Sun Jun 28, 2020 7:59 pm
#1780023
One for the lawyers I suspect.
I have many voluntary roles from sports clubs to Parish Council (dizzy heights!)
All are now facing similar dilemmas about reopening facilities.
In all cases we've got a green light from Government to open from 4th July, generally with a 2 - 3 page briefing note somewhere on gov.uk advising us to do a risk assessment and make pragmatic mitigations.
Some committee members/trustees/Councillors are naturally worried about being prosecuted or sued personally if as a result of reopening someone gets ill, and therefore would prefer to take the cautious approach of leave the facility/service closed, and head off down the golf club/pub.
My understanding is that Councillors generally have statutory immunity (s265 Public Health Act 1875) unless a criminal offence has been committed. So providing they e.g. comply with HSWA (e.g. risk assessment, mitigations, follow government advice), there is no real risk to them, even if someone were to get ill. (Arguably at risk for misconduct in public office for leaving public facilities closed without a reason in the public interest?)
Other voluntary roles (e.g. sports club trustees) seem to have only insurance to fall back upon, and even if following Government and sporting body advice, ultimately individuals could be targeted. I'm guessing this is more likely to be sued for damages than a prosecution, as I'm not sure what offence would have been committed.
Expertise welcomed. (Speculation also observed with passing interest!)
I have many voluntary roles from sports clubs to Parish Council (dizzy heights!)
All are now facing similar dilemmas about reopening facilities.
In all cases we've got a green light from Government to open from 4th July, generally with a 2 - 3 page briefing note somewhere on gov.uk advising us to do a risk assessment and make pragmatic mitigations.
Some committee members/trustees/Councillors are naturally worried about being prosecuted or sued personally if as a result of reopening someone gets ill, and therefore would prefer to take the cautious approach of leave the facility/service closed, and head off down the golf club/pub.
My understanding is that Councillors generally have statutory immunity (s265 Public Health Act 1875) unless a criminal offence has been committed. So providing they e.g. comply with HSWA (e.g. risk assessment, mitigations, follow government advice), there is no real risk to them, even if someone were to get ill. (Arguably at risk for misconduct in public office for leaving public facilities closed without a reason in the public interest?)
Other voluntary roles (e.g. sports club trustees) seem to have only insurance to fall back upon, and even if following Government and sporting body advice, ultimately individuals could be targeted. I'm guessing this is more likely to be sued for damages than a prosecution, as I'm not sure what offence would have been committed.
Expertise welcomed. (Speculation also observed with passing interest!)