FAQs on professional indemnity

FAQs professional indemnity

• What does appropriate cover mean?

  You need to make sure that your professional indemnity arrangement provides cover appropriate to your practice, taking into account the nature and extent of its risks. The level of cover will need to be sufficient to meet any liability that may be incurred if a successful claim is made against you. What is appropriate cover for you may depend upon a combination of factors including: 

  • the practice area or areas you work in; 
  • the service users you work with; and 
  • the risks involved with your practice. 

  For further advice on the level of cover that is appropriate to you and your practice you may consider contacting your professional body, trade union or insurer.

• I am employed – does this mean I already have indemnity insurance?

  The majority of our registrants have their indemnity arrangements provided by their employer. If this is the case, you don’t need to take any action. Some registrants may want to seek additional advice about their employer’s indemnity arrangements, especially where they have multiple employers or their roles are new and extend beyond the generally accepted scope of their profession’s practice.

  An employer’s arrangement will only provide cover for activities performed by an employee as part of their duties during the course of that employment.

  If you are self-employed or work in independent practice, you will need to make your own professional indemnity arrangements.

  Some professional bodies and trade unions offer professional indemnity cover as part of their membership, or for an additional fee.

• I am self-employed – what arrangements do I need?

  If you are self-employed, you need to make sure that you have your own arrangements for professional indemnity in place.

  Some professional bodies and trade unions offer professional indemnity cover as part of their membership or for an additional fee.

  Alternatively, you can arrange your own cover directly through an insurer.

  You need to make sure that the professional indemnity arrangement you secure through one of the methods above provides appropriate cover for your full, individual scope of practice.

• I undertake a combination of employed and self-employed roles – what arrangements do I need?

  If you are an employee and you also undertake some self-employed work, you need to ensure that you have arrangements in place for your self-employed work, as this will not be covered by any arrangements put in place by your employer.

  You need to make sure that your arrangements provide appropriate cover for all parts of your practice.

• I am an educator and do not typically work in a clinical setting – do I need to have a professional indemnity arrangement in place?

  Yes, the requirement to have a professional indemnity arrangement in place applies to all our registrants and to all aspects of practice. If you are employed, your employer may have made professional indemnity arrangements which will provide appropriate cover for all the relevant risks related to those activities you carry out as part of your job.

  Arrangements may, however, vary between different employers. If you are unsure, you should always check with your employer. 

  For further profession-specific advice or support, you should consult your professional body, trade union, or insurer, to make decisions about the level of cover appropriate to you and your practice.

• I need to secure a professional indemnity arrangement for my practice and / or check that my existing level of cover is appropriate, where can I find further guidance or support?

  The HCPC does not provide indemnity insurance as part of registration and cannot provide advice about indemnity providers.

  However, we expect registrants to have an appropriate professional indemnity arrangement in place to cover all their professional activities as a condition of registration with us. What might be appropriate cover for one registrant may be inappropriate for another registrant. Therefore, we cannot advise about the level of cover that you need.

  You need to make sure that you consider the risks which may arise from your own practice and make sure that you have a professional indemnity arrangement in place which provides cover which is appropriate to those risks. For further profession-specific guidance or support, you should consult your professional body, trade union or insurer to make decisions about the level of cover appropriate to you and your practice. You may also find it helpful to speak to colleagues or professional networks.

• I am registered with the HCPC, and I am not practising at the moment, do I need to maintain my own professional indemnity arrangements?

  In general, we do not expect registrants who are not practising for short periods of time to have a professional indemnity arrangement in place. This is particularly the case if you work or have worked in an employed environment and are on a career break or between jobs.

  If you have made your own professional indemnity arrangements but are no longer practising and are considering cancelling your arrangement, you need to think about this carefully. Our guidance explains that if you have made your own arrangements, you need to understand how your cover will work.

  This includes having in place appropriate ‘run-off’ cover to ensure that a service user will be able to recover any compensation they may be entitled to, even if you are no longer practising at the point at which a claim is made. You should consult whoever provides your professional indemnity arrangement for example, an insurer or a professional body, directly so that you can make sure that any necessary arrangements for run-off cover are in place.

  You must make sure you have a professional indemnity arrangement in place when you begin to practise again.

• I am a student on an approved education and training programme, do I need to have a professional indemnity arrangement in place for practice placements?

  If you are a student, you do not need to have a professional indemnity arrangement in place. The requirement to have a professional indemnity arrangement only applies to registrants.

• How will the HCPC check that a professional indemnity arrangement is in place?

  When you renew your registration with us, every two years, we ask you to make several declarations.

  As part of that we require all our registrants to declare that they have professional indemnity arrangements in place. You need to confirm that:

  • you have a professional indemnity arrangement in place which provides appropriate cover; or
  • if you are not practising at that time, you understand the requirement and will have an arrangement in place when you begin to practise.

  We won't ask you to routinely send us certificates or other evidence of your professional indemnity arrangements. However, we may ask you for evidence if, for example, there is concern that you may not have a professional indemnity arrangement in place or that it may not provide appropriate cover.

  Having a professional indemnity arrangement in place is a condition of your registration. If you are unable to complete the declaration you will be unable to renew your registration with us and will be removed from the Register.

• What information do I need to give to the HCPC if my professional indemnity arrangements change?

  You do not need to tell us about routine changes in your professional indemnity arrangements. This includes routine changes in professional indemnity providers, and times when you are no longer practising, for example, taking a career break, or going on parental leave.

  However, you need to inform us immediately by writing to our Registration team if:

  • at any point while  you are registered with us, you stop having a professional indemnity arrangement in place which provides appropriate cover;
  • you are practising without an appropriate professional indemnity arrangement at any time;
  • you have had any restrictions in your professional indemnity cover imposed by your insurer; or
  • you have had to change insurers because you have been refused cover with an insurer due to your claims history.
• My individual scope of practice is expanding – how do I ensure I have appropriate cover?

  Your scope of practice is highly individualised and unique to you, which means that the HCPC is not best placed to provide guidance on what appropriate cover is for your practice. However, we have outlined some things that you should consider if your scope of practice is expanding.

  If you work for an employer and you are being asked to take on new activities and expand your scope of practice, you should first ensure that you have the knowledge, skills and experience to perform those activities and know how you can evidence this. You should discuss whether your employer’s professional indemnity arrangement will cover your new scope of practice with your employer. Finally, you might need to consider whether a change in your job description is necessary. Your employer and your professional body will be best placed to provide guidance on this.

  If you are self-employed or practise independently, you should check with your professional indemnity provider to ensure your activities are appropriately covered. If your arrangement is provided by your professional body and your individual scope of practice is expanding beyond the generally accepted scope of practice of your profession, you may have to seek additional coverage from another provider.

  For more support on ensuring you have appropriate professional indemnity arrangements, you may contact your professional body, trade union or your insurer.

• Do I need to have a professional indemnity arrangement in place before applying for registration with the HCPC?

  We recognise that applicants for registration may not have yet secured employment or been able to arrange a separate professional indemnity arrangement. You will still be able to register with us, subject to completing a declaration.

  When you apply for registration with us you need to confirm that:

  • you understand the requirement to have a professional indemnity arrangement in place which provides appropriate cover; and
  • you will have an arrangement in place when you begin to practise.

  Having a professional indemnity arrangement in place is a condition of registration. If you are unable to complete the declaration you will be unable to register with us.