IN THE COMMUNITY
It is highly unlikely that you would be successfully sued for rendering first aid to anyone in the UK, provided you act in good faith and within the bounds of your training and competence.
There has never been a reported successful case of a first aider being sued in the UK for actions taken during an emergency.
The legal framework, particularly the Social Action, Responsibility and Heroism Act 2015, known as the SARAH Act 2015 offers legal protection and reassurance to individuals who provide reasonable assistance in an emergency in England and Wales. The SARAH Act 2015 directs courts to consider whether a person was acting heroically, responsibly, or for the benefit of society when an incident occurred, making legal action less likely if the actions were well-intentioned and reasonable in an emergency context.
To read the SARAH Act 2015 in full, you can find it on the UK Legislation website https://www.legislation.gov.uk/ukpga/2015/3/contents.
IN THE WORKPLACE
There is a legal duty on Employers through the Health and Safety (First Aid) Regulations 1981 to provide adequate and appropriate First Aid equipment, facilities, and materials to ensure employees receive immediate attention if injured or taken ill at work.
First Aiders must have attended an approved workplace first aid course and their training must be current. Approved courses in the UK are the one-day Emergency First Aid at Work (EFAW) and the 3-day First Aid at Work (FAW). These courses must meet the requirements as set down by the Health and Safety Executive (HSE) and the qualifications are valid for 3 years, and then a first aider must requalify.
If you are a nominated first aider at work, you have a specific duty of care to your colleagues, and your employer’s liability insurance will cover you for the actions you take as a workplace First Aider whilst undertaking that role.
To Minimise Any Potential Liability as a First Aider at Work or in the Community:
- Act within your training: Only perform first aid techniques you have been trained in.
- Call for professional help: Always call emergency services (999 or 112) when necessary.
- Act in good faith: Ensure your primary intention is to help the person.
In summary, the law is designed to encourage people to help in emergencies, and as long as you act within your first aid training and your intentions are in good faith whenever you render first aid, it is extremely unlikely that you would ever face any legal action.
Gary Hepburn
Sirius Business Services Ltd
