Advice & Articles

These should always be handled with care both pre and post treatment advice. Always go with what you were taught to do in these situations but refer to us if unsure. Where a product or procedure for example requires a patch test, as required by the insurance policy wording conditions, please make sure you perform it: if you do not comply then your claim could be rejected. We have processed many cases for Intense Pulse Light (IPL). It is particularly important that a patch test is completed for IPL at least 24 hours in advance, and that the treatment is given at the same strength of laser as the patch test was performed. If you wish to increase the strength of the laser, a further patch test must be taken.

Do make sure that you give clients adequate post treatment advice and information detailing possible reactions which may occur. These could include information about possible physical discomfort or even temporary reduced mobility and how to deal with it. Explain to them that if symptoms do not subside after a reasonable period they should contact you for further advice. You should note this advice in their records.

The issues relating to the treatment of minors are full of contention. The insurance policies we offer and arrange require that the consent of a parent or guardian be sought before treatment for those under 16, however there is legal precedent for when this may not necessarily be the case and our policies reflect this to include Fraser guidelines and ‘Gillick competency’. It is viewed in UK law that a minor can make their own decisions related to their health, according to ‘Gillick competency’ and the ‘Fraser guidelines’ where appropriate. A UK Law Lords ruling in the early 1980’s on the Gillick Contraception case states:

“...whether or not a child is capable of giving the necessary consent will depend on the child’s maturity and understanding and the nature of the consent required. The child must be capable of making a reasonable assessment of the advantages and disadvantages of the treatment proposed, so the consent, if given, can be properly and fairly described as true consent.”

And that

“Parental right yields to the child’s right to make his own decisions when he reaches a sufficient understanding and intelligence to be capable of making up his own mind on the matter requiring decision.”

Gillick Competence and the Fraser guidelines originally issued in connection with contraception advice, have since cascaded into other areas especially those concerning the health and well-being of the minor involved.  Whether you choose to treat a minor or not without parental consent, based upon the above will be individual to you and your own conscience, but regardless of this, do bear in mind that the statute of limitation is much longer and may be overturned in the case of minors. This is why we always recommend you keep case notes indefinitely and include your rationale as to why you decided to treat /advise without parental consent, in order to defend a late discovered claim.

If you are providing a demonstrating session, or quick taster treatment perhaps on a stand at a show, you still need to keep a record of the date and name of the person you have treated, and to ask them about relevent medical history questions.

We have had cases where people have made a claim in this situation, and it was the therapist’s notes that showed the Individual was not treated at the time, thus the claim was repudiated.

We regularly get clients who prejudice their claims by trying to pacify injured, difficult or angry clients with refunds, purchasing remedies, paying medical expenses or offering free treatments – please don’t as this may invalidate your insurance cover – come to us first and we will guide you through these situations!  Remember - it is a requirement of the insurance offered and arranged by Balens to inform us of any incident that MAY give rise to a claim. The sooner you inform us, the sooner we can help you to deal with the situation, and give guidance to help prevent the incident turning into a claim against you.

Your client notes are more than admin; they can be an important line of defence if something goes wrong or if a client makes a complaint or claim against you. Clear, complete and accessible records help you to support safe treatments, meet best practice guidelines and insurance requirements, and protect your livelihood.

Read our article on the importance of record-keeping.

It may be a trope, but we understand that the odd waistline or two may have increased slightly over lockdown. This can have consequences for therapists who use equipment with weight limits as part of their practice.

At Balens we have noticed a number of incidents where massage couches have buckled when a therapist's client has got on them, and it appears this is because the weight limit of the couch has been exceeded. We understand this can be a sensitive subject, and difficult for therapists to breach with their clients. However it's important that therapists can find a way of discussing this with their clients, should they have concerns that the limits may be exceeded. 

Please remember, if any client makes a complaint or claim against you, it is important to contact your Insurance Broker for support and guidance as soon and as early in the process as possible. Don't wait for situations to escalate, your Broker is there for you, not to judge, but to provide the benefit that you purchase your insurance for. A complaint handled well may lead to a happy client for years to come, if handled badly, it could lead to a potentially stressful and time consuming claim. For a list of dos and don'ts in some common complaint situations, please see Balens website Claims - Balens Ltd.  

Unfortunately people are still having their claims reduced due to under insurance or forgetting to revise or add items. In commercial buildings and contents claims the insurer will proportionately reduce the level of pay out if you have not had sufficient cover in place. We strongly suggest that you remember to review and revise your insurance cover with us regularly. For businesses this may include additional equipment purchased, and for home owners this may include revising your sums insured for such items as jewellery. 

An example of underinsurance is; Stock and Contents with a value of £100,000 the insured only insures for the value of £50,000. A claim is made for £10,000 the claim may be proportionally reduced by 50% leading to a potential claim being paid to the value of £5000. 

You have a common law duty to mitigate losses in buildings and contents claims, so temporary repairs and prompt action to prevent further deterioration loss or damage are advisable. Please keep relevant receipts and documentation. Always let us know immediately if an incident occurs rather than delay matters and we will guide you through the process.

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If you are renting premises, in most cases you are likely to want to improve or add to the property. For example, moving into a new office and adding an air conditioning unit, perhaps you re-decorate or re-carpet. Please remember changes or improvements you make to the property or room are probably your responsibility to insure! If something were to happen to the building, the landlord may not be responsible for any changes you have made! Please also ensure your contents sum insured reflects any contents you are responsible for via a landlord’s contract.

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If you are performing a treatment at a client’s home, please remember that a non-permeable sheet must be put down to prevent any products making contact with your client’s furniture or floor coverings.