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Millions of school children are uninsurable against illness from exposure to asbestos at school. This brings into stark reality the risks to children from asbestos in the nation’s schools. The Department for Education (DfE) has been asked how any future claims will be met from those affected, and a series of parliamentary questions have also been tabled to try to establish the extent of the problem.
Although local authorities are also unable to obtain public liability insurance to cover pupils for asbestos exposure risks, they self insure so that claims can be met. However, in most cases, academies and free schools do not have the resources to do so. Academy Trusts are legally and financially responsible for their academy, consequently they are likely to be liable for any future claims from pupils. In answer to a Parliamentary question by Ian Lavery MP, the Schools Minister implied that in the absence of public liability insurance the governors’ liability insurance will meet any future claims. This is incorrect; governors’ liability insurance is not meant to be a catch-all insurance and will not normally provide cover for other uninsurable risks. (Parliamentary questions at attachment) How many governors in academies are aware that they will be legally and financially liable for any future mesothelioma claims from their pupils? In a subsequent Parliamentary answer it was made clear that the Secretary of State would not be legally responsible for meeting any claim, and neither is he bound by the funding agreement to compensate an academy. The Minister has said, however, that he would look at any claims on a case by case basis and ensure that the Academy remained financially secure and would be able to continue educating its pupils. Some academies have been told that they have full public liability insurance to cover pupils for asbestos exposure risks.However an expert has confirmed that in general the wording in policies fails to give that cover. The DfE acknowledge that more than 75% of schools contain asbestos. 1,805 schools have presently converted to academies and although the status of the school has changed, in most cases the school buildings have not. Therefore many academies contain asbestos. This is therefore a major problem that affects thousands of children and large numbers of unsuspecting governors. Source: Asbestos in Schools newsletter / Michael Lees / Hilda Palmer See also: Parliamentary Safety Group Calls For Urgent Action On Asbestos In Schools Asbestos Excluded From School Buildings Review Risking Health Of Children And Teachers |
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The Government has confirmed that in general academies and free schools cannot obtain insurance cover for pupils for asbestos exposure risks. This means that if a pupil is negligently exposed to asbestos at school and develops mesothelioma there will be no insurance cover for a claim they might make against the school.