Hi, Is it a legal requirement by CQC for domiciliary agencies to ensure all carers have business insurance while conducting their care calls?

Answered by Sheila Scott

Dear Rajiv,

Thank you for your question. All businesses in the UK are expected to have the appropriate insurances in place.
In the case of domiciliary care almost all providers will go to a specialist insurance company and will, I expect, be offered a policy covering:

-Employers’ Liability

-Public Liability

The policy offered may include:

-Medical Malpractice cover

-Professional Indemnity

The following information is taken from the Care Quality Commission website:

Care Quality Commission (Registration) Regulations 2009: Regulation 13
The intention of this regulation is to require providers to make sure they take all reasonable steps to meet the financial demands of providing safe and appropriate services.

To meet this regulation, providers must have the financial resources needed to provide and continue to provide the services as described in the statement of purpose to the required standards.

CQC cannot prosecute for a breach of this regulation or any of its parts but we can take regulatory action. See the offences section for more detail.

CQC must refuse registration if providers cannot satisfy us that they can and will continue to comply with this regulation.

CQC’s guidance says:

13(1)(a) achieving the aims and objectives set out in the statement of purpose;

-The provider must have the financial resources needed to provide and continue to provide the services as described in the statement of purpose to the required standards.

-The provider must have insurance and suitable indemnity arrangements to cover potential liabilities arising from death, injury, or other causes, loss or damage to property, and other financial risks.

With best wishes.

Sheila