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National Objectives for Social Work Services in the Criminal Justice System: Standards - Supervised Attendance Orders
ANNEX 3 : HEALTH AND SAFETY/INSURANCE
HEALTH AND SAFETY
Local authorities and their Contract Managers must have a clearly defined and up-to-date Health and Safety policy in operation. Each SAO scheme has a duty to ensure that the relevant Health and Safety policy is in operation and is adequately monitored. This will require maintenance of close operational links between schemes and local authority Health and Safety officers, whose duty it is to ensure that local authorities comply with relevant legislation. Both employees and offenders need to be covered by this policy.
Each scheme must establish an accident reporting procedure which meets current regulations.
Policy regarding smoking shall be considered in the light of Health and Safety regulations, and the policies and wishes of those with whom offenders are placed.
Any offender who refuses to comply with health and safety instructions given by the supervisor will be judged to be failing the perform the work satisfactorily and dismissed from work that day.
Any restrictions imposed by the insurance policies relating to SAO schemes must be taken into account.
- Before an offender is authorised to drive a vehicle whilst on supervised attendance, the Supervising Officer must be satisfied that:
- The offender has a valid driving licence for the class of vehicle involved.
- The local authority's and Contract Manager's insurance permits the offender to drive the vehicle.
INSURANCE
The following minimum standards of insurance provision must be agreed between the local authority and their insurers: Where an SAO scheme is provided, in whole or in part, by an external Contract Manager the local authority must ensure, that the Contract Manager, provides insurance of a standard equivalent to that required of the authority.
All SAO schemes should be covered by the local authority for Public and Employers Liability Insurance policies. This may be accomplished by the extension of existing local authority Public and Employers Liability Insurance policies to cover the SAO schemes.
These policies cover the local authority's/contract manager's legal liability arising out of any injury, loss, illness or damage occasioned by negligence.
The policies must cover against claims arising out of negligence on the part of the offender, placement agency, contract manager or the local authority officer.
The policies must cover the local authority's/contract manager's legal liability arising out of its own negligence and indemnify all third parties against any claim arising out of their negligence. Third parties in this context are the offender, those with whom the offender is placed, officers of the local authority: or contract manager.
The level of insurance cover provided for offenders undertaking Supervised Attendance should be no less than the cover provided to the local authorities' own employees.
Each local authority must intimate formally to SWSG that the insurance arrangements outlined in these Standards have been met in full.
Small Claims
To avoid unnecessary delay in settling small claims and to ensure premiums are kept as low as possible, local authorities should not insure against thirds party claims below £2,000 in value. Any claims below £2,000 should be advised immediately to SWSG by local authorities. The circumstances of the claim should be detailed and SWSG will authorise any payments and refund the local authority in the normal manner. SWSG will require full details of the circumstances giving rise to the incident from which the claim arises.
Where a claim exceeds £2,000 then the whole cost will fall to be dealt with the insurers not just that part in excess of £2,000.
The Secretary of State accepts responsibility for determining the outcome in respect of all uninsured losses exceeding £2,000 in value arising from the period when an offender is engaged in undertaking part of the specified number of hours stated in the SAO. Any resultant offer of compensation will be of an ex-gratia nature. SWSG must be notified in writing immediately circumstances arise which could result in such a loss.
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