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SEPT - MANDATORY TRAINING CLAIMS PROCEDURE COURSE OBJECTIVES Our responsibility Claims procedure Where to find further help Contact details. COURSE OBJECTIVES Our responsibility Claims procedure Where to find further help Contact details. This lesson supports the trust policy on ‘Negligence and Insurance Claims’. The procedural guidelines have been agreed and ratified by the Trust and are monitored, to ensure that they are complied with by the Director of Corporate Affairs and Customer Service The process should be applied to all claims received by South Essex Partnership University NHS Foundation Trust. What is a Claim? A claim is defined as a legal action to obtain money, property or the enforcement of a right protected by law against another party. A claim against the trust can be made by anyone, including staff members, service users and visitors to the trust.

SEPT - MANDATORY TRAINING The Trust has procedural guidelines that set out the processes for involving third parties such as:- The NHS Litigation Authority (NHSLA), Solicitors, Claimants, The Coroner The Property Expenses Scheme (PES) The Liabilities to Third Parties Scheme (LTPS) The Clinical Negligence (CNST and ELS). NHSLA schemes There are three NHSLA schemes that are applicable to the Trust Clinical Negligence Scheme for Trusts (CNST) - The CNST handles all clinical negligence claims against NHS member bodies where the incident in question occurred on, or after 1 April Liabilities to Third Parties(LTP) - The LTP covers employers' liability claims, from straightforward slips and trips in the workplace to manual handling, bullying and stress claims. In addition they also deal with a wide range of liabilities including public and products liability claims,personal injury claims sustained by visitors to NHS premises, unlawful detention and claims arising from breaches of the Human Rights Act, the Data Protection Act and the Defective Premises Act. Property Expenses Scheme (PES) - PES provides cover for “first party” losses such as theft or damage to property. Claims are subject to excesses, it would the NHSLA litigation rules that would apply in this situation The Procedure All correspondence received and relating to a legal claim against the Trust should immediately be forwarded to the Trust’s Legal and Insurance Adviser:- The Procedure All correspondence received and relating to a legal claim against the Trust should immediately be forwarded to the Trust’s Legal and Insurance Adviser:-

SEPT - MANDATORY TRAINING Correspondence Letters of claim should be sent immediately to the Legal and Insurance Adviser who will send an acknowledgement within 21 days of receipt and will also give details of where all future correspondence should be sent. The Legal and Insurance Adviser will notify the appropriate insurer within 21 days. They will also inform the appropriate Executive Director and any other key stakeholders, and will designate a named person/persons to be responsible for liaising on all matters related to the claim. It will be the responsibility of the Legal and Insurance Adviser to contact the named person/persons in order to pursue the claim Supporting Staff Staff may require differing levels of support during what may be a traumatic time. Every Manager therefore has the responsibility to support their staff on an individual basis. Immediate support must be offered on a 1:1 basis and on-going support through regular supervision and 1:1s as required. The wellbeing policy provides for a personal support line service to staff. Should it be identified that a staff member involved needs additional support or is experiencing difficulties. For further information on this please click here to see the Wellbeing Policy %20Workforce%20Wellbeing%20Policy%20- %20December% pdf

SEPT - MANDATORY TRAINING Investigations Any claim received by the Trust should have previously been reported to the Risk Department on an Adverse Incident Report form in line with Trust Policy and that any appropriate investigation would have already been completed with any remedial action plans already in place. Any investigation of incidents would have been undertaken in line with the appropriate Trust policy and a copy of this will have been sent to the Legal and Insurance Adviser where applicable. Any investigation will have identified causal factors and again remedial action plans would have been instigated. Where no incident form has already been completed the Legal and Insurance Adviser will contact any staff involved to ensure an incident form is completed retrospectively and investigation is undertaken as outlined above. Lessons Learnt To ensure that risk to staff, service users and visitors to the Trust is continually reduced and that all quality issues are addressed; lessons will be learnt from all claims. At the end of the initial investigation an action plan will be developed to address any issues of concern or causal factors identified. Action plans will be monitored by the Executive Operational Committee

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