However FISH insurance is very skilled at not having to make any pay out. Ultimately I guess they would say that as she was working for you privately it would possibly not be covered under the insurance as it only covers Personal Assistants who are working in that capacity at the time. There was a case where a PA was injured by a person who was receiving Direct Payments who was having an epileptic fit, which resulted in the PA having to have time off work. When it came down to claiming on the insurance through FISH to claim back wages lost (with the backing of the employer), FISH were saying that they would argue that their client was not of his own mind during their seizure, which is questionable response no doubt, however the claim didn’t go any further. So I am extremely skeptical about suitable insurance for people who use Direct Payments and how FISH would interpret any claim.

My only other advice would be give the PA some type of settlement for their inconvenience!? What shape and form that may take is entirely between the two parties to agree upon. Or possibly check your house insurance which may come under the domestic assistance section or something of a similar name.

It seems to me that it could be a failure of social services not making sure adequate insurance is checked on every 6 month visit to help avoid these situations, at least they or the direct payments support service should be reminding people of this important issue yearly, and possibly getting the Direct Payments recipient or their representative to sign to say they've had notification for the need for insurance, because the support service could be seen to be not acting appropriately to support the Direct payments recipient, even if people decide to ignore it.

I hope this comes to swift and positive conclusion for you.

MPN

Some legal firms provide advice "pro bono" i.e. without a fee. Why not contact some and find out?

Citizens Advice Bureau may be able to help.

Finally, might be worth contacting the agencies that act on behalf of people in receipt of Direct Payments (or In Control) locally. They will probably have info about these issues.

Hope this helps

Peter Taylor

Our insurance is the Certificate of Employers' liability insurance. It is an insurance that is in my name but clearly states, on behalf of: the person that is in receipt of direct payment/ILF.

The insurer is called Fish Insurance scheme administrator. It has a 5 million cover for accidents at work, cover for any tribunals and a host of other things the cost is £136 a year. The direct payment will cover the cost if you have done your assessment right, all this will be factored in.

Contact number 01772 724442 fax 01772 733773

E-mail admin@fishinsurance.co.uk.

Website: www.fishinsurance.co.uk Hope this is helpful

Let’s hope she is not taking it further, although relying on goodwill is not the solution.

One could perhaps argue that as she was caring for your son it comes under the DP.

It would be useful for others to know what insurance you did have in place before and how it would cover this situation?

Some DP schemes have a blanket insurance, may be worth checking out. Personally I think insurance should be conditional part of a dp. I.e. something the authority has in place for all users.

Andrew Holman (Director)

All the best,

Pat Robinson

On this occasion she was cleaning for us (privately, not through dp) and she offered to look after my son as I had to go out for 30 minutes (he strongly dislikes going out and said he wanted to stay home).

On my return 30 minutes later he had done some serious damage to the house and attacked her elbow with a ruler. There was no visible damage on her arm at the time, although she was clearly and understandably shaken and very upset. She helped me clear up the huge mess he had made before she went home.

I'd asked why she had not removed herself from the danger he presented as soon as he began to attack her, (eg by going into the garden). The meltdown protocol I had written clearly states to get out of his way. She said that she was afraid of him locking her out.

Today she has told me that she went to her GP this morning as she thought her arm was broken. He confirmed that it wasn't, although there is a clear bruise that I have seen.

I am seriously concerned that she is planning a claim against us for owner/employer/personal liability...we are not insured.

Please does anyone know if she sounds as though she has a potential case against us?(I realise there will be many ifs and buts, but need to know if it seems as if there is a theoretical possibility).

I would dearly appreciate any advice on this. We will ensure we restart the insurance we had let lapse for this kind of thing, but are way too late on this occasion.