The title comes from a recent LinkedIn post from a fellow first aid trainer, and reminded me that there are still many myths circulating about the pitfalls of providing first aid to others.
Are first aiders open to be prosecuted or sued for their actions?
In short, no, as long as some basic elements are satisfied.
In 2015, the UK introduced a ‘Good Samaritan’ law called the Social Action Responsibility and Heroism Act (SARAH Act), aiming to provide additional reassurance and legal protection for individuals who intervene in emergencies to help others. The Act covers more than just first aiders, but its implications for people willing to provide immediate medical help are significant.
What factors have to be in place to be covered by the Act?
Providing first aid – whether to a friend, colleague, relative or complete stranger – holds no culpability as far as first aiders are concerned, as long as the first aider:
- gains consent (if the casualty is able to give it – it is assumed if they are unconscious);
- acts within their level of training (i.e. doesn’t try to do something which they are patently not qualified to do – actions such as CPR or using a defibrillator do not require a qualification); and
- is not acting maliciously.
Why was the Act passed?
To give peace of mind to rescuers and enable them to help without fear of being sued or prosecuted for any unintended consequences of their actions. Understanding the SARAH Act and its impact on the protection of first aiders is crucial in creating a society where emergency responders feel able to assist others without the fear of facing legal repercussions for their efforts.
No individual has ever been successfully sued in the UK for providing first aid, but the fear of it being possible has long concerned individuals and caused hesitation in providing aid – which ultimately could lead to a less favourable health outcome or even death. The key provisions of the SARAH Act seek to address this by:
Encouraging Social Action:
The Act aims to promote the culture of social responsibility and heroism by recognising and protecting individuals who act to help others in need.
Consideration of Circumstances: Courts are directed to consider the circumstances in which an individual took action to assist others, including whether they acted reasonably, responsibly, and with the intention of helping others or preventing harm. Factors such as the urgency of the situation, the availability of resources, and the level of training and expertise of the first aider are all considered.
Reduction of Liability:
The Act provides for a reduction in liability for individuals who act in a way that is considered reasonable and responsible in the context of the situation. First aiders who provide assistance in good faith and within the scope of their training are afforded legal protection, even where the actions may not have been successful or where unintended consequences occur despite reasonable efforts. The Act does underline the importance of first aid training and certification by recognising the value of skilled intervention in emergencies.
In conclusion…
So, the key takeaways from this are:
- Stop and help! You are protected by the SARAH Act for your actions.
- Consider first aid training – the Act recognises and promotes its importance and it will give you more confidence and reassurance to help others.
- Have a basic first aid kit you can use – this may provide importance resources in an emergency.
Winterbury Training are always willing to provide guidance and support on the right level of first aid training for your circumstances, so why not get in touch? Email
info@winterburytraining.co.uk
or call us on 07584 732119.