Not necessarily.
In Hughes v Rattan [2022] EWCA Civ 107, the Court held that a dental-practice owner owed a patient a non-delegable duty of care for treatment provided by self-employed associate dentists.
Significantly, he was not vicariously liable for them.
Why does this matter to providers and commissioners of conflict management and physical intervention training?
A certificate, insurance policy, approved-provider status or contractual indemnity does not, by itself, establish that a programme is suitable for a particular workforce, environment or service-user population.
Training must reflect foreseeable risks, staffing levels, individual vulnerabilities and operational reality.
It must also be properly implemented, monitored, refreshed and reviewed following incidents.
Non-delegable duties are exceptional and fact sensitive.
However, describing someone as “self-employed”, “agency staff” or an “independent contractor” does not end the legal analysis.
Saying “the contractor did it” may provide an explanation, but it is not necessarily a defence.
You can delegate the task, but not necessarily the legal responsibility for its careful performance.
Watch Trevels video to find out more:
Contact us to learn more: https://nvcawareness.co.uk/contact/
