When a UK campsite hosts a group of Duke of Edinburgh (DofE) students who have supervision overnight by their institution, the legal responsibilities and insurance liabilities still require careful consideration. Here is an outline of these responsibilities and liabilities:
- Duty of Care
- General Duty
The campsite has a general duty of care to ensure the safety and well-being of all guests, including supervised minors. This involves maintaining safe facilities and taking reasonable steps to prevent accidents and injuries.
- Health and Safety at Work etc. Act 1974
Compliance with health and safety regulations is mandatory to minimize risks to all visitors. This includes ensuring that fire exits are accessible, first aid kits are available, and that staff are trained in emergency procedures.
- General Duty
- Safeguarding
- Child Protection
Even with institutional supervision, the campsite must adhere to safeguarding policies. This includes having a safeguarding policy in place and ensuring staff know the procedures to follow if they have concerns about a child’s welfare.
- Child Protection
- Risk Assessment
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Conduct a thorough risk assessment specific to the activities and the presence of supervised minors. Identify potential hazards and outline measures to mitigate these risks.
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- Communication with the Institution
- Information Sharing
Establish clear communication with the supervising institution. Ensure that there are clear understandings of each party’s responsibilities and that emergency contact details are exchanged.
- Information Sharing
- Public Liability Insurance
- Coverage
The campsite must have adequate public liability insurance. This insurance covers claims made by third parties (in this case, the students and supervising staff) for injury or loss resulting from the campsite’s negligence.
- Scope
Ensure the insurance policy explicitly covers activities undertaken by guests and any additional risks posed by hosting supervised minors.
- Coverage
- Employers’ Liability Insurance
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If the campsite employs staff, it must have employers’ liability insurance to cover any claims from employees who might be injured or fall ill due to their work.
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- Additional Insurance Considerations
- Event Insurance
Depending on the nature of the DofE activities, additional event-specific insurance might be necessary to cover unique risks associated with the event.
- Confirmation of Coverage
Review the insurance policy to ensure it covers the specific scenario of hosting supervised minors and discuss any gaps with the insurance provider.
- Event Insurance
- Pre-Arrival Coordination
- Coordinate with the supervising institution before the group arrives. Discuss safety protocols, emergency procedures, and any specific needs or requirements of the group.
- Briefing on Arrival
- Provide a thorough briefing to both the students and their supervisors upon arrival, covering campsite rules, safety procedures, and emergency contact information.
- Designated Responsible Person
- Ensure that there is a designated responsible person from the institution present and reachable at all times. The campsite should also have a designated contact person available for any emergencies or issues.
- Monitoring and Supervision
- Although the institution provides supervision, the campsite should still monitor the group, particularly in common areas and during activities that pose higher risks.
- Emergency Procedures
- Ensure all students and their supervisors are aware of the emergency procedures and have access to a 24-hour contact number for campsite management.
Hosting a group of DofE students with overnight supervision by their institution reduces some risks for the campsite but still requires adherence to legal responsibilities and insurance considerations. By maintaining clear communication, conducting thorough risk assessments, and ensuring appropriate insurance coverage, the campsite can fulfill its duty of care and mitigate potential legal and financial risks.
For more detailed guidance, campsite operators should consult legal advisors and insurance professionals, as well as resources provided by organizations such as the Health and Safety Executive (HSE) and the Duke of Edinburgh’s Award.