In June 2015 in its document titled ‘Regionalising Adoption’, Central Government announced it wanted all Council Social Services teams to work more closely together over adoption measures so as to ease the red tape, pool vital resources and share more closely their experiences. The solution has been the creation of a number of Regional Adoption Agencies (RAA). The aim is to have the 19 RAA’s implemented by 2020. The RAA’s are clusters of Authorities that sit near each other geographically and ideally the number involved is around five.
RMP have been involved in a number of these cross-Council relationships and helped the parties involved to identify an insurance solution to the various risks and liabilities which flow from the collaborations. It must be stressed that each RAA is different and hence so can be the insurance solutions. They do however have common themes and below we set out one of the solutions adopted by the authorities in an RAA.
Each RAA will have a lead or host Authority and they will draw up the host agreement by which the Authorities involved will operate and work together. The host agreement will also reflect the desired and agreed insurance solutions.
Flowing from the above a number of key issues are generated for insurers to consider. In the RAA we have worked with the following solutions were developed, and these were also agreed with other insurers where one member for the RAA was not a client of RMP.
This could lead to a claim for re-location, moving house and so on from the adoptive family. If the partner authority responsible for the leak can easily be identified then the claim will rest with that authority. If the matter is so complicated it cannot be clearly established which partner is responsible for the leak then the claim will be shared equally by all partners, irrespective of liability (non-negligent cover). The host authority and their insurers will handle the claim and involve other partners/insurers as appropriate.
Often the host through the host agreement will be responsible for ensuring that adequate insurance arrangements are in place for the RAA at the time of completing the Agreement. This means that the host only needs to make sure all members to the RAA have insurance – not that it will arrange cover. It is the responsibility of each Authority to ensure they have appropriate insurance cover in place to meets its obligations as part of their statutory duties and under the Agreement
Hopefully all clients and brokers will welcome this communication of how the cover may operate.
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