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Registration Number: {{org_field_registration_no}}

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Professional Indemnity and Liability Insurance Policy

{{org_field_name}}

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} fully complies with legal, regulatory, and contractual obligations concerning professional indemnity and liability insurance. This policy outlines the procedures for securing, maintaining, and managing insurance arrangements for all services provided by the agency and its temporary workers. It ensures that all staff, clients, and external bodies are confident that suitable insurance is in place to protect against claims arising from negligence, errors, omissions, or breaches of professional duty while delivering healthcare services. This policy is in line with The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, the Care Quality Commission (Registration) Regulations 2009, the Employers’ Liability (Compulsory Insurance) Act 1969, the Employers’ Liability (Compulsory Insurance) Regulations 1998, the Provision and Use of Work Equipment Regulations 1998, and The Health and Safety at Work etc. Act 1974.

2. Scope

This policy applies to:

• All registered nurses, healthcare assistants (HCAs), senior carers, and temporary workers employed or engaged by {{org_field_name}} under zero-hours or flexible contracts
• The Director and all administrative staff employed by {{org_field_name}}
• All services provided by the agency in care homes, nursing homes, community placements, and other client organisations
• All temporary staff regardless of whether they are working under agency, umbrella, or self-employed arrangements when booked through {{org_field_name}}

3. Related Policies

• Recruitment Policy
• Staff Disqualification Policy
• Safeguarding Adults and Children Policy
• Incident and Accident Reporting Policy
• Complaints Policy
• Code of Conduct
• Supervision and Appraisal Policy
• Health and Safety Policy

4. Policy Statement

{{org_field_name}} is committed to maintaining sufficient and appropriate professional indemnity, public liability, and employers’ liability insurance at all times. This insurance protects both the agency and its temporary workers against legal liability arising from claims of negligence, professional misconduct, or incidents resulting in injury, loss, or harm to service users, staff, or third parties. The Director will be responsible for managing all aspects of the insurance programme to ensure ongoing compliance, adequacy of cover, and effective communication with staff and stakeholders regarding insurance arrangements.

5. Types of Insurance Held

{{org_field_name}} will maintain the following types of insurance:

1. Professional Indemnity Insurance (PII): Covers claims resulting from professional negligence, errors, or omissions made by temporary workers during the course of their duties.
2. Public Liability Insurance: Covers claims from third parties (including service users and visitors) for injury, property damage, or loss arising from the actions of staff or agency business.
3. Employers’ Liability Insurance: Covers the agency against claims from employees for injury, illness, or loss sustained in connection with their work.
4. Medical Malpractice Insurance: Provides additional protection specific to clinical and personal care services delivered by temporary workers.

6. Responsibilities

Director The Director will:

• Obtain and maintain adequate insurance policies through authorised and reputable insurers
• Review insurance levels annually or sooner if business needs or risks change
• Ensure that policy limits meet or exceed industry standards and statutory requirements
• Retain certificates of insurance and make them available to clients, staff, and regulators upon request
• Inform staff of the insurance arrangements during induction and through periodic updates
• Liaise with insurers regarding claims, renewals, or policy changes

All Staff All staff must:

• Deliver services in accordance with the agency’s policies, procedures, and professional standards
• Report all incidents, near misses, or complaints that may give rise to an insurance claim immediately to the Director
• Co-operate fully with any claim investigation or legal process relating to insurance
• Understand the limits of cover and not act outside their scope of competence or professional registration

7. Verification and Communication of Insurance

The Director will:

• Display a valid Employers’ Liability Insurance Certificate on the agency’s premises and website
• Make details of insurance coverage available to staff, clients, and regulators as appropriate
• Include confirmation of professional indemnity and liability insurance in all contractual documentation provided to clients
• Notify clients promptly of any significant changes to insurance arrangements

8. Limits of Insurance Cover

The Director will ensure that:

• Insurance limits meet the minimum requirements set by the CQC, contractual obligations, and industry best practice
• Each type of insurance covers an appropriate sum per claim and in aggregate annually
• Excess levels and exclusions are clearly documented and understood by management
• Insurance arrangements include cover for agency activities in all locations in which staff are deployed

9. Claims Management

In the event of a claim, incident, or complaint that may result in a claim:

• The Director will notify the insurer immediately
• The staff involved will submit a written factual account of the incident
• All communications relating to the potential claim will be treated as confidential and shared only on a need-to-know basis
• The Director will co-ordinate all communications with legal advisors, insurers, and other relevant bodies
• Records relating to claims will be securely retained in accordance with the Record Retention Policy

10. Temporary Worker Personal Responsibilities

Temporary workers remain personally responsible for:

• Maintaining registration with relevant professional bodies (e.g., NMC) which may carry additional professional indemnity requirements
• Adhering to the Code of Conduct and best practice guidelines
• Informing the agency of any change in circumstances that may affect their suitability to practise (e.g., disciplinary action, investigations, health concerns)
• Notifying the agency if they are required to hold individual indemnity insurance due to specific placements or contractual arrangements

11. Audit and Monitoring

The Director will:

• Audit insurance arrangements annually to ensure adequacy, compliance, and value for money
• Review claims and incidents quarterly to identify patterns and take corrective action where appropriate
• Update procedures and insurance arrangements in response to organisational changes, legislative updates, or identified risks
• Ensure that any recommendations from insurers or regulators are acted upon without delay

12. Training

All staff will:

• Be informed of the agency’s insurance arrangements during induction
• Receive updates on insurance arrangements through supervision, training, or briefings where relevant
• Be supported to understand their role in incident reporting, claims management, and professional responsibility relating to indemnity

13. Director’s Oversight

The Director will:

• Take full responsibility for the effective management of professional indemnity and liability insurance
• Ensure that insurance arrangements are sufficient to protect service users, staff, and the organisation
• Provide regular updates to stakeholders, including clients and regulators, regarding the adequacy and effectiveness of insurance arrangements
• Ensure that this policy is implemented consistently and reviewed annually

14. Policy Review

This policy will be reviewed annually by the Director or earlier if required by changes in legislation, insurance market conditions, significant claims experience, or organisational needs.

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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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