THE DIRECTORATE OF CHILDREN S SERVICES

Transcription

1 THE DIRECTORATE OF CHILDREN S SERVICES A REFERENCE GUIDE FOR STAFF ON DEALING WITH CLAIMS UNDER DUDLEY MBC S INSURANCE ARRANGEMENTS IN CONNECTION WITH FOSTER, SHORT TERM BREAK & PERMANENT CARERS This guide has been produced by the Risk Management & Insurance Section in consultation with the Looked After Children Policy Development Group Issued May

2 INDEX 1) Introduction 2) Claim contact details 3) Public Liability (Third Party) insurance claims for injury and / or loss or damage to Third Party property. (a) (b) Verbal Notification of a Claim Written Notification of a Claim 4) Important notes applicable to ALL Public Liability (Third Party) Claims 5) Property insurance claims for loss or damage to a Carer s own Property 2

3 1) INTRODUCTION This guide has been prepared to enable staff within the Directorate of Children s Services to deal with insurance claims, including personal injury and property damage claims, arising from the placement of looked after children and service users with Foster, Short Term Break and Permanent Carers (hereinafter referred to as carer ) and to ensure all claims are processed in accordance with pre-agreed procedures and timescales. EXAMPLES OF CLAIMS Public Liability (*Third Party) Insurance Damage to a *Third Party s Property A foster child causes damage to a neighbour s car by cycling too close to it and scratching it with the pedal. Personal Injury to a *Third Party A foster child throws a large stone in the park and hits someone on the head who suffers injury Property Insurance Damage to a Carer s Property A foster child or client causes damage to a carer s own dining table (* A Third Party is someone other than an employee of the Council, a Councillor or a Foster, Short Term Break or Permanent Carer) 2) CLAIM CONTACT DETAILS Risk Management & Insurance Section Dudley MBC 3 rd Floor, 4 Ednam Road, Dudley. DY1 1HL For advice on any claim or potential claim, please contact the section direct on (01384)

4 3) PUBLIC LIABILITY (THIRD PARTY) INSURANCE CLAIMS A Third Party* may make a claim against a carer (or the Council) if they believe they have suffered injury and/or loss or damage to their property due to the negligence of the carer (or the Council). Please note that such a claim will fall outside of the Council s complaints procedure and will be dealt with separately as an insurance claim. Provided that at the time of the incident which gives rise to the claim, the carer is: - approved by the Council; - carrying out their fostering and care duties directly for the Council; - are not entitled to indemnity from any other source; then any claim received from a third party alleging negligence by a carer will usually be dealt with under the specific carer s Public Liability cover extension arranged under the Council s Public Liability insurance policy (all other third party claims will be dealt with under the council s Public Liability insurance cover). For any claim to succeed, the third party must prove that the carer or the Council have been negligent. (* A Third Party is someone other than an employee of the Council, a Councillor or a Foster, Short Term Break or Permanent Carer) 3 (a) Verbal Notification of a Claim (refer to 3(b) for written notification) If a third party intimates verbally to the Directorate of Children s Services (either direct or via a carer) that they intend to make a claim for injury or loss of or damage to their property, NO admission of liability should be made as this could prejudice the Council s insurance claim, nor should any response be given other than to advise the intended claimant that all claims must be submitted in writing. The claimant s letter should include details of the alleged negligence (i.e. date / time / details of the incident giving rise to the injury / damage) and why they feel the carer / Council is responsible for the injury / damage. It is also recommended that any person wishing to proceed with a legal claim against the Council seeks legal advice. All claim letters should be addressed directly to the Risk Management & Insurance Section (see Section 2 for contact details). 4

5 3 (b) Written Notification of a Claim Upon receipt of any written letter of claim (either direct from the claimant or their legal representative), the original date stamped letter (together with any relevant information and documents such as witness statement and photographs) must be sent immediately to the Claims Team of the Risk Management & Insurance Section (see Section 2 for Contact Details). The letter MUST NOT be acknowledged, even if the letter requests an acknowledgement within a specified number of days (usually 21days). The Council s insurers will send out the acknowledgement letter on behalf of the Council. There are specific time-scales for acknowledging letters imposed under Civil Law and if the Directorate send out their own acknowledgement letter this can prejudice the insurers position in dealing with the claim. It is therefore important that correspondence is forwarded to the Risk Management & Insurance Section immediately to ensure the insurers have as much time as possible in which to deal with the claim. 4) IMPORTANT NOTES APPLICABLE TO ALL PUBLIC LIABILITY (THIRD PARTY) CLAIMS 5

