Van Benthem & Keulen assists Stichting Zorgeloos met Diabetes naar school
In de nieuwsbrief van Pro Bono Connect van 29 mei 2018 is de volgende tekst opgenomen over het advies dat Van Benthem & Keulen heeft gegeven aan de stichting Zorgeloos met Diabetes naar School.
“Children with diabetes often need assistance with their diabetes, especially during primary school. Some children use an insulin pen, others have an insulin pump. Unfortunately, schools frequently refuse to properly assist their pupils with these medical procedures, due to a fear of liability. They take the position that it is the responsibility of the medical care team and the parents, who should drop by to provide assistance during school hours. For many parents this is problematic, as they need to be present at their jobs. The foundation Zorgeloos met Diabetes naar School encourages schools to help these children themselves. Many schools state that the do have the possibility and capacity to help but are reluctant to do so, due to ambiguity regarding the liability risk. Although the Ministry of Education, Culture and Science (OCW) published a fact sheet on this topic, schools were not convinced and had doubts whether teachers actually would be allowed to provide aid from a legal perspective.
With the help of Pro Bono Connect, Zorgeloos met Diabetes naar School was able to receive free legal assistance from top law firm Van Benthem & Keulen in Utrecht. They examined the fact sheet and wrote an extensive report on the health-related issues and potential liability, including certain conditions under which schools would be able to assist diabetic students.
To some extent there is always a risk of liability, but insurances can be beneficial, as they decrease the risk for schools.
Zorgeloos met Diabetes naar School was very pleased with the support they received from Van Benthem & Keulen. Elsa van de Loo, ambassador of the foundation: “Van Benthem & Keulen immediately understood the issue. Their report will definitely help to clarify the legal implications for school personal.” The report will be used in the battle for more assistance at schools for pupils with diabetes. We are happy to see that the legal advice can be used in such a concrete and important manner!”
Voor meer informatie over de samenwerking met Pro Bono Connect kunt u contact opnemen met Petra klein Gunnewiek en Bastiaan Wallage.