Accountability lies with an organisation for their employees (employer liability) and to others including patients (public liability) through the action or inaction of their employees or others (vicarious liability) and based on their systems, procedures, policies, guidelines, risk management and clinical governance.

CCG’s are being more readily challenged in the Coroner’s Courts and via regulators, as to the appropriate commissioning of services, regarding how this harm to the individual or group was allowed ‘to occur on their watch’. CCG’s are becoming ‘responsible bodies’ where they are providing CHC plans will automatically trigger ‘legal accountability, responsibility and potential liability’.

There will be a discussion of the ramifications of the April 2023 announcement about the Liberty Protection Safeguards.

Course Overview

The course will consider how organisations and/or staff may be legally liable for breaches of regulations (CQC, HSE) prosecutions (corporate manslaughter, wilful neglect, assault), civil actions (negligence, breach of human rights) judicial review and internal disciplinary proceedings.

Delegates will review reasons why organisations may be required to attend the Coroner’s Court, a Public Inquiry, a professional body (GMC, NMC) to provide evidence. The evidence provided at those hearings could then be used as a springboard into other litigation.

The course will consider how the findings & recommendations in SAR’s, DHR’s SI’s and all other reviews concerning adults are being more readily relied upon in the coroner’s court, the criminal courts, civil or regulatory proceedings to establish liability against the individual staff member or the organisation(s).

This course is suitable for Level 5 Health Care Staff and includes reference to “knowledge” section in the Intercollegiate Document

Key Learning Outcomes

• Explain the organisation and/or the individual’s legal liability for safeguarding adults
• Identify the differences between civil procedure and criminal procedure
• Evaluate the different evidential standards of proof in different courts and tribunals
• Recognise and explore all the different types of proceedings that could be brought against an individual, a team or an organisation
• Identify ‘best practice’ tips within adult safeguarding to avoid or reduce potential civil or criminal liability