Understanding Serious Incidents Reporting and Investigations in Bikeability Program
The Serious Incidents Reporting and Investigations guide provides crucial information on responsibilities, reporting procedures, and types of incidents such as safeguarding, health and safety, data breaches, and risks to reputation. It emphasizes timely reporting, record-keeping, and continuous learning to prevent reoccurrences. Anyone involved in Bikeability must adhere to legal obligations and report all incidents, even if investigated and not upheld. The guide outlines specific responsibilities of both the Trust and individuals, highlighting the importance of maintaining a culture focused on preventing serious incidents. Proper reporting is essential to ensure the well-being and safety of participants in the Bikeability program.
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Serious Incidents: Reporting & Investigations
Serious Incidents: Reporting & Investigations 1. Reporting Serious Incidents our responsibilities 2. Reporting Serious Incidents your responsibilities 3. What is a Serious Incident 4. Safeguarding 5. Near Misses 6. Health & Safety investigations 7. What do you need to do when a Serious Incident has occurred? 8. What does the Trust do? 9. What does the Charity Commission do? 10. What does Active Travel England do? 11. Learning from Serious Incidents 12. Useful documents and links
Reporting Serious Incidents our responsibilities The Trust is required to report serious incidents as part of: Our registration with the Charity Commission Our grant agreement with the Department for Transport / Active Travel England Failure to report can have serious consequences for the Bikeability programme We know serious incidents will happen given the risk environment Bikeability works in. Our approach to serious incidents is to: Ensure anyone working in Bikeability is complying with legal duties Embed a culture of learning from serious incidents so we can prevent them from happening again Provide support to Bikeability Industry through serious incidents
Reporting Serious Incidents your responsibilities Make sure you: Report any Serious Incidents to The Trust within 72 hours (if in doubt if it needs reporting get it touch and we can help advise you) Keep accurate and dated records of all Serious Incidents reported to The Trust Report number of Serious Incidents in your training provider annual renewal All Serious Incidents must be reported, even those that are investigated and not upheld it is the nature of the incident that can make it a serious incident and all must be reported.
What is a Serious Incident? The main categories of reportable incidents are: Safeguarding incident Health and Safety incident Data breach Risk to reputation Both the safeguarding and health and safety incidents can be put in the bracket of incidents that have resulted in or risk of significant harm. If in doubt get in touch with the Trust as we can offer advice and support.
What is a Serious Incident? Examples may include: A child falls from their bike and hurts their arm A child scrapes their bike pedals against a member of the public's vehicle An instructors DBS check comes back with a safeguarding concern A teaching assistance trips over a curb whilst out with a Bikeability training session An instructor is verbally abused by a member of public when delivering Bikeability A list of children and parents names and addresses has accidentally been emailed out to your email list A car has pulled out of a junction and knocked a child from their bike A training provider has noticed a series of Facebook posts making serious claims against a Bikeability professional/organisation delivering Bikeability which is in the public arena An instructor is bitten by a dog whilst delivering Bikeability
Safeguarding All Safeguarding incidents must be reported to both the Trust and your Grant recipient within 72 hours and your internal process be followed All relevant professionals need to be contacted this may be the local LADO (Local Authority Safeguarding Lead), police, school etc Safeguarding is the action that is taken to promote the welfare of children and protect them from harm. Safeguarding incidents are not the obvious ones we all know about but can be situations such as a child being left unattended during level two training, online/social media incident talking about a child/school naming the child and/or school
Near Misses As a training provider you are responsible for the recording of all Near Misses. A near miss occurrence is any unplanned event that could have caused physical injury or damage to property, but didn't e.g. a member of the public slips on the ground on excess bike chain lubricant applied to each bike by the trainer, but does not fall onto the ground. Near Misses must be recorded, but do not need to be reported to the Bikeability Trust. There are certain near misses that are reportable under RIDDOR, but there are many that are not legally required to be reported to the authorities, but since there is a legal duty to protect the health and safety of any employees and members of the public who may be affected by your work activities you should keep an accurate record. Understanding near misses can help you (and all your associated instructors) learn how to reduce future risks of accidents/incidents. Near Miss logs are looked at during EQA visits
