Whilst you will never be able to completely eradicate the risk, there is much you can do to mitigate the potential of a complaint or claim:

None of us know when we may find ourselves in a potential claim situation. You have purchased your insurance to give you peace of mind, that should you ever find yourself in such a situation, you will have the knowledge there will be someone there to help and support you.  However the reality is that regardless of the insurance, a complaint or claim against you or your business can be very stressful, time consuming and costly, with potential unexpected knock-on effects that may be hard to quantify.  

In the unfortunate event of someone making a complaint against you, please contact us in the first instance, in order that we are able to support you through the process. We will need you to formally notify us in writing, submitting your case history notes and treatment records, along with your own detailed version of the events of the situation. Our Claims Team are here to help, it is what you purchased your insurance for, and the earlier you advise us, the sooner we can give the support you may need.

Whilst you will never be able to completely eradicate the risk, there is much you can do to mitigate the potential of a complaint or claim: 

  • Good quality communication (especially listening skills) and developing a quality therapeutic relationship is key.
  • Make sure you explain what you do and how you do it, explain potential side effects or reactions as well as what the benefits are. Clients can then make an informed choice about whether to proceed, and you can manage the protocol and structure of the client journey with you.
  • If you give classes rather than one to one sessions, then you should still explain the above, keep lists of who attended and briefly what went on in the class.
  • Keep your boundaries; respect your patient’s autonomy.
  • Please remember that you have a patient practitioner relationship with you client, so keep your communication style professional. Familiarity could become a double edged sword.
  • Try to keep personal relationships away from professional ones - don’t get intimate with your patients - it still happens and inevitably can cause problems.
  • If you are asking someone to remove their clothes for your therapy, remember to ensure they are comfortable to do so. Vacate the room, or provide a screen for them to get changed behind. Provide a robe and / or offer a chaperone if possible.
  • Towels and discretion should be used at all times to maintain dignity.
  • Gain consent before you touch your client, and throughout the treatment, and note this in your record keeping.

Get ongoing consent if a series of sessions is likely.

Below is a list of recommended Dos and Don’ts in some common complaint situations.

  • Verbal Complaint
    • Do listen. Regarding pain or perceived lack of progress – empathise, explain, reassure, make earlier follow-up appointment and maintain goodwill. 
    • Do consider whether the complaint is about a "notifiable safety incident" thereby triggering the statutory duty of candour (see below).
    • Do notify Balens if customers still appear to be unhappy – remember to also note this information on your Insurance Renewal.
    • Don’t panic, get defensive or show annoyance or anger.
  • Letter of Complaint
    • Do Notify Balens and Your Association if you have one, and pass on all correspondence together with patient notes and your response to the allegation unless a notifiable safety incident has occurred (see below).
    • Do acknowledge their letter and tell them you will respond within a reasonable period e.g. 14 – 21 days.
    • Don’t admit liability or respond directly in any way.
  • No show - missed appointment
    • Do ring the patient to identify reason for no show. Most common reasons are that patient feels better, it did not help, or they forgot.
    • Do treat as a verbal complaint if any concerns are raised as a reason for missed appointment.
    • Don’t do nothing.
  • Refund request
    • Do ask why. Request that they put the nature of the complaint in writing to the Therapist so that it can be fully investigated. Contact Balens for further advice.
    • Don’t get annoyed, angry or defensive.
  • No Payment
    • Do ask why. If the patient is not happy, give reassurance and explanation - offer another appointment complimentary if necessary as a gesture of goodwill.
    • Do consider whether there has been a ‘notifiable safety incident’ thereby triggering the statutory duty of candour (see below).
    • Don’t get annoyed, angry or defensive, admit liability or indicate you are insured.
  • Request to see notes
    • Do give access, offer copy or write report from notes. There is a legal duty under the 2018 Data Protection Act to provide copies of notes to clients should they request these. Typically details must be provided within one month and at no charge. Please see the Information Commissioners Office website ico.org.uk for further details.
    • Do ask why, although this request is rarely to do with a complaint, usually the patient is moving or has an insurance claim as a result of an accident. 
    • Do consider whether there has been a ‘notifiable safety incident’ thereby triggering the statutory duty of candour (see below).
    • Don’t get annoyed, angry or defensive, admit liability or indicate you are insured.
  • Notifiable Safety Incident – Statutory Duty of Candour
    • Do notify Balens of the incident immediately.
    • Do arrange to meet with the patient (or if they are deceased or lack capacity, someone able to lawfully act on their behalf) as soon as reasonably practicable. At that meeting the patient / service user should be provided with:
      • A factual account of what has occurred to the best of your knowledge at that time.
      • Details of the future enquires that will be undertaken.
      • An apology which expresses sorrow or regret that the incident has occurred.
    • Do ensure that there is a record of this meeting and that the patient is subsequently written to confirming what was discussed.
    • Do provide reasonable support for the patient / service used in relation to the incident.
    • Do at the conclusion of the investigation write to the patient confirming the outcome of this and ensure that a detailed record of this is kept.
    • Don’t speculate about what may have occurred when you first met the patient; instead keep to the facts as known at the time.
    • If you are concerned that an apology may amount to an admission of fault or liability contact Balens for further advice in advance of the meeting.