6 (i) From the date of receipt of a written letter of claim at any Council office (per date stamp), the insurers only have 21days to acknowledge receipt and 90 days in which collate sufficient information to either accept or deny liability. This is an exceptionally short timescale so it is important that claims are submitted to the Risk Management & Insurance Section as soon as possible after receipt. (ii) Each office within Children s Services should ensure that all staff know that the Head of Service or his /her deputy is responsible for notifying claims to the Risk Management & Insurance Section. It is particularly important during holiday periods that at least one member of staff is aware of the action that is to be taken. (ii) It is important that carers, or staff within the Directorate of Children s Services, do not take for granted that a looked after child was involved in an alleged incident by virtue of the fact he/she was or was believed to be in the vicinity or because of previous behaviour. (iv) Where an allegation is made that a child in a placement has caused injury to a third party or damage to their property, the carer should also inform the District Social Worker for the child /Supervising Social Worker for the carer as soon as possible. District Social Workers should notify their line manager as soon as possible. (v) It is important that all information relating to the alleged injury / damage is collated by the appropriate Line Manager as soon a claim is intimated (verbally or written). The Line Manager will request further information from the District Social Worker in the form of a report and agree timescales for a response with the parities involved. The information to be collated will include: - Names of all parties involved - Exact time & date incident took place - Full circumstances surrounding the incident - For injury claims, please include details of the injuries sustained and any medical treatment received - Estimated costs (for property damage) - If appropriate, photographs should be taken of the defect or damage to the property - Witness statements (if available) All information collated is to be submitted to the Risk Management & Insurance Section as soon as possible. WHAT TO DO IF CARERS HOLD THEIR OWN PUBLIC LIABILITY INSURANCE ARRANGEMENTS Carers who hold their own separate Public Liability insurance cover for their caring duties should also be advised that they must notify their own insurers of a possible claim against them. Failure to do so could result in their insurer refusing to handle their claim. 5) PROPERTY INSURANCE CLAIMS (Theft of or damage to Carer s Property) 6

7 This section relates to theft of or damage to a carer s own property (as opposed to damage to a third party s property). The council holds insurance cover in respect of damage, including theft, caused to the buildings and contents belonging to Foster and Short Term Break Carers. The cover includes damage and / or theft which is caused by the service user (child or adult) residing with the carer, whether wilful or otherwise. Maximum claim: 50,000 any one household (buildings & contents) Excess : 100 per claim (in the event of a successful claim this excess is paid by the Directorate) Exclusions: - Damage occurring over a period of time (e.g. wear and tear) - Theft from a vehicle - Theft or loss of Money - Damage to motor vehicles (whether driven or not) - Loss or damage insured more specifically under the Foster or Short Term Break carer s own household insurance cover Notification of Property Claims for Damage to a Carer s own Property Any incident which is likely to give rise to a claim under the property insurance cover must be notified to the Claims Team in the Risk Management & Insurance Section within 21 days of occurrence, together with estimated cost details for repair / replacement (see section 2 for contact details). This is to allow time for submission to the insurers within their 28 day deadline. It is a condition of this insurance policy cover that all thefts must be notified to the Police and a crime reference obtained. Claim Settlements / Payments by Children s Services As stated above, in the event of a successful property insurance claim, the 100 excess is met from the Directorate s own funds. The claim settlement received from the insurers (net of the 100 excess) is coded to the nominated Directorate budget from which the Directorate will then pay the carer the FULL AMOUNT amount of the claim, INCLUSIVE of the 100 excess. The Directorate can, at their discretion, pay for damage to a carer s property direct form the Directorate s relevant budget without processing it via the property insurance cover. This would apply where the damage falls within the 100 excess, or for example where damage may have occurred over a period of time (accumulative damage) which is not insured. 7