as soon as the 90-day investigation period has expired under the CPR, the council are in a position to provide documentation to claimants' solicitors thereby avoiding cost penalties and court orders for disclosure.

In cases where proceedings are issued and the council's solicitors are involved, the Insurance Services team continues to provide a common thread throughout the claims process. "When our in-house or panel solicitors Wansbroughs investigate we'll go with them, too", says Dave. "Again, we have a strong relationship with Legal Services and Wansbroughs who know what we're about in terms of our approach to claims. Our overall message is there's no easy money to be had from Bristol City Council. If we're on firm ground we are confident to proceed to trial where we are represented by experienced and specialist counsel drawn from a select list."

The council are keen to continually improve, so after every trial they conduct a post-case review with Zurich Municipal, Wansbroughs and/or Legal Services to look at what's gone well and what could be done better in the future. But with the number of claims dropping dramatically, Bristol City Council is already reaping the financial rewards of its tough, hardworking approach.

For further information please email info@zurichmunicipal.com

See our previous article on Bristol City Council's robust approach to highways claims. You can find this in the April 2002 issue, in the Archived News & Views section of the 'Newsroom' at www.zurichmunicipal.com

If you want to get tough on defending claims, what does it take to be successful?

Here's some advice from Bristol City Council's solicitors, Wansbroughs.

A collective will to defend: Everyone on the team - the council, their insurer and their solicitor - has to share the same philosophy of defending claims and this has to be applied consistently across all types of claims.

The right systems and expertise: The council must have the systems and expertise in place to prepare, collate store and retrieve documentary evidence. Among other documents, in highway claims this will include inspection reports, policy documents and work orders, and in employer's liability claims, risk assessments, training records and personnel files will be included.

Prompt investigations: It's important to carry out early investigations of claims and start collecting evidence straight away. One of the features of Bristol's success in defending highway claims is their practice of employing a dedicated investigator to undertake an early locus inspection and obtain photographs. This evidence can prove invaluable and forms part of an evidence 'package' which makes the solicitor's role so much easier.

The right witnesses: When a case comes to court it's important to have relevant and well-motivated witnesses to support your case. You may want to consider running training courses for council staff who are likely to be called as witnesses. One of the purposes of this training is to involve and interest the staff and give them a feeling for what it's like to give evidence in court.

An empowered insurance section: Your insurance section can make a huge contribution to your success if they are empowered to do so. As a constant presence throughout the claims process, they can co-ordinate the gathering of documentary evidence, galvanise the collation of witness evidence, raise internal awareness of claims issues and support the efforts of the other team members.

A team approach: Wansbroughs have worked closely as part of a team with Bristol City Council and Zurich Municipal for a number of years. The above practices have been seen to achieve results as evidenced by Bristol's success rate in defending claims in the recent past.

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When planning new premises, it makes good sense to involve your insurer at the design stage. Tony Mills, Risk Management Surveyor, explains why.

With complex issues and potential hazards involved in any new building project, Tony Mills believes it's vital that organisations approach their insurers for advice sooner rather than later. "Recently, we learned that a county council had constructed a new school and subsequently sought a sprinkler system installation," says Tony. "Unfortunately, the plans revealed that the construction included cedar board cladding to the external face of the school. Had we been consulted, we would have advised on a different design involving non-combustible materials."Indeed, according to Tony, consulting with your insurer during design and planning can avoid a host of problems later on. "We already inspect schools every five years and work closely with Public Finance Initiative (PFI) constructors, providing reports on what authorities can do to protect pupils and property," he continues. "This helps ensure that the designs take into account forthcoming work, such as fire protection and security measures, which in turn limits future complications and costs. Furthermore, our input can give school underwriters the confidence to insure schools without restrictions."

Looking longer term, it seems the benefits don't end there: "Schools enjoy a valued presence within communities. They often serve as a focal point while local people use them for meetings, social events and further education during the evenings. Providing a safe, secure environment for communities satisfies an important social need."

