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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Insurance and Liability Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} is fully insured and legally compliant in protecting the safety, wellbeing, and financial security of the people we support, our employees, contractors, visitors, and the wider public. It provides clear guidelines to ensure our organisation manages all forms of risk responsibly, maintains appropriate insurance coverage, and outlines how liabilities are assessed, mitigated, and addressed.

This policy provides assurance to regulatory authorities, such as the Care Inspectorate and local authorities, that {{org_field_name}} is committed to operating responsibly and in full accordance with the applicable laws and care sector regulations in Scotland.

2. Scope

This policy applies to:

• All employees (permanent, temporary, agency staff)
• Volunteers
• Contractors and subcontracted care providers
• Management, directors, and business owners
• People we support and their families (in relation to incidents or accidents)
• All premises, equipment, and vehicles used for the delivery of care

The policy covers all areas of operational liability, including public liability, employer’s liability, professional indemnity, medical malpractice, cyber liability (where applicable), and business continuity in the event of claims or incidents.

3. Related Policies

This policy is directly linked to the following other organisational policies:

• Risk Assessment and Management Policy
• Health and Safety Policy
• Safeguarding and Protection from Abuse Policy
• Complaints and Feedback Policy
• Data Protection and Confidentiality Policy
• Business Continuity and Emergency Planning Policy

4. Policy Statement

{{org_field_name}} recognises its legal, ethical, and moral duty to protect all individuals who engage with our service and will maintain up-to-date and appropriate levels of insurance as a key part of our organisational governance. We aim to reduce the likelihood of harm or loss and to ensure appropriate compensation or redress is available if adverse events occur.

We are committed to ensuring that:

• All required insurances are valid, appropriate, and renewed annually
• Our liabilities are clearly understood and managed proactively
• Incidents are responded to promptly and investigated thoroughly
• Staff understand their role in protecting the organisation and the people we support from avoidable harm or risk

This aligns with the Health and Social Care Standards, which expect providers to ensure safety, responsibility, and accountability in all aspects of care delivery (Standard 4.14: “My care and support is provided in a planned and safe way, including if there is an emergency or unexpected event”).

5. Types of Insurance Held by {{org_field_name}}

We ensure that the following types of insurance cover are always in place. Our insurance is provided by a regulated and recognised UK insurer, with documentation held securely and reviewed annually.

5.1. Employer’s Liability Insurance

This insurance is a legal requirement under the Employers’ Liability (Compulsory Insurance) Act 1969 and protects the organisation against legal and compensation costs arising from illness or injury suffered by staff during the course of their work.

• Minimum legal cover: £5 million
• Employer’s Liability certificate access: We will ensure a current Employer’s Liability certificate is available to all staff in a way that provides reasonable access (for example, on the organisation’s secure shared drive/intranet and/or by providing a hard copy on request). A copy will also be made available promptly to the Care Inspectorate, commissioning authorities and other auditors on request.

5.2. Public Liability Insurance

This protects {{org_field_name}} against claims made by third parties (including people we support, families, and the public) for injury or property damage caused during service delivery.

• Typical cover: £10 million
• Applies to incidents in people’s homes, the community, or during travel

5.3. Professional Indemnity Insurance

This insurance covers any legal costs or compensation arising from professional negligence, errors, or omissions made by staff during the course of care provision.

• Ensures protection against claims alleging a breach of duty of care
• Includes cover for clinical decisions, care advice, and record-keeping errors

5.4. Medical Malpractice Insurance (where applicable)

Where the service is contracted/authorised to support delegated healthcare tasks (for example, medication support within assessed competence and authorised arrangements), we will ensure insurance arrangements explicitly cover those activities. Any task requiring registration with a regulated healthcare profession will only be undertaken by appropriately registered professionals within the scope of the service’s registration and agreed protocols.

5.5. Vehicle Insurance (Business Use)

All company-owned or staff-driven vehicles used during working hours must be insured for business use. Where mileage reimbursement is offered, confirmation of business insurance must be provided.

• Applies to domiciliary care visits, staff travel, and transporting equipment

5.6. Insurance certificates – records we must keep (Care Inspectorate)

In line with Care Inspectorate adult services guidance, we will keep an up-to-date record of current certificates of Employer’s Liability insurance, Public Liability insurance and Vehicle insurance, and make these available during inspection and on request. Records will show the insurer, policy number, level of indemnity, renewal date, and any relevant exclusions/conditions.