Health & Safety investigations Criminal investigations & Civil Claims No need for actual injury for a regulatory investigation based on risk Internal vs External Investigations Accident Investigations why do them? Duty to Investigate RIDDOR / ACop Root / Underlying causes Incident Response Protocol Initial response (first 24-48 hours) Core investigation team Witness statements, storage of information, internal interviews, photographs / video evidence
Health & Safety Investigations cont Investigation Report & Legal Privilege o Draft/privileged and confidential/addressed to external lawyers o for dominant purpose of briefing lawyers and obtaining legal advice in order to conduct or aid in litigation" o Examine the causes of the incident and then (as a secondary issue) what improvements could be made o Insurers common interest privilege HSE / LA Powers investigation and interview o What can they do? o What should you do? Link between H&S investigation and Serious Incident Reporting (charity requirements)
What do you need to do when a Serious Incident has occurred? Step one : Instructor/school/other informs training provider of the incident Step two : Instructor completes training providers Serious Incident (SI) report form and training provider follows due process, including gaining report forms from other involved parties if deemed necessary Step three : Training provider conducts own investigation as needed and also informs grant recipient and Bikeability Trust within 72 hours of incident (sending through SI report form and any other relevant related documents) Step four : Grant recipient follows internal processes for serious incident reporting and ensures training provider has done the same
What does the Trust do? Model Serious Incident form Serious Incident process guidance Set up media monitoring alerts Support with agreed lines for media etc Support and advise on next steps and processes
What does the Charity Commission do? Bikeability Trust CEO and Trustees determine if the serious incident meets the criteria for referring to Charity Commission on the basis of significant harm to a beneficiary, charity or assets The Charity Commission will: Ensure that trustees comply with their legal duties and that the charity manages the incident responsibly. This means the Commission will be looking for assurance that the charity has taken steps to limit the immediate impact of the incident and, where possible, prevent it from happening again. Sometimes the Commission needs to use its powers to protect a charity. Identify whether other charities might be affected, and can give better advice to all charities to help them protect themselves An incident is less likely to damage a charity s reputation if trustees can show that they handled it well. If the media contact the Commission about an incident and it has been properly reported, the Commission will be able to say that the trustees handled the situation responsibly and this will help protect the charity s reputation.
Reporting to Active Travel England The Bikeability Trust reports serious incidents to ATE on a monthly basis as part of our scrutiny meetings. In the event of a most serious incident where significant harm has occurred ATE will: Be briefed by the Bikeability Trust on full information of the incident; they will be given details of the training provider / grant recipient involved, but details of individual instructors and beneficiaries are not usually disclosed Use crisis communications manual and agree approach to media handling, public enquiries and complaints Brief Minister as appropriate Keep informed of the incident actions and learning to be assured learning has been embedded
Learning from Serious Incidents Key learning/actions; A key action following a serious incident and subsequent investigation is highlighting why/how it happened and if there are any process/policy/actions that can be undertaken to reduce the risk of a similar incident happening again Do processes need reviewing and amending? If so review specific processes and make changes. Is there staff training that needs to be undertaken? By an individual or all staff? If you want support from the Trust following a serious incident then get in touch via our Contactus email and someone will be about to support you
Recap Recognise what is a serious incident Report it quickly Receive support to handle incident Engage in monitoring incident Identify Learning for future Bikeability Trust culture around serious incidents is one of support
Useful Documents and Links Serious incident reporting - For Training Providers | Bikeability Safeguarding - For Training Providers | Bikeability How to report a serious incident in your charity - GOV.UK (www.gov.uk) model-Safeguarding-Policy.v2-March-2023.docx (live.com) model-Safeguarding-Report-Form.v1-1-1.docx (live.com) Serious-Incident-Report-Form-for-website.docx (live.com) Safeguarding children and child protection | NSPCC Learning The role of the LADO (Local Authority Designated Officer) national-lado-network.co.uk Health and safety - For Training Providers | Bikeability DBS Checks - For Training Providers | Bikeability Code of Practice - For Training Providers | Bikeability Near-miss Book: Recording and reporting near misses at work (hse.gov.uk) Reportable incidents - RIDDOR - HSE
Support from the Trust If you want support from the Trust regarding a Serious Complaint or Near Miss then get in touch via our Contactus email
Thank You contactus@bikeabilitytrust.org
