24 Oct 2022
This guidance is for Friends of the Earth registered local action groups (who've signed the local action group charter) and other community groups who are registered with the United for Warm Homes campaign. Together they're referred to in this document as "groups".
Groups are covered by Friends of the Earth's Public and Products Liability and Employers' Liability insurance policies for a wide range of permitted activities. Please read the information below carefully, as it's crucial that all groups know what activities are covered and any related conditions.
Most importantly, all groups and their members need to understand that they must only carry out the activities permitted by the insurance policies when acting on behalf of the group and/or Friends of the Earth England, Wales and Northern Ireland (EWNI).
Undertaking an activity not covered by Friends of the Earth's insurance when acting on behalf of the group and/or Friends of the Earth EWNI makes the individuals concerned and Friends of the Earth EWNI liable for the full cost of any claim made.
1. What does the Employers' Liability policy cover?
The Employers' Liability policy covers any damage and/or injury to any member of the group or their property while carrying out one of the permitted activities (see question 3 below). The indemnity limit for this policy is £10 million (with an inner limit for terrorism of £5 million).
2. What does the Public and Products Liability policy cover?
The Public and Products Liability policy covers any damage and/or injury to any member of the public or their property while engaging with, or being subject to, any one of the permitted activities specified below in question 3. The indemnity limit for this policy is £5 million (with an inner limit for terrorism of £2 million).
3. What activities are permitted under both policies?
Cover is provided for the following activities. Please note that some of these activities also require prior approval from the insurers before proceeding – if this is the case, please get in touch at [email protected]
Where activities are described as "hazardous" below, they should be understood as "anything you'd have reservations about doing yourself or having a family member take part in". This definition of hazardous also includes any activity in water.
Please see questions 4 and 5 if you wish to carry out an activity that's not listed here.
Any activity with people under the age of 18, vulnerable adults or those identified as having protected identities must adhere to Friends of the Earth's Safeguarding Policy.
Our risk assessment form includes a section to help you manage safeguarding throughout your group activities.
a) Leafleting and petitioning for signatures – this covers any campaigning activity that involves inviting members of the public to take more information about a Friends of the Earth campaign and/or to sign up in support (ie via a petition, postcard or form for further information etc).
b) Public meetings, seminars and small conferences – this covers any events of this nature hosted by the group and open to either members of the public or group members only. If your event is likely to involve more than 100 people, please contact us in advance of the event*, as we need to check with the insurers to see if cover can be extended (and please see question 5 for the situation if cover can't be extended).
c) Practical conservation work – although this is classed as a permitted activity, any work involving hazardous manual labour (see above for the definition of "hazardous") needs to be checked with the insurers in advance to make sure it's covered. Please contact us as soon as possible ahead of the event* if this is the case. If the activity isn't hazardous (eg most tree-planting activities) and will involve fewer than 100 people, you'll be covered provided you complete a risk assessment to keep for your own records (see question 14 for help with risk assessments).
d) Recycling projects excluding waste – waste is defined here as relating to any "trade waste" or "hazardous waste", so any activity involving either isn't covered. Any work within this activity involving hazardous manual labour (see above for the definition of "hazardous") needs to be checked with the insurers in advance to make sure it's covered, so please contact us as soon as possible ahead of the event* if you're planning any recycling projects. If the activity isn't hazardous and will involve fewer than 100 people, you'll be covered provided you complete a risk assessment to keep for your own records (see question 14 for help with risk assessments).
e) Shredding and composting – any work within this activity involving hazardous manual labour (see above for the definition of "hazardous") needs to be checked with the insurers in advance to make sure it's covered, so please contact us as soon as possible ahead of the event* if you're planning any shredding or composting projects. If the activity isn't hazardous and will involve fewer than 100 people, you'll be covered provided you complete a risk assessment to keep for your own records (see question 14 for help with risk assessments).
f) Sponsored events – this covers sponsored walks, runs and other standard sponsored events. If your event involves either any celebrities taking part or any extreme/hazardous activities (see above for the definition of "hazardous"), you must contact us in advance of the event* as we'd need to check with the insurers to see if your event is covered (and please see question 5 for the situation if cover isn't available).
