Reporting damage or loss to personal property policy
Policy type: Public Health Wales wide
Policy reference number: PHW24
Policy classification: Corporate
Author: Sharon Atkins, Corporate Services Manager
Policy lead: Sharon Atkins, Corporate Services Manager
Executive lead: Keith Cox, Board Secretary
Date: 10 April 2013 / Version: V1
Publication/ Distribution: Public Health Wales (Intranet)
Review Date: March 2016 / Approval date: 06 March 2013
Approving body: Executive Team
Purpose and Summary of Document:
This policy describes the process for reporting the loss or damage of personal property belonging to staff, service users and visitors with a view to seeking reimbursement from Public Health Wales.
Intended audience: Staff, service users and visitors
Interdependencies with other policies: Public Health Wales Standing Orders and Financial Instructions, whistleblowing policy.
Date: 10.04.13 / Version: V1 / Page: 9 of 11
Public Health Wales / Reporting damage or loss to personal property
Contents
1 Introduction 4
2 Policy aims and objectives 4
3 Scope 4
4 Legislative and national initiatives 4
5 Definitions 4
6 Roles and responsibilities 5
7 Procedure for reporting losses or damage to personal property 6
8 Criteria for considering claims 6
9 Appeal process 7
10 Whistleblowing 7
11 Communication 7
12 Monitoring and auditing 7
13 Information Governance Statement 7
Policy consultation circulation list
Group/Lead / Date CirculatedInformation Governance Managers / 24.07.12
Equality Impact Assessment / 10.09.11
Partnership Forum/Medical Dental Local Negotiating Committee / 13.09.12
Senior Management Forum / 13.09.12
All staff consultation / 14.09.12
Risk Management Group / 23.10.12
Partnership Forum policy workshop / 21.11.12
Partnership Forum / 17.12.12
Partnership Forum policy workshop / 18.02.13
Partnership Forum / 01.03.13
1 Introduction
Staff have a responsibility for their own property brought onto Public Health Wales’ premises and may insure themselves against all risks including the loss of their personal possessions.
NHS organisations are only responsible for losses which have been caused by their negligence or actions of others that they are vicariously liable for. There may however, be circumstances in which Public Health Wales is able to provide compensation for damage which has occurred to personal property.
As NHS organisations are not obliged to make such payments, the Welsh Government does not provide cover or insurance against such circumstances. Payments are not prohibited but there are strict criteria that NHS organisations must adhere to when considering such payments.
This policy describes the process for reporting the loss or damage of personal property belonging to staff, service users and visitors with a view to seeking reimbursement from Public Health Wales and is intended to cover low value claims
2 Policy aims and objectives
The aim of this policy is to ensure that there is a clear and equitable process in place for the consideration of reimbursements to staff, service users and visitors for damage to personal property.
3 Scope
This policy is applicable to all staff, service users and visitors. This policy only applies to claims for damage to personal property. For personal injury claims or clinical negligence the claims management policy should be followed.
4 Legislative and national initiatives
· NHS Finance Manual
· Public Health Wales Standing Orders and Financial Instructions
5 Definitions
Losses and Compensation claims are defined as; “Losses, damage to/or loss of personal belongings through no fault of the individual”.
6 Roles and responsibilities
6.1 Corporate Services Manager
The Corporate Services Manager is the responsible lead for claims in respect of loss or damage to personal property and will act as chair of the Claims (personal property) Panel when considering claims of this nature.
6.2 Director of Finance
The Director of Finance is responsible for ensuring that any payment agreed by the claims panel is recorded on the losses and compensation register.
The Director of Finance is also responsible for considering, responding to and recording the outcome of any appeals.
6.3 The Claims Panel (personal property claims)
The claims panel is responsible for considering and approving claims in relation to damage to personal property. The decision will be based on the majority of the panel. Membership of the panel is as follows:
Chair: Corporate Services Manager
Members: Assistant Director of HR
Assistant Director of Finance
Corporate Support Manager
Trade Union representative
The delegated limits of the claims panel are set out in Public Health Wales’ Standing Orders – Scheme of Delegation.
6.4 Divisional Director and Line Manager
The relevant Divisional Director and Line Manager are both responsible for signing the claims form (Appendix 1) and indicating whether or not they support the claim.
6.5 Staff/Service users
All staff and service users who wish to submit a claim for loss or damage to personal property must complete a claim form (appendix 1). Staff should pass the form to their line manager and divisional director for signature.
7 Procedure for reporting losses or damage to personal property
The claimant should complete the form (attached at Appendix 1) and submit the claim within three months of the occurrence of the loss or damage.
If the claimant is a member of staff then they must ensure that the form is signed by their line manager and divisional director. Claims submitted by service users and visitors should be signed by the relevant divisional director.
The completed form and any receipts should be forwarded in duplicate to the Corporate Services Manager. Upon receipt of the form the Corporate Services Manager will submit the claim to the claims panel where a decision as to whether the claim is approved will be made.
A panel will be called within 25 working days of the Corporate Services Manager receiving the claim either in a face to face meeting or via an electronic format e.g. email forum, provided that all the necessary information/advice has been provided.
The decision as to whether the claim was approved or declined will be notified in writing to the claimant noting the reasoning behind the panel’s decision, within 10 working days.
If the panel approve the claim, this will be notified to the Assistant Director of Finance, in order for the reimbursement to be made and an entry to be recorded on the Losses and Special Payments Register.
N.B. Individuals may report items which are damaged or lost to the police, where appropriate.
