Advice to Schools regarding the recent flooding in Cumbria and Lancashire

Article

16 December, 2015

The recent flooding in large parts of Cumbria and Lancashire has affected many homes and businesses, including schools and education centres.

If your school has been without electricity as a result of the flood waters, you may be able to make a claim to Electricity North West under a piece of legislation called the Electricity (Standards of Performance) Regulations 2005. Regulation 7 provides that where your property has been without power as a result of 'very large events' of which the recent floods would certainly be classified, customers can make a claim for a sum in recognition of this and potentially further sums depending on the amount of time the property is without electricity. Eligibility to claim is dependent on how long your property was without electricity and whether the response by your supplier was reasonable. It is worth contacting your electricity supplier or Electricity North West in the first instance to ascertain how they are dealing with these potential claims and begin that process. Forbes can assist with any such claims by advising as appropriate.

In relation to damage to school property as a result of the flooding; the first port of call should be your insurer. Whether the insurer will be liable to pay out will depend on the wording of your insurance policy and whether the 'act of god' exclusion is applicable. Dependent on the terms of the insurance policy, flooding will either be an insured risk and covered, in which case any future impact on your premium will have to be considered, or it will be an uninsured risk. If an uninsured risk then consideration will then need to be given whether there is some third party act or omission that may have been causative of (or a contributory to) the damage by the flood such as the Local Authority or landlords.

For further information please contact Tom Smith on 01254 222362

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