g) Demonstrations – this covers participating in or organising "a group activity, whether a meeting, assembly, protest, rally, march or vigil, the purpose of which is to express specific views or grievances". Most importantly, the demonstration must be lawful and non-violent. Any activity deemed to be either unlawful or outside of the policies and procedures of Friends of the Earth EWNI wouldn't be covered by the Friends of the Earth insurance policies (meaning that most likely the individuals concerned would be personally liable).
h) Youth education work – this covers the involvement of young people in your group's activities (provided that these are only the activities permitted by the insurance policies – ie those detailed here in question 3). Anyone under the age of 18 should have consent from and be accompanied by a parent or guardian to get involved in a group. Please ensure you comply with Friends of the Earth’s Safeguarding Policy.
i) Door-to-door collections – this covers going from house to house fundraising, delivering leaflets, and/or asking people to sign postcards/petitions or to support your group. We also strongly recommend that you carry proof of ID and proof that you're from a group affiliated to Friends of the Earth (eg your signed local action group charter if you’re a Friends of the Earth local action group).
j) Local street collections – this covers street fundraising, delivering leaflets, and/or asking people to sign postcards/petitions or to support your group. You must ensure that you get a licence to do this from your local council in advance. We also strongly recommend that you carry proof of ID and proof that you're from a group affiliated to Friends of the Earth.
k) Homemade food and drink – this covers anything sold or given away, whether to a member of the public or to other group members, and whether via a stall, event or group social.
l) Stalls at events – this covers campaign stalls that are handing out information, getting people to sign postcards/petitions and/or inviting people to take part in activities (eg games, quizzes etc). It also includes merchandise stalls selling or giving away items such as books, leaflets, re-usable bags, homemade goods, Fairtrade produce, hot or cold drinks, plants, energy-saving lightbulbs, stationery, cards, stickers/badges, t-shirts, hats/caps and rain jackets. Stalls under this definition can be held at organised events such as markets and local festivals, or with permission from the relevant council/landholder.
m) Farmers markets – this covers organising a farmers market, as well as participating in one. It also covers events that are open to the public, as well as events arranged just for the benefit of the group’s members.
n) Benefit concerts other than "large arena/stadium-type events" – this covers any concert or gig of a small scale. If your concert or gig is held in a venue with a live music licence, you're likely to also be covered by that venue's insurance policy. If the event is likely to involve more than 500 people, please contact us as soon as possible ahead of the event* to check if it's covered.
o) Debates and film evenings – this covers putting on a debate and/or film evening, as well as participating in one. It also covers events that are open to the public, as well as events arranged just for the benefit of the group’s members. If the event is likely to involve more than 500 people, please contact us as soon as possible ahead of the event* to check if it's covered.
p) Social evenings – this covers hosting an evening, as well as participating in one. It also covers events that are open to the public, as well as events arranged just for the benefit of the group’s members.
q) Jumble sales – this covers putting on a jumble sale, as well as participating in one. It also covers events that are open to the public, as well as events arranged just for the benefit of the group’s members.
r) Dances and discos – this covers putting on a dance or disco, as well as participating in one. It also covers events that are open to the public, as well as events arranged just for the benefit of the group’s members. If the event is likely to involve more than 500 people, please contact us as soon as possible ahead of the event* to check if it's covered.
s) Repair cafés – this covers putting on a repair café, as well as participating in one. It covers the repair activities carried out by suitably qualified or experienced people, such as mechanics. In instances where repairs aren't able to be done, individuals should be referred to appropriate repairers. If your event includes participation from the general public, or the use of tools or machinery, please contact us as soon as possible ahead of the event* to check if it's covered.
t) Beyond the activities above which are explicitly included in the policy, any non-hazardous activity that involves fewer than 100 people will be covered without the need to extend the coverage, provided the group completes a risk assessment and keeps it for its own records (see question 14 for help with risk assessments). Activity of this sort includes tree planting and litter picking by roadsides or riverbeds. If your activity isn't explicitly covered above and you're unsure whether it's hazardous or not, please get in touch with us at [email protected]
*Where it says to contact us to check whether you're covered for this activity, please provide as much information as possible to [email protected], including the address of the event, the nearest hospital, the number of attendees, the programme for the event and a risk assessment. Please contact us early on as we need to send this information to our insurer to confirm coverage of your event. While COVID-19 guidelines have changed, please refer to this guide for questions, and remember to include COVID-19 as a risk in your risk assessment.
