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The National Association of Business Crime Partnerships and Todd and Cue Insurance Ltd are pleased to offer partnerships an insurance package specifically designed to meet the protection and cost requirements of your BCRP. All partnerships that process, distribute or otherwise manage personal or sensitive personal data – data about a living person, must be notified to the Information Commissioner of the purposes for which they wish to process data and must have identified data controllers.

 

They have legal obligations defined in the Data Protection Act and these are set out in “A Data Controller’s Guide” on the Data Protection section of the NABCP website. Data controllers and those employed by them to process data on their behalf (crime managers, co-ordinators), need to be insured against the possibility of claims for wrongful acts carried out by them or their crime manager/co-ordinator or for claims brought by aggrieved persons, whether they have merit or not.

 

The type of insurance cover required by the board of management (directors) and crime managers or co-ordinators is professional indemnity (PI) insurance.

 

Our insurance package also includes public liability (PL), employers’ liability (EL) and office contents insurance. radio masts, laptops and partnership radio insurance can be provided where required.

 

An outline of the cover is shown below and full details of the policy cover are available on request. This insurance package is offered at a very competitive rate as one of our NABCP membership benefits.

 

PROFESSIONAL INDEMNITY: Protection for board/committee members against incorrect advice or information committed in good faith arising out of neglect, error or omission. Limit of indemnity: £500,000, subject to a £250 policy excess.

 

What does professional indemnity insurance cover you for?

 

Any claim and claim costs that arise from the conduct of your professional business. Provided that the claim is first made against you and notified during the period of insurance. And as long as the claim and claim costs relate to a civil liability, including liability for claimant’s costs and expenses, arising out of;

 

 

Judicial Review

 

Applications for judicial review are not covered under this or other insurance policies as the application does not involve any of the allegations of claim in relation to the list above, including a claim for civil liability.

 

An application for judicial review by any person or organisation is essentially an application to the High Court to rule on whether a process which is being carried out by an organisation (private or government) is lawful or not, or is being lawfully applied, and does not involve a claim for 'loss'.

 

There has been one application for judicial review relating to an NABCP member business crime reduction partnership which concerned the operation of the partnership exclusion notice policy. The High Court dismissed the application, finding that the decision to issue an exclusion notice concerns a private civil right i.e. the right to revoke the implied permission of customers to enter and remain in shops. It does not concern the exercise of a public function.

 

It is important that if a partnership receives notice of an application for judicial review they contact NABCP immediately for advice before taking any other action.

 

Other points to note

 

 Where there is a sub-committee (e.g. day or night-time) which operates under the terms of the business crime reduction partnership (BCRP) and where decisions regarding the imposition of exclusion notices, identification of targets and subsequent circulation of personal or sensitive personal data which the sub-committee wishes to implement, are put before the BCRP board of management or nominated board member(s) to ratify the final decision, then the sub-committee is indemnified under the policy in the same manner as the BCRP. In these circumstances, should the BoM wish, the names of members of that sub-committee can be added to the BCRP’s own policy.

 

Where there is a sub-committee (day or night-time) which may be working in conjunction with the BCRP but makes committee decisions regarding exclusion notices or other matters affecting personal or sensitive personal data independently of the BCRP, then the sub-committee making those decisions would be regarded as an separate organisation and would require a policy in their own right to provide PI indemnity cover.

 

Please contact Todd & Cue or NABCP for advice if required.

 

 PUBLIC LIABILITY: Cover for all sums which you become legally liable to pay for compensation for accidental injury to any person other than an employee, accidental damage to property not belonging to you or in your custody or control occurring in connection with the business of the board/committee. Limit of indemnity: £2,000,000 subject to a £100 policy excess.

 

EMPLOYERS LIABILITY: Cover for all sums which you become legally liable to pay for accidental injury to any employee if such injury arises out of their employment by you. Limit of Indemnity: £10,000,000.

 

OFFICE CONTENTS: Office contents including computers (excluding laptops) up to a sum insured of £2,500 subject to a £100 policy excess.

 

 The cost for the whole package is £300.00 for NABCP members and £340.00 for non-NABCP members.  

 

Premiums are inclusive of IPT and a £25 admin charge.

 

Should you wish to discuss this further or to arrange cover then please contact Lynne Chambers -  lynne.chambers@toddcue.com

 

Telephone 0191 482 7642.  Fax 0191 482 6040

 

Todd & Cue is authorised and regulated by the Financial Conduct Authority.

 

To view their NABCP page go to: www.toddcue.com/abcp

 

NABCP is registered as an FCA introducer appointed representative with Todd & Cue and is providing this service on behalf of business crime reduction partnerships.