Freedom of information response

Medical malpractice insurance

Publication date: 
Monday 20 January 2020

1. Does your council have a joint contract with your local Clinical Commissioning Group/s to provide domiciliary (home) care?

2. If yes, what types and levels of insurance do you require your contracted providers to take out as set out in your contract requirements? (For example: £10M Public Liability and Employers Liability, £5M Medical Malpractice and £1M Prof Indemnity cover).

3. If you require providers to take out medical malpractice insurance; please give reasons for this

4. If you do not require providers to take out medical malpractice insurance; please give reasons for this.

5. What is the name and email address of the officer responsible for domiciliary care contract management in your area? (We may contact them for further information)


1. Yes

2. Employer’s (Compulsory) Liability Insurance = £10m

Public Liability Insurance = £10m

Professional Indemnity Insurance = £10m

Medical Malpractice/ Clinical Negligence= £10m

3. Homecare Providers perform low level health task including medication prompting or administration and personal care. The insurance assists with any errors or omissions while carrying out their duties.

4. N/A

5. Unfortunately we are unable to provide in full the information you have requested.  We do hold the information but an absolute exemption applies.  Personal Information (Section 40,2)

Personal data of any other person (third party data) is exempt under section 40(2) if disclosure would breach one of the data protection principles. This aspect of Section 40 is an Absolute Exemption and is therefore not subject to the Public Interest Test.

The names of officers working for the Council is personal data specific to them. It is therefore subject to the provisions of the Data Protection Act. Information can be withheld if its disclosure would be likely to breach one or more of the Principles of the Data Protection Act. There is no prior expectation on the part of team Managers (or other officers working below the level of Director) that their names and job titles / positions would be published into the wider public domain under FOI. A disclosure made under FOI constitutes a publication to the world at large. We believe that to disclose this would be likely to breach the first Principle of the Data Protection Act by unfairly contravening their right to privacy and confidentiality in the work place.

However, in the interests of transparency we are able to share details relating to senior officers (Director  level and above). For these officers, there is already a greater expectation of openness about their role given their level of accountability for service provision and budgetary decision making.

For your information please see the below link which outlines staff details of Director and above:

You are free to use any information supplied to you for your own use, including non-commercial research purposes. However, any other type of re-use, for example, by publishing the information or issuing copies to the public will require the permission of the copyright owner.

Where the copyright is owned by Thurrock Council, you must apply to the Council to re-use the information. Please email if you wish to re-use the information you have been supplied. For information where the copyright is owned by another person or organisation, you must apply to the copyright owner to obtain their permission

Request reference:
FOI 9670