Indemnity and Liability

Adrenaline can be used by anyone in the community.

The Go to website human medicines regulations advises adrenaline -administered via an adrenaline autoinjector -can be given by anyone in the community if the intention is to save a life. This means school staff can legally treat a child if anaphylaxis is suspected.

In line with the Go to website Scottish Government statutory guidance for supporting pupils with medical needs, the local authority should have appropriate insurance in place that includes liability cover for teachers administering medication to pupils.

As stated by the Go to website Department for Health, willful or serious misconduct is the only exception. It is important that staff members are aware that carelessness and simple mistakes do not amount to serious or willful misconduct.

The Local Authority can also provide schools with appropriate indemnity cover; however the Head Teacher will need to agree any such indemnity cover directly with their education service of their local authority. Proprietors of independent schools should ensure that either the appropriate level of insurance is in place or that the school is a member of the Department for Education’s Risk Protection Arrangement (RPA).

Important information - be aware
Insurance cover requires appropriate training arrangements to be in place as well as personalised allergy action plans and medication.

Staff members should be made aware that appropriate insurance is in place to help reduce fear of the legal consequences of treating a child.

Adrenaline should always be administered and 999 called if anaphylaxis is suspected.

Scottish Government 2017