5.7. Cyber Liability and Data Breach Insurance

Where {{org_field_name}} handles or stores sensitive digital data (including personal health records), this policy provides cover in the event of data breaches, ransomware, or accidental disclosure under the UK GDPR and Data Protection Act 2018.

5.8. Business Interruption Insurance

This cover ensures continuity of operations and support for people we serve, in the event of an unexpected disruption such as fire, flood, or regulatory closure.

6. Responsibilities

Registered Manager

The Registered Manager ({{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}) is responsible for ensuring that:

• All insurances are up to date, fit for purpose, and reviewed annually
• Certificates are stored and available for inspection
• All incidents that could give rise to claims are reported and investigated
• Liaison occurs with insurers and legal advisors during the claims process
• Staff are supported through any investigation or legal process

Relevant individual

The Relevant individual ({{org_field_nominated_individual_first_name}} {{org_field_nominated_individual_last_name}}) provides oversight and assurance, ensuring insurance policies are reviewed at board level and meet organisational risk levels.

All Staff

Staff must:

• Take all reasonable steps to prevent incidents or accidents
• Immediately report incidents involving injury, damage, or potential liability
• Follow all procedures related to incident recording and safeguarding
• Cooperate fully with investigations or insurers as required
• Never admit liability, make unauthorised payments, or discuss claims externally

Finance/Administration Team

Responsible for:

• Storing policy documents securely
• Ensuring premium payments and renewals are processed on time
• Working with the Registered Manager to ensure correct documentation is available for audits and inspections

7. Incident Management and Claims Process

If an incident occurs that may lead to a claim:

1. Immediate Safety First: Ensure the scene is safe, and provide any necessary care or medical assistance.
2. Incident Report: Staff must complete an incident report form and inform the Registered Manager without delay.
3. Preserve Evidence: Photos, witness accounts, or any supporting documentation should be collected and stored securely.
4. Notification to Insurer: The Registered Manager will inform the relevant insurance provider as required by the policy terms.
5. Internal Review: An internal investigation will take place to identify root causes and prevent recurrence.
6. Regulatory Notification: We will submit required notifications to the Care Inspectorate using the Digital Portal or eForms within the required timescales, and we will keep records that match what we report. Notifications will refer to people by initials only unless the Care Inspectorate guidance specifies otherwise.

Notifications include (but are not limited to):

• Death of a person using the service (where the death occurs/comes to light while the service is actively being provided) – notify within 24 hours.
• Protection concern / protection referral – notify within 24 hours and provide an update within one month of the incident occurring.
• Serious adverse events occurring while a person is receiving care and support – notify in line with the Care Inspectorate adult services notification guidance.

We will also notify other agencies where required (for example, local authority/HSCP and RIDDOR/HSE where applicable).

7. Support and Learning: Staff and people involved will be offered support, and outcomes will be fed back into quality assurance and training.

Where an incident meets the threshold for the organisational Duty of Candour, we will follow the Duty of Candour procedure in line with the Duty of Candour Procedure (Scotland) Regulations 2018 and current Scottish Government guidance. We will ensure the people affected are informed, offered a meeting, receive an apology, and that learning is recorded and acted upon.

We will also produce and publish an annual Duty of Candour report and notify the Care Inspectorate that it has been published, in line with Care Inspectorate expectations.

8. Training and Awareness

All new staff will receive training during induction on their responsibilities regarding reporting procedures and incident handling. Annual refresher training and updates will be provided through team meetings, online learning modules, and during supervision. Line managers are expected to discuss this policy during relevant incidents or audits.

9. Monitoring and Review

Internal audits will be conducted quarterly to check that:

• Insurance policies are current and meet service requirements
• Staff understand incident reporting procedures
• All incidents are appropriately recorded and followed up
• Claims (if any) are progressing and learning is documented

Feedback and audit findings will be used to update processes and improve risk management culture.

10. Policy Review

This Insurance and Liability Policy will be reviewed annually by the Registered Manager and Relevant individual, or sooner if there are changes in legislation, operational activity, insurance market conditions, or feedback from inspections. Updates will be shared with all staff, and the new version will be accessible via the organisation’s shared drive and staff handbook.

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Responsible Person: {{org_field_registered_manager_first_name}}{{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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