4. What's definitely not covered?
The following activities listed below aren't covered by either policy – nor can cover be extended to include them (apart from possibly item G). This list also acts as a limit to the permitted activities detailed above in question 3 – eg if you carry out a permitted activity but do so in a way that's unlawful, you won't be covered.
Therefore, you mustn't proceed with any of the activities listed below as to do so would make both your group and Friends of the Earth EWNI liable to cover any claim resulting from the activity (ie the full cost of the claim, plus any legal fees, would fall on us rather than our insurers, which could have serious implications for you, your group and/or Friends of the Earth EWNI).
a) Anything unlawful – this applies to both the group as a whole and individuals when acting on behalf of a group affiliated to Friends of the Earth (any individuals carrying out the unlawful activity would also be personally liable).
b) Libel and slander – these are terms for defamation. "Libel" refers to written, published or otherwise broadcast words or pictures, and "slander" refers to oral statements.
c) Hazardous activities and events – this includes:
- Events making use of mechanically-driven rides, playground and inflatable equipment, fire and pyrotechnics, weapons, roller skates and other similar sports.
- Events in or on water, underground, or more than 5 metres above ground.
- Any aerial or equestrian activity, gymnastics, extreme sport, contact sport, and winter sport, or other activities that are known to carry a significantly increased risk of bodily injury.
d) Giving advice on anything other than Friends of the Earth's campaigns or work – this falls under professional indemnity insurance, which Friends of the Earth doesn't have. This is different to giving information (which is permitted), because advice is defined as "an opinion or recommendation offered as a guide to action or conduct".
e) Loss of money – it's the responsibility of each group to make sure its finances are kept in order so that financial loss of any kind doesn’t occur.
f) Anything to do with a vehicle – you must instead ensure that the vehicle and its use is covered by the policy of the owner or hire company.
g) Cycle rides – these aren't covered. If you’re planning a cycle ride, please contact us at least a month in advance to ensure we can arrange insurance coverage for your event. We’ll need a risk assessment and as much information as possible on your planned cycle ride. We can’t guarantee cover can be arranged – that’s why it’s so important to allow us at least a month to consult with our insurer.
Events involving more than 500 people. If your event falls into this category, please contact us as we'll investigate whether cover can be extended for it as a one-off (and please see question 5 for what to do if we’re unable to extend cover for your event).
5. What should we do if we want to carry out an activity that's not listed in question 3 as a "permitted activity" or in question 4 as a "not covered activity"?
Please contact [email protected] immediately with as much information as you can provide and a risk assessment for the planned activity, as we may be able to get the policy extended to cover the activity in question (either permanently or as a one-off). This may be at extra cost, which, if appropriate, may be passed onto your group to pay for. It’s also possible that we may not be able to get the policy extended – in this case you mustn't proceed with the activity, as to do so would make both your group and Friends of the Earth EWNI liable to cover any claim resulting from the activity (ie the full cost of the claim, plus any legal fees, would fall on us rather than our insurers).
Even though these insurance policies are extremely comprehensive, we acknowledge that the nature of campaigning changes rapidly and that new ideas and techniques are being thought up all the time. Therefore, if you're aware of any potential group activity that's not included within the list of permitted activities, please tell us.
6. Are we covered for events we organise with other organisations?
Both insurance policies only cover licenced Friends of the Earth local action groups and other community groups who are registered with the United for Warm Homes, and won't extend to covering the involvement of other groups or organisations if an event is being jointly organised.
Therefore, if you're organising an event in collaboration with other groups or organisations, you should ensure that they have their own insurance policies in place.
7. Are we covered for hiring halls?
The Public and Products Liability policy covers any damage caused to premises as a result of your negligence while you/your group are in the building (up to a limit of £5 million). It doesn't cover any damage to premises that occurred during your occupation that wasn't directly caused by your negligence.
For instance, if you used faulty electrical equipment of your own and this caused a fire, Friends of the Earth's policy would cover the damage resulting from this negligence. However, if the ceiling suddenly fell in due to previous water damage and this event wasn't the direct result of your occupancy or negligence, Friends of the Earth's policy wouldn't apply. Instead, the building insurance for the premises held by the owner/occupant would cover it. For this reason, it's good practice to ask to see documentation regarding building insurance cover for any premises that you hire.
