0370 270 6000

Care providers – how would you respond if your staff abused service users?

9 June 2011

Castlebeck have issued a very fast response to the BBC Panorama programme based on secret filming within one of its facilities.

It’s a sensible response. They need to protect their business, and service users’ families need to be reassured that their loved ones are safe.

It also means that any civil claims for compensation will be flushed out sooner rather than later. Employers are vicariously liable for the abusive actions of health and care staff, no matter how rigorous the recruitment and monitoring procedures. Most personal injury cases have to be brought within 3 years of the incident in question but in cases involving claimants with learning difficulties, the 3 year time limit does not apply.

If you find yourself suspending staff members for the mistreatment of service users, compile a list of people with whom they have come into contact, so you know how many claims may follow and inform your insurers of any intended public announcements, as these will attract compensation claims.

Related opinions

80% hours for 100% pay? That’ll do nicely

As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.

View blog

Right to Work Checks: Changes from 6 April 2022

From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).

View blog

LPS - it’s out

The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.

View blog

Covid-19: Government’s U-Turn for mandatory vaccination for health and social care workers following consultation

Since 11 November 2021, workers in regulated care homes in England have been required to be vaccinated against Covid-19, unless they are exempt in accordance with the Health and Social Care Act 2008.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up