1. Professional Liability Insurance Steve Johnson © Oxygen 2013

3. 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

4. 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

5. 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

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

7. The Highway Code? direct.gov.uk/en/TravelAndTransport/Highwaycode

8. Just before you passed your driving test! - Right?

9. UKCP’s Ethical Principles © UKCP 2010 psychotherapy.org.uk/code_of_ ethics.html

10. ACC’s Ethics and Practice © ACC 2004 http://www.acc- uk.org/pdfs/EandPractice.pdf

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

12. 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!

13. Highway Code/Ethics and Practice 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!

14. 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!

15. Hazard Perception The physical environment The interface between the two The therapeutic intervention

16. The Physical Environment Clean & Tidy Safe & SecureMaintenance Stairs & stepsDisability Access? Fire exits

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

18. The Interface Privacy Comfort LightingSelf disclosure (objects) Notes & Records Temperature settings

19. 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

20. 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

21. 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

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

23. 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?

24. 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?

25. 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 had insurance? Is John’s assertion that the advances were made by Jenny relevant?

26. 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?

27. 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?

28. Some More Scenarios Scenario number 1 – Unresolved Transference Scenario number 2 – Client Confidentiality Scenario number 3 – Inappropriate Touch/use of Language

29. Scenario number 1 What might have happened here?

30. Scenario number 2 What should Mark do or Say? What should he not do?

31. Scenario number 3 Discuss?

32. 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

33. 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

34. Any Questions?

35. Thank You!