How to mitigate against allegations of abuse in a social care setting

Allegations of abuse in a care setting are extremely serious and can be both delicate and complex to deal with. So, thinking carefully about mitigation and insurance is important for all care providers.

The wellbeing of service users and employees can be put under strain when an allegation is made, and the reputation of the facility impacted.

Having the correct insurance cover in place is crucial and there are also steps you can take to address and mitigate such allegations.

These include:

1. Immediate investigation: Take any allegation of abuse seriously and initiate an immediate investigation. This may involve suspending the accused staff member pending investigation to ensure the safety of service users.
2. Co-operate with authorities: If the allegation involves criminal behaviour, co-operate fully with law agencies. Provide them with any information or evidence they require for their investigation.
3. Document everything: Keep detailed records of the allegation, the investigation process, and any actions taken. Document interviews with staff and service users, any evidence collected, and steps taken to address the situation.
4. Ensure resident safety: Make sure all residents or service users are safe and provide any necessary support or counselling to those affected by the alleged abuse.
5. Review policies and procedures: Evaluate your care business's policies and procedures related to service user care and staff conduct. Make any necessary updates or improvements to prevent similar incidents in the future.
6. Staff training and education: Provide training for all staff members on recognising and reporting abuse, as well as techniques for interacting with service users. Emphasise the importance of maintaining professional boundaries and treating service users with dignity and respect.
7. Open communication: Maintain open communication with service users, their families, and staff members throughout the investigation process. Keep them informed of any developments and reassure them that their concerns are taken seriously.
8. Implement safeguards: Put in place safeguards such as regular supervision of staff, implementing CCTV cameras if there are any common areas (while respecting privacy laws), and establishing protocols for reporting and addressing any concerns promptly.
9. Transparency and accountability: Be transparent about the steps you are taking to address the allegation and hold any responsible parties accountable for their actions.
10. Follow up: After the investigation is concluded and any necessary actions have been taken, follow up with service users and their families to ensure their concerns have been addressed and they feel safe and supported.

Having the correct insurance protection in place

All care facilities need to be certain they have the right level of insurance in place to deal with complex allegations of abuse.

It is normal for a public liability insurance policy to include a sub-limit for abuse, for instance. However, it may not be the same amount as the total sum insured so make sure you’re comfortable with that level of coverage.

The sub-limit sets a maximum amount that can be paid out for claims arising from incidents of abuse or molestation.

The minimum amount we would recommend is normally £2 million but higher limits are available at an extra cost. Your insurance broker can advise you on the right limits of cover for you.

Claims Made vs Claims Occurring

There are two types of cover: claims made or claims occurring. So, be sure you understand which you have and what it means. Find out more about the difference between the two here.

Advantages of ‘claims made’ policy:

Lower premiums: These policies typically have lower initial premiums - because claims-made policies only cover claims that are reported during the policy period.

Tail coverage: Claims-made policies often offer the option to purchase "tail coverage" or "extended reporting period" endorsements. This allows the insured to report claims even after the policy has expired - as long as the incident occurred during the policy period. This can provide extended protection for past activities, which can be beneficial for businesses that may face claims with a significant time lag.

Flexibility in Reporting:Claims-made policies generally offer more flexibility in reporting claims. Insureds can report claims as soon as they become aware of them, even if the claim arises years after the incident occurred. This can help in addressing potential liabilities promptly and avoiding coverage disputes.

Consistent Coverage: Claims-made policies provide consistent coverage for the client activities during the policy period, as long as the policy is continuously renewed and any retroactive date is maintained, coverage remains consistent regardless of changes in the insurance market or the insurer's underwriting appetite.

Things to consider:

• There may be a bigger excess to pay- so, always check and talk through with your insurance broker upon renewal.
• If you’re prepared to take more of the risk by paying a bigger excess, this can deliver savings. However, this could be negated if claims are made.

At Howden, our team of experts has extensive experience in handling a wide range of queries related to abuse, and we are here to offer our assistance and support. 

Whether you have questions about the coverage available, protocols for handling abuse allegations, or resources for providing support, our knowledgeable team is ready to provide guidance and assistance tailored to your specific needs.

Please reach out with any questions or concerns you may have.