FAQ on the insurance guidance
In response to some queries received since the new guidance was issued, here are some points of clarification.
1. Recces are not compulsory. They are seen as good practice and recommended, where possible, but it does not invalidate the insurance if you have not recced your walk.
2. Members are covered while carrying out a recce and mentoring walks (assisting new leaders).
3. Registers are not compulsory but, again, are seen as good practice.
4. “ Have a nominated Leader, and ideally a backmarker who are both members and who ideally together, or separately have recced the walk ”.
The words “ideally” here mean that it is ideal that the walk has been recced by both a leader and a backmarker at some point before the walk, but, again this is not compulsory. We realize it is not always feasible for both to recce and that some backmarkers are appointed on the day. We do however encourage all walks to have a backmarker.
5. “Walks should be publicized in advance”. '
‘Normal' weekly or monthly walks should "Be publicised in advance in at least one of: Walks Finder, a printed programme or the Group/Area website." As described in the insurance policy, this is to allow both members & potential members to know about walks in advance – in accordance with our charitable objectives. If it is publicised via the Ramblers website (Walks Finder), the public can access the information, which is a great way to encourage more people to experience the pleasure of walking. A printed programme may also be produced and many Groups use local libraries, cafés, local press to display their walks.
Walks involving an overnight stay need to be advertised to members & ideally to the public also in the same manner, for example through the Group Programme.
6. Non members are covered and should be encouraged to join the Ramblers after a few (usually 3) taster walks.
7. Sponsored/fundraising walks
The Ramblers is a charity and therefore our resources can only be used to fulfil our charitable objectives. Areas and Groups should not assist other organisations to approach our members for money or recruitment purposes or help other organisations raise money by assisting them to run fundraising events and activities.
Exceptions to this principle should occur only when there is a clear, substantial (and preferably financial) benefit to us at either national or local level. At all times, fundraising, recruitment and volunteer efforts should be directed towards the benefit of the Ramblers.
Individuals may choose to help out at an event but no organisational support (e.g. promotion in walks programmes or group websites, requests for sponsorship or donations, recruitment of volunteer marshalls etc.) should be loaned without clear reciprocal benefit. If a group of Ramblers volunteers goes along to staff an event in an official capacity, it's worth remembering that that would lend credibility to the organisation of a sponsored walk and that therefore some benefit (such as the distribution of recruitment leaflets, acknowledgement on event materials, press coverage, or even a donation to the Ramblers in recognition of the contribution) should be forthcoming.
8. Cover is worldwide except for USA and Canada so Groups are covered for trips overseas. To fulfil the charitable objectives of the Ramblers, activities should take place predominantly in GB. Cover is for civil liability only and does not apply to lost luggage or cancelled trips or personal accident. You should arrange your own cover for this. Please see section 1.3 of the guidance for companies that may be able to provide such cover.
9. The activity is led or organised by a Ramblers member and/or a volunteer registered by Ramblers staff.
“Registered” volunteers may be those involved in a Get Walking, Keep Walking event or someone recruited for the day to help out at an event.
10. If walk leaders do not follow the best practices suggested in the walk leaders check list, and an incident occurs, will the leader's civil liability insurance protection be invalidated and will they be exposed to litigation?
A: The Walk Leaders check list is designed to be an aide memoire to help plan and lead Ramblers led walks. The guiding document that outlines the requirements for a walk to be considered as approved is the annual Insurance Guide for Areas and Groups. Following a consultation that took place in spring 2009, to which 66 Groups responded, a set of requirements was established that must be followed for a walk to be considered a Ramblers walk and therefore covered by the civil liability insurance policy. The requirements for Oct 09-Sept 10 are detailed in full in the current insurance guide. In brief, during 09/10 each walk must have a nominated leader, be publicised in advance and be known about by the Programme Co-ordinator, who ideally is confident in the leader’s ability to lead the described walk. Please note that the guide also includes some examples of best practice, which are not requirements. It is possible that requirements may change from year to year. Any changes will be communicated via the annual insurance guide.
Version 1.2 of the checklist will provide greater clarity regarding the relationship between the checklist and the Insurance Guide, i.e. the relationship between good practice and requirements.
As long as the requirements detailed in the current Insurance Guide are followed,the walk leader’s civil liability insurance protection will not be invalidated if they ignore the best practices suggested in the walk leaders check lists. If they are exposed to litigation, their costs will also be covered though it is much more likely that any civil action would be only against the Ramblers, not the individual walk leader (and bear in mind that in 75 years, we believe that nobody has taken legal action against the Ramblers following a led walks incident).
