Letting a group use our garden?

[Kittykate15]

Hoping someone might be able to give advice. We're hugely lucky and have a big garden. A local group of homeschoolers are desperate for use of some outside space for a couple of hours a week to teach kids to grow veggies and let them build dens etc. Practically we could accommodate cars, let them have an area of space etc without us really noticing. Hubby is worried that we'd be liable if a kid got injured etc. Do we need to cover ourselves legally in any way? I was thinking I'd ask for names and addresses of all attending, which will be same group each week. And ask them to sign a basic waiver type thing that basically says sites not been risk assessed they use it at own risk. Would that be sufficient?

You are not able to exclude liability for negligently caused personal injury. You will need public liability insurance and should require sight of the group’s own insurance / risk assessment/ training. You need to ensure that there are adequate safeguarding policies in place at all times (proper ratios of suitably qualified / crb checked adults). Our local allotments had to say no to this kind of arrangement because they were going to have to hire and train a safeguarding officer to allow it to happen legally plus increase their insurance. It was going to cost the council about £25k / year if I remember correctly.

I'd tell the group leaders that them having appropriate insurance is a condition of using the space and that I'd need to see it

A waiver is worthless if you're deemed negligent.

I'd like to think that as a community gesture you should be OK, but ask your insurance company for advice.

The group shouldn't give you names and addresses of attendees. That would be a breach of GDPR. As AtillatheHun says, you cannot exclude liability for personal injury caused by your negligence. Whilst the group should have insurance, that won't protect you. You need to make sure you are adequately insured to cover this. It may be that your home insurers will be prepared to add this on to your existing policy, but you may need to get specialist insurance.

I'm not convinced you need to worry about safeguarding policies. You don't want to make yourself responsible for their safeguarding issues. Local authorities have specific duties in that regard. You don't. However, it wouldn't do any harm to get them to sign something making it clear that they are responsible for ensuring there are adequate safeguarding policies in place including proper ratios of adults to children and ensuring that DBS checks are obtained where appropriate.

Sorry should've been clearer, we wouldn't be involved at all in the running, or taking any money. They would be using our space only. 'Group' is probably the wrong phrasing too, its a number of parents and their kids that get together regularly. The 'offer' from us if it were to go ahead is space for them to park their cars, and them being able to play in our woods, plant some veggies in a raised bed. The GDPR thing i don't think would apply as they are giving me their own addresses and there's no business element at play. I don't think safeguarding applies either as all parents would be in attendance with their own children at all times. Whilst we're not trying to make any money out of it, we also can't afford to start paying extra out for insurance (or pay for claims against us). So tricky, want to help, but nervous about making ourselves vulnerable.

I think it would be the same situation as if you have a group of friends over and someone get hurt. If it's because yiu were negligent (perhaps something was in a poor state of repair) it's possible you would be liable. Usually your insurance would cover that. As this situation is slightly different, you should check with them.

Yes I guess so. Will contact insurers for advice, just know how risk adverse they are so expecting them to either say no or want me to buy some expensive new policy! There's nothing to 'fall into a bad state of repair' but trees to climb, banks to slide down, the normal nettles, brambles, things they shouldn't eat potentially etc. Wood is better description than garden!

Whether you are actively involved in running the group or not, you are personally liable for injury / death on your land if you daily to properly maintain it/ a branch lands on someone’s head / someone’s ankle finds a hole that should have been covered/ etc etc. occupier’s liability applies even to trespassers.

Not sure l would want this level of intrusion. Where will the boundaries be? I.e they need the toilet, damage your driveway, kids want a drink so knock for "just a glass of water"
... what could it lead too...

As an ex home educator, unless you live somewhere very odd there are so many woods etc to go and play in. Why are they approaching you?! How do you know any y of them?

Thanks, think we've made the decision we won't say yes for the moment. But to answer some questions we've got a composting loo in the garden which has a bit of water for handwashing so they could use that. The space naturally breaks into areas/zones so its relatively easy to say they can only use x bit,although it would rely on parents enforcing that. Weirdly there's very little wooded space anywhere near us, nearest is maybe a 30min drive away, certainly nothing with loos that's publicly accessible and definitely not space that kids could do a bit of veg growing/have an occasional campfire etc. I'd love to be able to help but sounds like only option would be for us to take out public liability insurance for a couple of hundred quid which we can't afford as we wouldn't be earning anything back in.

Campfire.... no way. Fire can quickly spread and get out of control

@iRun2eatCake we have a firepit area, paved base and fire ring so it's all controlled. Plus it's only ever out seasoned wood that's burnt so it doesn't spit.

all the best op,

What happens with insurance if you don't give them permission but overlook any trespassing