The Social Action, Responsibility and Heroism Act 2015 is an England and Wales statute about negligence and breach of statutory duty. It tells courts to have regard to certain matters when deciding what steps a person was required to take to meet a standard of care.
The Act is often called the SARAH Act. It was promoted as reassurance for volunteers, employers and people who step in during emergencies. Its practical importance is more limited than the title suggests, because it does not create a general immunity from being sued.
Scope
The Act applies when a court is considering a claim that a person was negligent or breached a relevant statutory duty. The court must decide what steps the person was required to take to meet the standard of care.
Sections 2 to 4 then require the court to have regard to whether the person was:
- Acting for the benefit of society or any of its members.
- Taking a generally responsible approach to protecting the safety or interests of others.
- Acting heroically by intervening in an emergency to assist someone in danger.
Social Action
The social action provision is aimed at conduct done for the benefit of society or members of society. It can be relevant to volunteers, community organisers and people helping with public or charitable activities.
An example might be a volunteer helping to run a community event. If an accident happens, the court can consider that the person was acting for a public or community benefit when assessing the standard of care.
Responsibility
The responsibility provision concerns whether the person demonstrated a generally responsible approach towards protecting the safety or interests of others.
This can matter for employers, organisers, landholders or other people who had to manage risk before something went wrong. It does not make poor safety practice acceptable, but it directs the court to look at the broader conduct rather than one isolated error.
Heroism
The heroism provision concerns intervention in an emergency to assist somebody in danger. The policy aim was to avoid discouraging people from helping others because they feared being sued if the rescue was imperfect.
An example might be a passer-by pulling somebody away from immediate danger. A court can take account of the emergency context and the fact that the person was trying to help under pressure.
What the Act Does Not Do
The Act does not abolish negligence. It does not stop a claim being brought, and it does not guarantee that a rescuer, volunteer or business will win. It adds factors the court must consider when assessing the required standard of care.
That distinction matters. A person can still be liable if their conduct falls below the standard expected in the circumstances, especially where there was time to plan, clear safety rules existed, or the risk was obvious.
Practical Examples
Volunteer at a Local Event
A volunteer helps manage a charity fun run. A participant trips because a route marker was placed badly. The court may consider that the volunteer was acting for community benefit, but it will still ask whether reasonable care was taken.
Employer With Safety Systems
An employer has risk assessments, training and equipment checks, but an accident still happens. The court may consider the employer's generally responsible approach, while still examining whether the particular risk was handled properly.
Emergency Intervention
A person sees someone in immediate danger and pulls them away, causing a minor injury in the process. The court may consider the emergency and the attempt to help when deciding whether the intervention was negligent.
Criticism
The Act has been criticised for being more symbolic than transformative. Existing negligence law already considered context, reasonableness and emergency circumstances. Critics argued that the Act added political language without greatly changing outcomes.
Supporters argued that even a modest statutory signal could reassure people who might otherwise avoid volunteering, helping others or intervening in emergencies.
See Also
References
- Social Action, Responsibility and Heroism Act 2015
- Social Action, Responsibility and Heroism Act 2015: Explanatory Notes
- GOV.UK: Social Action, Responsibility and Heroism Bill fact sheet
- House of Commons Library: Social Action, Responsibility and Heroism Bill progress
- GOV.UK: Courts to recognise good intentions of volunteers and small businesses
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