Some questions for the BCA insurance officer please;
Question 1
It appears that the peer-to-peer training statement has been written by yourself but it also appears that the BCA has written it.
“JoshW” said:
The BCA have just posted a statement on their website
“JoshW” said:
I sat on the fence about needing the HSE definition in here and so here is some background that lead me to including it.
1a) Was it solely written by yourself?
1b) In what capacity were you acting? (ie. as Insurance officer?)
1c) Were other members of the Committee involved during its creation?
1d) What is meant by “suitably competent”?
Question 2
Is the statement on peer-to-peer training a requirement that members/member clubs are compelled to follow?
Question 3
The statement reads;
Within recreational caving clubs have a responsibility to check that leaders of novices on their trips are suitably competent, as per the above definition
The definition cites HSE
3a) What responsibility is being referred to?
3b) Is it the BCA’s view (or yours) that caving clubs fall within the umbrella of HSE?
Question 4
You said;
JoshW said:
There is an extremely limited number of cases to base the interpretation of the law on with regards to recreational leadership, however it would not be unreasonable to believe that a a club running trips for novices would have suitably competent people running those trips.
Are you stating that the Insurers will take a view on leadership competence before considering a claim?
Question 5
You said;
JoshW said:
2) if as a club a leader of one of your trips aimed at novices is clearly incompetent, during the course of legal proceedings following an incident, it is inevitable the club would be found somewhat liable for the incident (almost certainly as well as the individual).
Please could you elaborate on how the “club” could be legally liable and, specifically, “who” in the club you are referring to? Additionally, what is meant by “liable”? (ie criminally liable in the event of death?)
Question 6
You said;
JoshW said:
If ‘random caving club’ and their committee say Tony the psychopath is running a trip and Tony characteristically makes bad decisions and injures the whole party, I’d say there is going to be reasonable chance that the committee end up having to demonstrate why they thought it would be okay for him to take people caving
To whom would the committee be required to demonstrate their thoughts? The insurers?
Question 7
You said;
JoshW said:
To put it beyond all doubt. This is not being driven by the insurers wanting competency proof.
What has driven this statement?
Any clarity on the above questions you can provide will be appreciated.
Ian.