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Focus on: insurance
Rising to the challenge




 
Mark Ingram discusses the various risk considerations that organisations should undertake, and the challenges for charities in developing strong working relationships with their insurance advisers
 
The general insurance sector increasingly recognises the need to offer specialist policies and advice to charities and other voluntary and community groups. This should be seen as good news for charities as they become more able to demand special treatment in this important area. At the same time, pressure continues to mount across many different areas including higher expectations for good governance, more competition for funding and a greater move to community-based care.

Not only are the numbers of charities growing (a net increase of 28,000 since 2000 according to NCVOs UK Voluntary Sector Almanac) but it is increasingly clear that many unique factors such as their structure and organisation, huge diversity of activities and even the very way they can operate, varies considerably to other commercial organisations.

What is it that has led to these trends for charities? As ever, much of this is driven by government policy as more social care programmes, previously managed by local and national statutory bodies, are being contracted out to the private sector.

In parallel, we see the landscape for third sector organisations changing through the ChangeUp programme and in the formation of the so-called Hubs of excellence such as Finance and Governance.

The drawing together of like-minded organisations and various umbrella groupings has to be the right move. As the sector becomes ever-more polarised between the very large and very small players (for example in England and Wales, while 92% of charities have an income of less than £250,000, nearly 45% of the sector’s income comes from only the top 8% of charities) the need to share best practice and improve coordination is, arguably, greater than ever before.

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So where does the need to work with specialist insurance advisers come in? Although the annual insurance premium is often a significant cost, it is very rarely considered to be money well spent. In point of fact, it should be seen as a necessary part of managing risk and protecting the financial assets for all organisations regardless of size. In other words, insurance provides essential security for the present and the future both to the charity as an entity and to individuals, whether they be clients, volunteers, employees or trustees.

The span of insurable risk is often far wider than most charities may imagine. Beyond the risk of material damage to property and liabilities to employees and members of the public, there is the risk of the additional costs incurred that can result from fortuitous loss or damage. Also are the potential costs arising from imposed loss of licence or unintended damage to reputation. The possibilities are almost endless and the extent of required protection will depend on the size and scope of each individual organisation.

According to the recent Governance Hub survey, 94 per cent of trustees believe they do not have the requisite skills to fulfil their roles. Not only must this be of extreme concern to charities, but also to trustees themselves who should think very carefully about their own unlimited personal liabilities for their actions if they were to lead to financial loss through a failure of duty of care.

This can be any inadvertent breach of trust or authority, neglect, omission, misstatement, misleading statement, libel, slander or other wrongful act.

The new Charities Act should have a big impact regarding this specific area
of protecting the personal assets of trustees. This is because charities will be able to more easily review their trust deeds to allow the purchasing of trustees indemnity insurance.

A simple example occurred recently with a small charity which received capital funding for a new project equivalent to more than 25% of its normal annual income. The project was duly and successfully set up and, after only a few months, problems began to set in. Firstly, the hoped for specialist volunteers needed to keep the project running became very hard to find and retain.

Secondly, the charity’s trust deeds did not clearly allow a broadening into this new area of work. As a consequence, grant making trusts became reluctant to support this new venture. For the trustees, one can understand their concerns about how the initial funding may have been perceived as being inappropriately managed. So much so, in fact, that at least one trustee paid for his own indemnity insurance personally.

The above example also highlights the wide diversity of activities charities may become involved in, as well as the rapidly changing nature of their objectives which can be so affected by the vagaries of funding. The key necessity is for charities to look for insurance companies who have directly relevant experience of their field and who can grasp and understand just what the specific insurance needs are.

Dialogue is therefore essential. Providing full information about what a charity does and what kind of management structures and controls are in place will help to reassure the insurer that your risks are well-managed. Adopting a no surprises approach, rather than making a charity vulnerable to unfair and expensive requirements, may even lead to less imposition and lower premiums.

Mark Ingram is head of insurance operations at Ansvar

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