Professional Liability Insurance Steve Johnson Oxygen 2013 About

Professional Liability Insurance Steve Johnson © Oxygen 2013

About me • More than 27 years insuring psychological therapists and supporting them through claims and complaints. Including: • Director – SMG Professional Risks (1995 – 2002) • Managing Director – Towergate Professional Risks (2002 - 2006) • Director – Howden Professionals (2006 – 2009) • 2010 Formed Oxygen Professional Risks

About Oxygen • Originally part of Oxygen Insurance Holdings now, after a management buy-out, part of the Beaumonts Group • Fair and reasonable pricing • No admin fees or hidden charges • Dedicated personal service

We all make mistakes • Most aren’t even noticed • Some might make your client unhappy – not good for your reputation – possibility of formal complaint • A client who thinks they have suffered harm or damage may look to sue you whether you think you have made a mistake or not • This is why you should buy a specialist Professional Liability Insurance

Hazard Perception Be aware of the potential risks and know how to avoid them. . .

The Highway Code? direct. gov. uk/en/Travel. And. Transport/Highwaycode

Just before you passed your driving test! - Right?

bacp’s Ethical Framework © bacp 2010 bacp. co. uk/ethical_framework/

Highway Code/Ethical Principles • Read and understand it. • Protection for the public/client - safe model for your driving/psychotherapy practice. • Refer to it regularly - use as a ‘sense check’ if in doubt about any action • …and not just before your driving test!

Highway Code/Ethical Framework • Read and understand it. • Protection for the public/client - safe model for your driving/psychotherapy practice. • Refer to it regularly - use as a ‘sense check’ if in doubt about any action • …and not just before your driving test!

Hazard Perception • The physical environment • The interface between the two • The therapeutic intervention

The Physical Environment Fire exits Maintenance Disability Access? Clean & Tidy Safe & Secure Stairs & steps

The Therapeutic Intervention Proper endings Transference Assessment Contracting Boundaries Confidentiality Working within Competence Client expectations

The Interface Notes & Records Comfort Self disclosure (objects) Privacy Temperature settings Lighting

People I have helped recently • A counsellor with an angry client (one half of a couple who suspected collusion between the counsellor and the other half) • A therapist with her response to a formal complaint about charging for a missed session • A psychologist with a threatening demand from the police for the release of client records in the absence of consent or a court order • A psychologist facing pressure for information and or notes and records from a third party solicitor • A counsellor needing help with the format and structure of a report for the court at the request of the client’s solicitor

Let’s Look at one in more detail… • A psychologist with a threatening demand from the police for the release of client records in the absence of consent or a court order

What are the causes of complaints? • • • Un-resolved transference Blurred or broken boundaries Lack of or unclear contracting (not) Managing client expectations ‘Difficult’ clients Working beyond competence

What are the causes of complaints? • Mishandled endings of therapy • Relationships with clients/former clients • Abuse of therapist’s power position • Delays/accuracy of reports • Breach of confidentiality • Physical injury

Case Studies • Case number 1 – A therapist working from home • Case number 2 – Contractual relationships, sex • Case number 3 – Issues around client suicide • Case number 4 – Trying too hard?

Case study number 1 • What is the basis of Claire’s claim? • What are some of the issues when working from home? • What about the Partner? • What about the exchange of gifts? • Was this therapy? • How was the ending managed?

Case study number 2 • Was there any contractual relationship between the counselling service and Jenny? • Was the counselling service negligent? • Would the answer be different if John was an employee or volunteer? • What if John had insurance? • Is John’s assertion that the advances were made by Jenny relevant?

Case study number 3 • What should Vikki have done if anything to prevent the suicide? • Is the father (or his solicitor) entitled to see the notes? • Does Vikki owe any duty of care towards the father? • What should be released to the coroner/inquest?

Case study number 4 • Put yourself in Christopher’s position - what was he hoping to achieve? • Now imagine how Anne felt…why would she have complained? • Would it have been different without the wine? • How would Christopher’s professional body view the complaint, and why?

What if it Happens to me? . . . • Don’t panic! • Take all complainants seriously – don’t ignore complaints. • Speak to your insurers as soon in the process as possible – even before you get the complaint if possible. • Follow your insurers advice

Are more people claiming? • People do seem less tolerant of a less -than-perfect outcome and more prepared to complain • Government and Professional Regulators encourage complaints • No win, no fee arrangements allow solicitors and ‘claims farmers’ to advertise – not prominent in counselling

Any Questions?

Thank You!