Research & Development Website
If you need an R&D reference number, you should find this on any correspondence we have sent you. If you have not received any correspondence from us, please contact the R&D Department and we can issue you with a number.
What are the Indemnity Arrangements for studies that are not commercially sponsored?
Question A76-1 Liability arising from the management of the research
Normally the Research Governance Sponsor will hold insurance or provide indemnity to cover their liabilities as Research Governance Sponsor. Where the sponsor is the employer of the Chief Investigator this is likely to be covered through insurance or indemnity for employers liability. If the sponsor is the LTHT then normal NHS Indemnity arrangement will apply. You should check with the R&D Department to confirm that the LTHT is the Sponsor. The REC will not be able to accept your submission until Sponsorship in principle is confirmed.
Question A76-2 Liability arising from the design of the research
The design of the research is the responsibility of the author and any co-authors of the protocol. Employers are responsible for the actions of their staff who design research studies as part of their employment. If the author is employed by a university, or the design of the research has been undertaken in the course of an honorary arrangement with a university, tick the response to indicate that other insurance or indemnity arrangements will apply and give details. This situation applies to researchers employed by a university, regardless of whether or not they hold any honorary contract with an NHS organisation.
For commercially sponsored research, the protocol will have developed the protocol and therefore be responsible.
Question A76-3 Liability arising from the conduct of the research
Employers are normally responsible for the actions of their staff who conduct research procedures as part of their employment.
However, where the research involves NHS patients under the care of NHS organisations (including independent contractors), indemnity for harm to participants resulting from clinical negligence is provided either through NHS schemes or through professional indemnity. R&D approval must be obtained in writing before the start of the research.
NHS indemnity covers NHS staff and academic staff with honorary contracts. NHS bodies cannot offer advanced indemnities nor take out commercial insurance for non-negligent harm as there is no legal liability where a person is harmed but no-one has acted negligently.
Question A77 Has the sponsor(s) made arrangements for payment of compensation in the event of harm to the research participants where no legal liability arises? (Also known as 'no-fault- compensation.)
For all Commercially Sponsored Research:
Arrangements for no fault compensation will normally be provided in accordance with the Association of British Pharmaceutical Industry (ABPI) or Association of British Healthcare Industry (ABHI) schemes. A copy of the form of indemnity must be included with the Agreement/Contract.
For non-commercial sponsored research:
Arrangements for no fault compensation cannot be made in advance by the NHS or other public bodies (e.g. MRC). Such organisations, although not accepting liability, may consider making an ex gratia payment on a voluntary basis in the event of a claim.
How do I identify the Research Sponsor?
Question A64-1 Lead Research Sponsor
The Research Governance Sponsor is the organisation which accepts and takes on the legal responsibility for the research project. This includes overseeing the management of the project in the Leeds Teaching Hospitals and any of the host participating sites.
In general, the Research Governance Sponsor is normally the organisation which substanively employes the Chief Investigator. The Chief Investigator has the delegated responsibility for managing the trial (writing the protocol, managing and running the study, enrolment of patients, reporting to regulatory authority as required and writing the study report). Some of these main responsibilities can be formally delegated to other persons or institutions.
What are the Sponsor Contact Details for the Trust and University?
Question A64-2 Sponsor's UK Contact Details
| The
Leeds Teaching Hospitals NHS Trust |
The University of Leeds |
| Dr Derek Norfolk | Ms Clare Skinner |
| Associate Director of R&D |
Research Manager |
| Department
of Research & Development |
Faculty of Medicine and Health |
| The Leeds Teaching Hospitals NHS Trust |
Level 10 Room 10.110 |
| 34
Hyde Terrace |
Worsley Building |
| Leeds |
University of Leeds |
| LS2 9LN | Leeds LS2 9LN |
| Tel: 0113 392 2878 | Tel: 0113 343 4897/34974 |
| Fax: 0113 392 6397 | Fax: 0113 343 4217 |
| Email: r&d@leedsth.nhs.uk | Email:c.e.skinner@leeds.ac.uk |
Who
is the Research Governance Lead for LTHT?
Question A68
- Give details of the lead NHS R&D contact for this research:
| The
Leeds Teaching Hospitals NHS Trust |
| Dr Derek Norfolk |
| Associate Director of R&D |
| Department
of Research & Development |
| The Leeds Teaching Hospitals NHS Trust |
| 34
Hyde Terrace |
| Leeds |
| Great George Street |
| LS2 9LN |
| Tel: 0113 392 2878 |
| Fax: 0113 392 6397 |
| Email:r&d@leedsth.nhs.uk |
| Back to Research Ethics Page |