What does a School need to do if renting a modular building?

State indemnity, as operated by the SCA, indemnifies the school, its servants and/or agents in respect of any claims for personal injury and/or loss or damage arising from the negligence of the school, its servants and/or agents, including the rental / lease of a modular building e.g. Portakabin, subject to Board of Management approval and risk assessment.

This includes property damage claims where damage to the leased modular building was caused by the school’s negligence e.g. un-supervised students kick a ball into a window breaking it. A third-party property damage claim would include all associated costs/losses such as loss of rental income, replacement cost of the building where the full extent of the damage was due to the negligence of the school etc. The SCA will manage the claim from point of notification to final resolution.

State indemnity does not cover accidental damage /loss/theft or criminal damage to third party property i.e. where the school was not negligent, these are managed locally. However, there are means for the school to apply for funding for repairs under the emergency works scheme and/or make an application to avail of state indemnity to the Department of Education.  The School should contact the Department to confirm arrangements in this case.

The SCA recommends an appropriate agreement be put in place outlining the arrangement with the third-party property owner/contractor and appropriate risk assessments be completed. Please refer to SIG-13 Use of third party premises and temporary structures on the SCA website here for further guidance on such agreements and risk management considerations.  The Guidelines on Managing Safety, Health and Welfare in Post-Primary Schools contains further guidance on risk assessments and risk assessment templates that may also be of assistance.