The top five claims risks for psychological professionals

At Howden, our specialist team receives hundreds of claims every year. Whilst there are a plethora of reasons why a claim can be made against you, there are common claim types that come up time after time.

In this article, we are looking at the five most common claim areas for psychological professions that we have witnessed over the years and suggest ways to stop them happening or manage the impact.

Boundaries: One of the most common types of claims is in relation to breaching professional boundaries. Due to the nature of this service provision, clear boundaries and remaining professional at all times are a must in order to ensure that the expected client – practitioner relationship is maintained and the purpose for the therapy is followed.

Boundaries include, but are not limited to, no physical contact (unless this is agreed upon), setting and following appointment times, agreeing any communication outside sessions, and confidentiality.

When the boundaries are blurred or crossed, even if it’s an unintentional action on the professional’s side, issues may arise, such as clients seeking legal action and filing a complaint.

Although there are some ethical boundaries that are not explicitly discussed, such as the lack of intimate relationship between the practitioner and their client, it is advisable that you negotiate boundaries at the beginning of your therapy contract.

For instance, starting each session with a new client advising that personal matters won’t be discussed, that the end of a session is not open to flexibility, and explaining the intricacies of client confidentiality. Setting out all the terms at the beginning and following through with them will help to minimise such issues from occurring.

Couples Counselling: This area often falls prey to complaints and claims due to the nature of the sessions. For example, if one partner does not get their desired outcome, it can lead to a tendency to place the blame for the unresolved issues on the practitioner.

Whilst it can be frustrating if these complaints or claims are not necessarily built on any foundation, it’s always important to maintain accurate and detailed notes because they can serve as a valuable audit trail in the event of investigations or legal actions. Keeping records may also be a requirement of your professional body. Read our guidance on note and record keeping for more information.

Family Courts: Another claims trend is the one made against psychologists who assume the role of expert witness in family courts. Scenarios such as custody battles between two parents can involve reports and assessments from a psychologist.

However, this can whip up a frenzy as a parent/caregiver can lose custody of a child and put the blame on the psychologist for not providing a strong enough or accurate assessment.

To minimise this risk, maintain detailed records which document any limitations or uncertainties in the assessment process. Additionally, ensure they’re clearly communicated with all parties involved and consider getting peer assessments to help maintain neutrality. 

Psychologists in Prison Services: Although it may come as a surprise to some, prisons are a setting where lots of complaints arise. Indeed, Her Majesty’s Prison Service is the largest single employer of psychologists in the UK. 

A big part of this can be attributed to the nature of the work which might involve anger management, alcohol, and drug addiction treatment, and developing social and cognitive skills[1].

Nevertheless, it’s important to build a good relationship with the client and build trust with them as that can help you maintain a positive relationship in the long run.

Parallel to this, psychologists should stick to clear boundaries, keep detailed notes, seek supervision on complex situations and report any concerns, whilst adhering to confidentiality to avoid claims and complaints.

Working with Children: Psychologist must take extra precautions (such as more detailed notes and attaining sufficient forms of parental/guardian consent) when working directly with children.

For example, a psychologist could be working to diagnose autism in a child, in which case, a minor needs parental consent. Though one parent can claim full responsibility, a psychologist must ensure consent from all guardians/parents is obtained. If a guardian is not aware of a working diagnosis, this can result in a complaint or claim against the clinician.

Additionally, some types of counselling services require working with other agencies like OFSTED and social services. To not fall foul, ensure that you check who you need to work/be registered with to be working in line with guidance and the law.

Conclusion

Despite all precautionary measures in place, claims and complaints can still arise. This underscores the significance of having a specialist insurance broker, like Howden, on your side to protect yourself and your practice.

The biggest area of cover we provide under the policy is complaints to your professional body. In the event of civil litigation, we can also assist you by covering legal defence and compensation costs.

Our commitment to your risk management extends beyond insurance coverage as we also provide support and advice content to effectively mitigate potential risks.

Contact us for more information or a quote – we’ll be more than happy to help.

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