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Insurance

Professional Indemnity, Public Liability  and Legal Expenses Insurance Scheme for Full Members of Nagalro

Nagalro offers professional indemnity and public liability insurance as part of the full member’s annual subscription. As the insurance is obtained on a group basis the cost is much less than a premium purchased on an individual basis.  Full Members are covered against claims made against them up to £10 Million pounds for both professional indemnity and public liability.  This covers any claim arising from either (i) a claim which is made whilst a Full Member of Nagalro and in some cases even if the incident occurred before the date of joining, or (ii) a claim made after the Full Member has retired or are no longer a member provided the member was a full member when the work in question was carried out.  There is a £250 excess which would apply to any member who has a claim made against them.  The Nagalro insurance cover also provides legal representation up to £5,000 if a member is referred to his or her professional registration body.
 
Members must notify Nagalro as soon as they become aware that a claim may be made against them.
 
The insurance policy is limited to Full Members.  Nagalro Associate Members are not covered under this scheme.
 

This cover applies to all Nagalro Full Members carrying out the business activities of an independent social work practitioner or consultant or Family Court Advisor including:

  • Children's Guardian
  • Family Court Advisor
  • Children and Family Reporter
  • Expert witness, including in court proceedings
  • McKenzie Friend
  • Other social work assessments including fostering and adoption applications
  • Independent Reviewing Officer
  • Chair of Reviews and Child Protection conferences
  • Independent investigator of complaints
  • Social work consultant/trainer, including but not limited to appraisal of staff
  • Mentor
  • Family mediator
  • Counsellor and psychotherapist
  • Play therapist
  • Manager and Management Advisor
  • Independent Visitor

 

Professional Indemnity Insurance

Full members whether self-employed or employed are indemnified in respect of their legal liability to pay damages and claimants’ costs and expenses arising from any claim made against them, arising out of any negligent act, error or omission, breach of confidentiality, libel, slander or defamation committed or alleged to have been committed by the member whilst in the course of their duties. The underwriters would pay the costs and expenses incurred in their defence.
 
Full Members should particularly note that the cover applies to claims brought anywere in the world with the exception of the USA and Canada.  Full Members who wish to undertake work in North America must contact Nagalro so that the circumstances can be sent to the Nagalro underwriters to ensure that they are fully covered.
 

Public Liability

Full members are covered for situations where they might visit someone in their home on a professional basis and they accidentally damage the property or are responsible for some breakage.  Alternatively a member is visited in their home by an individual on a professional basis, and that individual incurs a loss such as breaking a leg and thereby incurring loss of earnings.  In such instances the scheme will cover members for successful claims made against them.

The insurance cover for public liability claims is limited to the European Union.

On our members's behalf, we have also negotiated additional specific cover for any claims made against a member based on allegations of abuse, assault, harassment, mistreatment or maltreatment.  Members should however note that this cover is limited to claims arising from theirwork in the United Kingdom, the Channel Islands and the Isle of Man on or after 2 May 2008.  The limit of cover for such claims is £250,000 including costs of their defence.

Legal Expenses

The Insurers will pay on behalf of any full member his or her legal costs incurred in connection with any proceedings of any Committee established by the member’s appropriate social work registration authority, where such legal costs are reasonably incurred, and with their prior written consent, by a solicitor or barrister who has agreed to comply with their standard terms of engagement. 

 

 

Further Information

 

Full Members practising as Sole Traders or as Company Limited by Guarantee

The general conditions of the policy cover members acting as a sole trader or as a body corporate undertaking the insured business activities. The policy in effect covers those members who have set up limited companies under which they trade their specific professional activities.

Full Members employed by Cafcass

For Full Members employed by Cafcass, professional indemnity and public liability claims arising out of their work would probably be met by their employers, although there may not be any stated insurance cover to this effect.  However, should this not be the case members would be covered by Nagalro as part of their membership subscription.  
 
Nagalro insurance underwriters advise us that when Cafcass practitioners are appointed personally to a case and are responsible for their actions and decisions under the amended courts rules, anyone suing for redress would sue both the individual and Cafcass.

Full Members and difficulties with their Registration Body such as Health and Care Professions Council (HCPC) Council

Full Members are entitled to legal advice and legal costs up to £5000 if they have to respond to allegations made by their Registration Body questioning their professional competence as the investigation process may lead to a tribunal.

The choice of lawyer can be made by the member provided he/she has the approval of the insurers.

In such situations members are advised to contact the Nagalro office as soon as they receive notification that such a process has started.

For members employed by Cafcass

For full members employed by Cafcass, professional indemnity and public liability claims arising out of their work would probably be met by their employers, although there may not be any stated insurance cover to this effect. However, should this not be the case members would be covered by Nagalro as part of their membership subscription.

Nagalro insurance underwriters advise us that when Cafcass practitioners are appointed personally to a case and are responsible for their actions and decisions under the amended courts rules, anyone suing for redress would sue both the individual and Cafcass.

This is similar to what happens to some other public sector employees such as doctors employed by the National Health Service - most of whom have personal and professional indemnity insurance to protect themselves against any claim for professional negligence.  It is our view that Cafcass employees have similar good reasons to maintain personal professional indemnity and public liability insurance.

Full Members who leave Nagalro, retired members and members on maternity leave

These groups of members are covered indefinitely by the policy - provided they were a paid up member at the time of the incident leading to the claim.  A claim arising out of past professional work would be covered even if the member has left Nagalro, retired from work or is on maternity leave.

 

 

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