In the event of a serious incident resulting in death, there is a very small risk that the walks leader, in addition to the Board of Trustees could be prosecuted under the new Corporate Manslaughter Act. This is highly unlikely where the walks leader has acted in good faith - criminal prosecutors are looking for criminal negligence or recklessness. The risk of a prosecution happening, however small, goes up if best practice has not been followed. The insurance would cover the costs but cannot protect anyone from a sentence passed in court.
By issuing best practice guidance and the walks leader checklist, we definitely have not increased the risk of litigation to the led walks leader. This is because we have made it clear that the procedures are optional and the walk leader does not need to follow them if they do not want.
Such serious incidents do occur from time to time. In the last 12 months there have been two such incidents, in Snowdonia and the Lake District . We will shortly be issuing details of these, as case studies, for groups to consider. In the future, our insurers may take a tougher approach with us and insist that best practice is not only issued, but followed – if that happens, we will have no alternative but to follow it. Further, if our insurers do in future settle major claims, our premiums would be likely to rise substantially. However, this is not the situation at the moment.
The work of the Led Walks team is not invalidating the walk leader’s civil liability insurance protection, nor increasing walk leaders’ exposure to litigation. It is protecting our volunteers, by advising on sensible steps to reduce their risk. This is also helping to protect our reputation, and keeping the Ramblers insurance premiums down by presenting a lower risk to the insurers.
It is important to keep these risks in perspective: both walk leaders and walkers are much more likely to face civil or criminal legal action arising out of careless driving on the way to and from the walk.
11. What incidents should be reported?
We do not need to know about minor incidents such as someone being scratched by a bramble or getting a blister or tripping over their own feet and getting up again with no injury.We do, however, want to know about incidents where outside assistance is required or where someone is injured and needs first aid.
Examples could be:
A walker sustains an injury resulting in them being unable to complete the walk
A walker sustains an injury requiring first aid treatment (except applying plasters to minor cuts and scratches) before they can continue
The walk leader is taken ill and the walk has to be ended before reaching the designated finishing point
One or more members of the group are attacked by livestock or their safety is threatened by the behaviour of livestock (including dogs)
Escape of livestock (e.g. through a gate which has been opened to allow the group to pass through)
Damage to third party property
Defective path furniture or obstruction on path which is so dangerous as to present serious risk of injury to the public even though no member of the group has actually been injured (this does not mean every broken stile but would include, for example, a footbridge which looks sound but proves not to be when you put your foot on it).
12. What is a near miss?
Near misses can be a range of things.An example could be where a group becomes badly lost and do not get back until after dark but no-one is injured; where perhaps someone does not feel well or is injured but carries on and slows the party down such that they do not get back until after dark; where someone forgets essential medication like an asthma inhaler or epi-pen and is OK after a rest or turns back (but could have been a more serious outcome); where a party is by or crossing a road and a car swerves to avoid them or a walker is forced into a ditch by a car.The list can be quite long!
13. What is the liability regarding incidents caused by dogs?
In essence, it is actually not very different from the limit of liability for any Ramblers walk with only one distinction. If an incident of whatever type happened on a Ramblers walk, the claimant would sue Ramblers in general and the leader, the committee and all members would be covered by dint of their being Ramblers members and thus under the protection of our civil liability. It is possible, legally, that the Committee / Walk leader could be sued as a result of the actions of a dog present on the walk. The Ramblers policy will provide insurance protection for the committee / walk leader in the event of them being sued for the actions of a dog. It is the individual dog owner who will not receive protection
If that incident involved a dog, say attacking cattle, then the farmer would sue Ramblers in general but the difference in this case would be that the dog owner WOULD be liable as it specifically states in our policy that incidents involving dogs are not covered and that owners must take responsibility for their dogs. The leader and committee would be covered as for any incident but the dog owner would not. It certainly should not lead to people deciding to ban dogs on walks as the liability is unaltered as far as the leader is concerned but it is probably worth reminding leaders to point out to owners at the start of a walk in which dogs are present of the responsibilities of the owners.
14. The incident report form is huge. Which bits do I fill in?
Unless the incident is major, the number of pages requiring filling in is only 3, (section 1 – 7): the additional sheets are in case extra info is needed.
