Insurance and replacement hearing aids

All users of hearing aids and cochlear implant processors which are provided free of charge by the NHS have a right to use this equipment without fear of being charged for replacement or repair by the NHS. 

Agreed by the NDCS Trustee Board on 1 February 2003.

The NHS provides hearing aids, cochlear implant equipment and other auditory support products free of charge because the user has an essential need for it. It is therefore a necessity. If the user has a continuous need for such equipment they should be able to do so without fear of non-provision by the health authority, trust or implant team. This should also be the case whilst a dispute is taking place between patient, their carer and the health authority or trust, following loss or damage.

Following a request by the NDCS for clarification of issues pertaining to insurance and replacement, the NHS Executive issued a document to audiology departments (Hearing Aid Services Provided By Audiology Departments, Department of Health NHSCC, 22 December 1995). This document has been used as a basis for the Society’s policy, which is designed to inform parents of deaf children and young people of their rights and responsibilities in relation to this issue.

  • NDCS believes that it is unreasonable to expect parents or users to insure their child’s (own) hearing aids.
  • The Department of Health document states clearly that health authority and trusts (audiology or cochlear implant teams) cannot ask you to insure your child’s hearing aids or processor. However you can be asked to pay for any loss or damage (classed as ‘act or omission’ in the NHS document) of the aid. For these reasons parents may wish to ‘cover’ the risk of being charged by taking out (indemnity) insurance. However, it would be wrong for the health authority or trust to charge you more than it costs them to replace the aid. It would also be wrong for them to charge you more than it costs them to repair the aid.
  • Although legally you can be charged if loss or damage has occurred, you have the right to challenge the health authority over such action. It is important to remember that the health authority must be able to prove that you (or your child) have been negligent.
  • In addition, the health authority or trust cannot charge you for loss or damage unless they convene a panel (committee) of at least three people who will need to meet to discuss the issues relating to this incident. They must notify you that this committee is to meet, and you have a right to attend such a meeting to express your views. This committee must not be biased in favour of the health authority or audiology department, and previous incidences of loss or damage should not be considered as this may prejudice the case.
  • Whilst a dispute with the audiology department or implant team is taking place, it has a duty to continue to provide the child with the most appropriate aid/processor to meet their individual needs.
  • Should the health authority decide they have a right to charge for loss or damage to a hearing aid, the NDCS believes that the health authority can be challenged. If such situations arise, you should contact NDCS for guidance. No child should be without hearing aids or cochlear implant equipment, which meets their specific needs and has been chosen for them by their clinician. 
Insurance of Radio Aids

A fundamental principle of the Government's SEN Code of Practice is that "parents have a vital role to play in supporting their child's education". To help facilitate this, NDCS recommends that LEAs allow children to use the LEA provided radio aid and other equipment outside school hours (for example, during evenings, weekends and school holidays). At such times, the education service has a role to ensure that the child's parents or carers are educated in the care and use of the equipment, that it is treated appropriately and returned to school as required.

NDCS is aware that some parents/carers have been asked by their local education authority to insure radio aids or related equipment against loss or damage.

NDCS believes that parents/carers must not be forced to insure their child’s radio aid equipment, and pressure must not be put on families to insure it. Equipment purchased by the local education authority (LEA) remains the LEA’s property. It is therefore the school or LEA’s responsibility to make provision for repair or replacement of broken or lost equipment as required.

It is inevitable that equipment that is used on a daily basis by children will occasionally be lost or damaged. In this case, LEAs should repair or replace the equipment with minimum disruption to the child’s access to such equipment. If equipment cannot be repaired on-site, a temporary replacement of equivalent functionality should be provided without delay.

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