8 Criteria for considering claims
Claims will be considered on a case by case basis, although previous similar claims may be referred to in order to ensure consistency and equity. Payments for loss or damage to their personal property may be made only where all of the following criteria apply:
· the incident occurs during the course of their employment;
· the articles lost or damaged were reasonably carried during the course of their employment;
· the articles are sufficiently robust for the treatment they might reasonably be expected to bear;
· the loss or damage is not due to the member of staff’s own negligence;
· the loss or damage is not covered by insurance or by any provision for free replacement.
The panel may request evidence/proof that the item was damaged item or may request proof or purchase.
Where the article can be repaired the payment should cover the actual cost of repair.
9 Appeal process
There is a right of appeal if the claimant is dissatisfied with the decision of the panel. This appeal should be directed to the Executive Director of Finance within 15 working days of the individual receiving notification of the outcome of the decision of the Claims Panel. The Executive Director of Finance will convene an Appeals Panel within 25 working days of receiving written notification of the wish to appeal. Membership of the Appeals Panel will be as follows:
· Executive Director of Finance
· Corporate representative (who has not participated in the claims panel.)
· Trade union representative (who has not participated in the original panel.)
The panel will consider the claim and will inform the claimant in writing of the outcome of the appeal within 10 working days.
10 Whistleblowing
If a member of staff doubts the merit of a claim or suspects that a fraudulent claim is being made then they should first discuss with their line manager. If a member of staff is not satisfied with the response then they should follow the process detailed in the Whistleblowing policy.
11 Communication
This policy will be communicated to all staff via the e-bulletin and will be available on the intranet site. Managers will raise awareness through team meetings.
Staff need to be able to advise service users of the process in respect of a situation where a claim could arise.
12 Monitoring and auditing
The Audit Committee will play a role in the monitoring and auditing of the effectiveness of this policy.
Losses paid in respect of loss or damage of personal property will be reported to the Committee. There may also be on occasion, lessons to be learnt from the claims received by the panel. Where relevant, these will be included on the report to the Audit Committee.
13 Information Governance Statement
This policy has the potential to deal with sensitive information and Public Health Wales staff involved in any claim need to be fully aware of the material they are handling. The preferred method of information exchange should be via the Royal Mail, however due to time constraints the use of password protected emails is permitted.
Any materials/documents that form part of the claim should be transported in a secure manner to ensure maintenance of confidentiality and minimise risk of loss and the following security measures should be followed:
1. Documents should be sent by recorded delivery post with double enveloped contents.
2. Documentation for the claim should be viewed on a “need to know basis”
3. All documents should be stored in the appropriate secured storage facilities and destroyed confidentially in accordance with Public Health Wales retention and destruction guidelines
4. Use of e-mail to transmit documentation relating to a claim is permitted. Any email inside the NHS Wales network is deemed as secure and the use of emails containing sensitive information is permitted. However this is not true of any external (non NHS) email system and the appropriate extra security measures must be taken, i.e. encryption. Though it should be noted that some E-mail systems will block password protected emails, therefore confirmation of receipt must be confirmed.
5. Information and passwords must be sent in separate emails if extra security measures are deemed necessary.
6. With all email systems the sender must however check that the recipient is correctly addressed.
John Morley, Information Governance Manager
Date: 26.07.12
Appendix 1
Report of loss or damage to personal property
This form should be used for reporting financial loss resulting from an act of failure of Public Health Wales or its staff. Completion of the form does not give rise to Public Health Wales accepting legal liability.
TO BE COMPLETED IN TRIPLICATE: Copies to be sent to the Line Manager (for staff) for signature or to relevant Divisional Director (for service users/visitors) and then a copy forwarded to the Corporate Services Manager for submission to the Claims Panel and also to the claimant.
A. / Details of claimantName:
Job title
Address:
Telephone no:
Please state whether you are Member of Staff/Service User/Visitor:
……………………………......
B. / Details of Loss or Damage
1. / Site where loss or damage occurred:
2. / Date of occurrence:
3. / Date reported:
4. / Name of witness (if any):
(N.B All Witness Statements must be attached to this report)
5. / Description of item lost or damaged (any further details please attach to the claim)
6. / Brief description of circumstances under which loss/damage occurred and reason. (N.B statement to be attached if fuller details necessary)
7. / Nature of damage to item:
8. / Can the item still be used:
9. / (a) Original cost of item £
(b) Cost of repair £
10. / Date and Place of Purchase:
11. / If beyond repair, reason why:
12. / (a) Is insurance cover held under which the loss may be claimed:
13. / (b) If answer to (a) is yes, enter details of insurance cover and
indicate if claim has been made or is intended to be made:
14. / (c) If answer to (a) is no, do you wish to claim from Public Health Wales?
15. / Have you reported the loss to the police?
C. Declaration by claimant
Claimant:
I ………………...... certify that the information stated on this form is a true and correct statement of the facts as related by myself, and in consequence of the loss/damage to my property as listed in Section B.
I wish/do not wish to make a claim for compensation (delete as appropriate), I further certify that in the event of my receiving compensation from an insurance company, any money received by me from Public Health Wales will be repaid, where claimed, to that Trust.
Signed……………………………………Dated……………………………
D. This section to be completed by the Line Manager (where the claimant is a member of staff) & Divisional Director when submitting a claim
Line manager (for service users/visitors please pass to divisional director for authorisation)
I have examined the circumstances of the above claim and all the supporting documents, and accordingly submit it to the Claims panel for consideration. In doing so, it is my decision to SUPPORT/NOT SUPPORT (delete as appropriate) this claim in view of the details provided.
Briefly state the reasons for your decision:
Signed……………………………………Dated……………………………
Divisional Director authorisation:
SUPPORT/NOT SUPPORT
Briefly state the reasons for your decision:
Signed……………………………………Dated……………………………
Date: 10.04.13 / Version: V1 / Page: 9 of 11