Good document-keeping is more important than ever, now liability claims are on the increase.
We know how frustrating it can be for a nursery owner when insurers say they have no choice but to settle a liability claim. This can result from a defective piece of play equipment, inadequate supervision – or the lack of quality documentation such as risk assessments, to name a few.
Indeed, the key to an insurer successfully defending claims is good document-keeping by the nursery staff. This not only protects the business in the event of an allegation or claim arising, but will improve workplace practices. Now, comprehensive document-keeping can seem an onerous exercise, but, in the long run, it can save time, anxiety and expense, when insurers are investigating or defending a personal injury claim.
Personal injury claims
From our experience, personal injuries claims against nurseries are on the increase, and these claims usually result from an accident involving a member of staff or a child who attends the nursery. It is a wide-ranging area, with tripping and slipping cases among the most common claims made against a nursery setting. Other potential claims include manual-handling issues and, less frequently, falls from height.
Personal injury claims also encompass cases involving assault, abuse and neglect. By way of definition:
- abuse is defined as ‘an intentional assault – whether physical or sexual – by a carer on a child’
- neglect is defined as ‘a lack of proper care of a child by a nursery and their staff so as to result in injury’.
Claims investigations
Insurance claims investigations require access to specific documents, which will vary depending on the particular circumstances of the case. For example, in a case involving slipping, it will be important to identify documents in relation to the cleaning and maintenance of the floor in question.
Investigators will want to see for themselves not only that they exist, but also when they were completed and by whom. They will look to see if they were completed satisfactorily and whether the document has been regularly reviewed.
When considering a claim or potential claim, they will always look at contemporary documentation, in other words, documents that were created at the time of the accident or in response to it. These are often the most important documents and will determine whether insurance companies are able to successfully defend a claim. So, please remember to seek guidance from your insurance broker or insurance company before responding to any claim being made against you.
Required documentation
You may be required to provide some of the following documents in the event of an accident:
- a copy of the accident book
- maintenance records
- a personnel file
- training records
- staff lists for the day in question
- Ofsted records
- the child’s records
- care plans
- risk assessments.
It is well worth reviewing these documents periodically to ensure that they are maintained to best suit your setting. This may seem excessive, but it is only when a claim occurs that this diligence becomes appreciated. The more comprehensive the documents are, the greater confidence the insurers will have in defending a claim that is a blameless accident.
Finally, as soon as you become aware of an accident that could result in a claim, make sure you contact your insurance broker or company, who will discuss with you the various stages that will take place.