Our School requires additional space for summer programme and plan to use the local GAA clubhouse. The GAA club are seeking proof of indemnity. How should we proceed?

State indemnity, as operated by the State Claims Agency, indemnifies Community and Comprehensive Schools, their servants and/or agents in respect of any claims for personal injury and/or third-party property damage, arising from the negligence of a Community and Comprehensive School, their servants and/or agents.

State indemnity extends to all school activities, to include the use of third-party premises, once formally approved by school management. State indemnity is set out in legislation (NTMA Amendment Act), therefore third parties cannot be named. However, State indemnity provides an indemnity to principal (i.e. to third parties such as the GAA club) arising from a Community and Comprehensive School’s negligence, as set out in the Confirmation Statement which acts in in lieu of an insurance policy.

As State indemnity cannot extend to cover the negligent acts of third parties, third parties (GAA club) should have the appropriate insurances in place to cover their negligence. Such insurances would include public liability insurance with a recommended limit of indemnity of €6.5 million.

From a risk management perspective, a formal agreement between your School and the third party clearly outlining the responsibilities of both parties should be in place.   A formal written risk assessment should be carried out to identify control measures that may be required for any activity being undertaken by the School on the premises to ensure the safety of all staff and students of the School and others that may be impacted by the work or activity. The risk assessment should be proportionate to the level of risk involved.

Please refer to SIG-13-04- Use of third party premises and temporary structures by DSAs for further guidance and risk management considerations.

All relevant documentation and records should be retained on file.