While Tony and his team offer expert guidance for school construction projects, their duties also extend to a host of other premises and public service offices: "For example, we are currently supporting a customer in their plans for new offices," he says. "At the moment this involves talking with the Environment Agency and liaising with architects about their plans.

"Throughout, we'll help ensure the design, planning and construction proceeds smoothly and without incident. Public service organisations are like any other business. They must provide and maintain a quality service for their customers. Zurich Municipal is here to help them do just that, while minimising their exposure to major losses."To find out more about how Zurich Municipal can help during the design stages of your new premises, email info@zurichmunicipal.com.

To download Zurich Municipal's brochure entitled 'The design and protection of new school buildings and sites', please visit www.zurichmunicipal.com

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Travis Toemoe of Beachcroft Wansbroughs law firm looks at whether the small but noticeable increase in claims arising from sporting injuries should be of concern to schools, colleges, universities and local education authorities.

Sporting injury claims should not be underestimated, though with the right systems and procedures in place they can be successfully defended.

Following the 1996 decision in Smolden v Whitworth it became apparent that 'what happened on the field stays on the field' was no longer strictly applicable. Smolden established that the law did not stop at the touchline.

In 2003 a referee in Vowles v Evans was held liable after the claimant dislocated his neck in a rugby scrum, resulting in complete tetraplegia. The Court of Appeal decided a referee (for whom the Welsh Rugby Union had previously accepted vicarious liability) did have a duty of care for the players' safety.

Late 2003 saw the successful defence of a referee in Allport v Wilbraham, which also involved an injury in a rugby scrum. The existence of contemporaneous records was crucial to the defence. Subsequently we saw a successful prosecution arising out of a tackle in a football match (R v Barnes). The challenge for the criminal law in Barnes was how to punish acts of unacceptable violence, whilst tolerating injury occurring within the reasonable bounds of the sport. Mere participation in a contact sport is not a licence to commit crime.

The Australian Courts added to this in McCracken v Melbourne Storm, which involved a career-ending tackle in the Australian Rugby League. The judge interpreted the two tacklers' oral evidence together with their guilty plea before the sport's disciplinary body as an acceptance that they had not exercised reasonable care and found the players' club vicariously liable. The message to players and coaches is play hard but play fair and you should avoid ending up in court.

With many children and youths using sports centres and participating in competitions, the case of Blake v Galloway (2004) provides some comfort. Here the Court of Appeal held the defendant child was not liable for an injury to the claimant child's eye arising out of some horseplay. In such cases it was found that "the victims of such accidents will usually not be able to recover damages unless they can show that the injury has been caused by a failure to take care which amounts to recklessness or a very high degree of carelessness, or that it was caused deliberately".

Organisers of sporting events and competitions as well as providers of sporting facilities, schools, colleges, universities and local authorities can potentially find themselves defending claims for injuries suffered in their facilities or during a competition arranged by them. By ensuring that staff are properly trained, that suitable risk management programmes are in place and procedures are promptly implemented to collect evidence following sporting injuries, defendants will find themselves in a far stronger position to defend sporting injury claims.Travis Toemoe is a member of the Sports Liability Group at national law firm Beachcroft Wansbroughs.Cost of school arson still risingfollowing the release of new statistics which show that the cost of fires to schools is still rising, Zurich Municipal's Arson Combated Together (ACT) Fire Service Tool Kit is helping fight this growing problem.School arson affects teachers and pupils, disrupts youngsters' education and drains the resources of education departments across the country. Statistics show that three schools every day suffer from arson attacks, largely caused by pupils or ex-pupils. And it's a problem that's still growing. Related costs incurred as a result of school fires were 13% higher in 2004 than in 2003, have risen by more than 137% over the last ten years, and now stand at £83million.

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Zurich Municipal takes this problem very seriously and has launched a practical educational aid designed to raise awareness of arson among pupils and teachers. The ACT Fire Service Tool Kit has been sent free of charge to Fire Services throughout the UK so that they can work with schools to prepare a programme based on a 'theatre in education' approach. The tool kit is designed to combat deliberate fire setting in schools by changing behaviours. It provides Fire Services with a unique and comprehensive resource to teach children about the danger and risk of arson attacks.