8. What about property or contents belonging to the group – like computers or equipment?
The Commercial and Industrial Combined Insurance Policy and Engineering Policy, held nationally on behalf of Friends of the Earth, covers property belonging to Friends of the Earth and computers or other contents or equipment purchased with either national or group funds and identified as belonging to the group. Personal property or contents aren't covered, even if the building or item is being used on behalf of Friends of the Earth. Instead, check the relevant house or contents insurance policies of the individual who owns the property/item.
Please note that instances where your group requires an insurance policy to store belongings long term or is lending its belongings to an un-affiliated group aren't covered. We recommend that you take out an insurance policy for your belongings.
9. Are staff employed by Friends of the Earth local action groups covered?
Yes, staff members employed by any registered Friends of the Earth local action group are covered by the Employers' Liability policy. We do ask however that you notify us when you get a new or additional member of staff, or if you stop employing any staff members, as the insurers need to be notified of any changes in staffing numbers.
10. Are group volunteers covered?
If someone is volunteering with your group (eg on a stall, at a demo, in an office etc) but isn't an official group member, they're still covered by the Employers' Liability insurance policy. All other group members are covered by the Employers' Liability policy, with members of the public covered by the Public and Products Liability policy.
11. If a claim is made against us, who's liable?
If the accident or damage has happened as a result of your group carrying out a permitted activity, then it'll be covered by Friends of the Earth's insurance policy. For the claim to be successful, the claimant will need to prove negligence on your group’s/Friends of the Earth's behalf – however, they only need to prove 1% negligence for the claim to potentially be successful. Our aim is to try to ensure that accidents and damage are avoided in the first place as far as is reasonably possible. For example, if your group is hosting a repair café or a public-facing event with lots of cables and wires, and a member of the public trips over a cable that wasn't properly stuck down by one of your group members, the claim could be successful.
If the accident or damage has happened as a result of your group carrying out an activity not covered by Friends of the Earth's insurance policy, then either the individuals concerned or Friends of the Earth EWNI (or both) will be liable for the full cost of the claim (plus any legal fees). This is why it's so important that groups understand what activities are permitted, and always check with us if an activity doesn’t seem to be covered before undertaking it.
12. If a claim is made against us, what should we do?
Tell us immediately – contact [email protected]. It’s very important that you don't get involved in any correspondence with the claimant or their lawyers. Friends of the Earth's insurers and lawyers will deal with them directly.
13. What can we do to mitigate the risk of an accident or damage happening?
We'd advise you to use your common sense and be as proactive as possible to ensure that your group isn't being negligent. Most accidents and damage could've been prevented with a bit of foresight, so take some time before carrying out the activity to think about potential risks.
The primary aim is to reduce the chance of an accident happening as far as is "reasonably practicable". Carrying out a more formal risk assessment will help you to think through what might cause harm to people or property as a result of your activity, and to weigh up what reasonable precautions you might need to take to prevent this harm from happening.
Therefore, we'd advise that your group follows good practice by getting into the habit of doing risk assessments proactively, especially for new or more unusual situations, for activities or events involving young or vulnerable people, and particularly before any potentially hazardous activities (eg larger events, practical conservation tasks, recycling projects, the use of electrical equipment etc).
More and more groups are also being asked to provide risk assessments for their activities by other organisations (eg before being able to book a campaign stall or venue for an event). We advise you to carry these out when requested. For more information on how to write a risk assessment, see question 14 below.
14. Can you help with writing risk assessments?
The Health and Safety Executive (HSE) website has helpful guidance on how to write a risk assessment. It’ll take you through the steps you need to follow to identify the potential hazards and associated risks – and then work out what you can reasonably do to reduce the risk of harm occurring.
A hazard is anything that might cause harm – eg chemicals, an electrical appliance, a tent peg that someone might trip over etc. A risk is the chance, high or low, that someone could be harmed by the hazard, together with an indication of how serious the harm could be. Therefore, to carry out a risk assessment, you should follow the HSE’s recommended established procedure called "5 steps to risk assessment":
- Identify hazards.
- Decide who might be harmed and how.
- Assess the risks and take the appropriate action to remove or reduce them.
- Record the findings.
- Check the risks periodically and take further steps if necessary.
For more information on risk assessments, especially for specialist advice on carrying out risk assessments for more complex or potentially hazardous activities, please contact the HSE directly.
15. When's the renewal date?
The policy is renewed annually on 20 November.
