This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide on how public liability law applies to charities and non‑profits in England and Wales. Explains duties of care, health and safety responsibilities, public liability insurance, risk management, claims processes and practical guidance for trustees and organisations.
Charities and non‑profit organisations play a central role in civil society, delivering services, hosting events, and providing support to communities. In doing so they often interact with the public, volunteers, and third parties. These activities, while valuable, carry legal risks: if someone is injured or suffers property damage in connection with a charity's operations, the charity could face a public liability claim. This article explains how public liability law applies to charities and non‑profits in England and Wales, the responsibilities imposed by civil law and health and safety law, how insurance interacts with liability, and practical steps trustees and managers should consider to manage risk and potential claims.
What Is Public Liability in the Context of Charities?
Public liability refers to civil liability a charity may face when its actions (or omissions) cause injury, illness, or damage to third parties. This includes members of the public, service users, contractors, or others affected by a charity's activities. A claim might arise, for example, if a visitor slips on poorly maintained charity premises, a participant in a fundraising event is hurt, or a volunteer's actions inadvertently cause harm.
Unlike criminal liability, which involves prosecution by the state, public liability deals with compensation claims brought by individuals seeking damages through civil courts or negotiated settlements. The relevant legal framework includes common law negligence, statutory duties such as the Occupiers' Liability Acts 1957 and 1984, and health and safety obligations where applicable.
Charitable Trustees' Duty of Care
Charity trustees occupy a position of responsibility: they are legally liable for ensuring the charity operates safely and lawfully. Under civil law, a charity must take reasonable care to prevent foreseeable harm to third parties as a result of its activities. This duty of care extends to anyone reasonably affected by the charity's operations, including service users and visitors to premises it controls.
For example, if a charity organises a community event, trustees must ensure that risks are identified and mitigated - such as slips, trips, or inadequate crowd control - to protect attendees, volunteers and others.
Health and Safety Legal Duties
Where a charity has employees, or where volunteers carry out activities under conditions that bring them within the scope of health and safety legislation, the Health and Safety at Work etc Act 1974 (HSWA) applies. Under this law, charities must:
- Conduct risk assessments for activities involving significant hazards;
- Provide adequate training and supervision;
- Implement control measures to protect employees, volunteers and others; and
- Report serious incidents where required.
Even where a charity does not employ paid staff, civil law still imposes a duty of care to volunteers and others affected by its activities. This means reasonable steps must be taken to manage risks arising from charity operations.
Occupiers' Liability and Premises
Charities that own or occupy premises (such as community halls, offices, heritage sites or retail outlets) have specific duties under the Occupiers' Liability Acts 1957 and 1984. These duties require occupiers to take reasonable care to ensure lawful visitors are safe, and, in some circumstances, to consider the safety of trespassers where dangers are known and foreseeable. If someone is injured on charity‑controlled premises due to a hazard that the charity should have addressed, a public liability claim may arise.
This legal responsibility exists regardless of whether the charity operates for profit; the focus is on ensuring safety where activities invite public access and participation.
Public Liability Insurance for Charities
Public liability insurance is not a statutory legal requirement for charities as such, but it is widely recommended and often considered essential because of the potential scale of claims. A charity with inadequate protection could be required to meet substantial compensation awards and legal costs out of limited charitable funds, jeopardising its operations.
Public liability insurance typically covers:
- Compensation and legal costs if a third party is injured or suffers property damage due to a charity's negligence;
- Claims arising from events hosted by the charity; and
- Incidents involving volunteers or employees acting on behalf of the charity.
Where charities own or occupy property, many insurers also include occupiers' liability cover as part of a public liability policy. Additionally, trustees should consider whether employers' liability insurance is needed, especially if there are employees; this cover is compulsory by law and typically extended to protect volunteers within public liability policies if they are working under the charity's direction.
Public liability insurance policies vary. Some cover both volunteers and members of the public; others may require separate endorsements or higher levels of cover depending on the charity's activities and risk profile.
Managing Risks and Preventing Claims
Charities can take proactive steps to reduce the likelihood of public liability claims:
1. Risk Assessment and Safe Systems of Work
Assess all activities - from day‑to‑day operations to one‑off events - to identify hazards, evaluate risks, and implement appropriate control measures. Document assessments and review them periodically.
2. Training and Supervision
Ensure volunteers and staff receive adequate training and instruction to carry out tasks safely. Supervision and clear guidance minimise the risk of accidents occurring due to inexperience or misunderstanding.
3. Premises Maintenance
Maintain buildings, gardens, walkways and other spaces open to the public in a safe condition. Promptly remedy defects that could cause slips, trips or falls.
4. Event Planning
For fundraising events and community activities, plan for emergency procedures, first aid provision, crowd management, and participant safety. Step‑by‑step planning records help demonstrate that reasonable care was taken if questions arise later.
5. Insurance Review
Regularly review insurance arrangements with brokers or insurers to ensure that policies adequately cover the charity's current activities, volunteers, employees and third‑party interactions. Professional advice helps in matching cover to real operational risks.
Practical Example
A charity hosts a sponsored walk for community members. During the event, a participant slips on uneven ground and fractures an ankle. The charity may face a public liability claim if it failed to:
- Conduct a risk assessment that identified the uneven surface;
- Provide adequate warnings or suitable route planning; and
- Put measures in place to reduce the risk of such accidents.
Public liability insurance would typically cover the legal costs of defending the claim and any compensation due, subject to policy terms and limits. Trustees should ensure events of this nature are clearly assessed in advance and properly insured.
Time Limits for Claims
Claims for personal injury or property damage generally must be commenced within three years from the date of the accident or from the date the claimant knew they were injured as a result of the incident. This is governed by the Limitation Act 1980. Prompt reporting and early legal advice enhance the prospects of preserving evidence and meeting procedural requirements.
Common Questions
Is public liability insurance compulsory for charities?
No. Public liability insurance is not legally mandatory, but employers' liability insurance is required by law for charities with employees. Many charities also take public liability cover to protect against third‑party claims.
Does charity public liability cover volunteers?
Most policies cover volunteers for accidental injury or third‑party property damage arising from charity activities, but specific wording should be checked to confirm coverage.
Can trustees be personally liable?
Trustees may face personal liability in cases of gross negligence, breach of statutory duties, or failure to obtain appropriate insurance where it was reasonable to do so. Trustees should seek professional advice to ensure compliance and adequate protection.
Key Takeaways
Public liability law applies to charities and non‑profits in England and Wales by imposing duties of care under civil and statutory frameworks, particularly where activities involve the public, volunteers or employees. While public liability insurance is not mandatory, it is an important tool for managing risk and protecting charitable funds. Charities should conduct risk assessments, maintain safe premises, train volunteers and staff, and review insurance arrangements regularly to reduce the risk of claims. Understanding these legal responsibilities helps trustees and managers operate with confidence, protect beneficiaries and volunteers, and ensure organisational resilience.