Larry Stokes, Zurich Municipal Underwriting Manager and Chair of the Arson Prevention Bureau's Schools Working Group, commented: "Schools arson is a complex, serious crime with widespread effects. This new tool kit will assist Fire Services and schools in encouraging pupils to think about the many implications of arson. This programme also fits in with many curriculum topics including peer pressure, relationships, consequences and responsibility, how to be 'risk aware' and be good citizens. Fire Services are the ideal partners to implement the programme as they have in-depth knowledge and practical experience of arson in schools."

Following the piloting of the tool kit, Zurich Municipal conducted research that showed students had a heightened awareness of the risks of arson. This led to a significant decrease in property losses from schools in the pilot area compared to a control study.

Vanessa Edwards, a Clinical Psychologist at Kneesworth House Hospital, who specialises in arson-related illnesses remarked: "The tool kit is an excellent resource for schools. The research clearly shows the effectiveness of this initiative, and as we know, prevention is better than cure."

Tom Carroll, President of the Chief Fire Officers Association, said: "The ACT Tool Kit is a well researched resource that Fire Services should be using to help clamp down on arson."

This is a view endorsed by Kate Warren, Arson Task Force Manager for London Fire Brigade, who said: "Raising greater awareness of the consequences of arson, especially among young people, as part of their secondary school education is very important."

To find out more about the ACT Fire Service Tool Kit or to order a copy, please email info@zurichmunicipal.com

The Arson Prevention Bureau has launched a 'Kids Zone' on its website to act as an educational resource for teaching children about the danger and results of fire. You can find their website at www.arsonpreventionbureau.org.uk

A regional breakdown of the rise or fall in school arson over 12 months

	2004	2003
London & South east	13%	12%
Midlands	57%	23%
North	9%	26%
North west	12%	13%
Scotland	4%	20%
Wales & South west	5%	6%

A full communications pack containing a whole range of material to communicate the dangers of arson in a dramatic and educational way. The tool kit has been designed in consultation with fire services, teachers and psychologists. It includes:

• Fire Service guidance notes
• teachers resource pack
• copy of play script with drama procedure
• story cassette
• cassette notes
• CD ROM with leaflet and press release templates
• safe storage packaging.

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With the timescales for reporting information to the Motor Insurance Database becoming shorter. John Knapman, Senior Motor Underwriter from Zurich Municipal, explains how to stay on the right side of the law.

Launched in January 2003, the Motor Insurance Database's original aim was to help European Union citizens claim when involved in accidents outside their countries of residence. However, in the UK, its main benefit soon became clear: helping police catch and convict uninsured motorists. To ensure the information on the database is current, the rules now state that policyholders must provide details of all their vehicles, plus any changes within 14 days.

"The vast majority of our customers have already complied with the initial requirements of the database," begins John Knapman. "However, they now need to ensure they update us of any changes, such as ownership, leasing and hiring vehicles, within 14 days of them occurring."

John appreciates that the larger the organisation the more difficult the task is likely to be. "For smaller outfits, there should be no real problem," he continues. "However for large organisations such as local authorities, keeping track of all the vehicles in their custody can pose a problem. That's why it's in insurance officers' best interests to ensure they're always employing effective fleet management procedures."

The rules demand at least 95% compliance by the end of 2005, with stricter targets looking likely for 2006. For those who fail to meet the new standards, John has some stark words of warning: "As a Government-run database, there's a drive to display a tough stance on non-compliance. As such, we receive regular requests for details of those who have not updated the database. Those organisations who have not complied face prosecution and fines up to £5,000 so it's essential compliance is given a high priority."

Happily, there are a variety of easy ways organisations can keep Zurich Municipal up-to-date with the latest information. "Customers, particularly smaller organisations, can visit
www.zurich-vehicles.co.uk and update their information online. Alternatively, those with larger fleets can upload the information to our database, or purchase software that links directly with our systems."

To find out more about the Motor Insurers Database and how you can comply with the rules, contact your normal Business Team Consultant or call John Knapman on 01252 387985.