Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Advice · minors · limitation periods
Liability for educationalists
Your client is a minor, the person instructing you is not, and the period within which the child can later hold you liable themselves runs on long after your last session.
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In brief
Work in child psychology and pedagogy involves a triangle: the child, the parents or those with parental authority, and the body that pays. A complaint therefore rarely comes from the person you worked with. A parent without parental authority who feels excluded, a school that adopted a piece of advice, or years later the client, now an adult: all three can rely on Article 6:162 of the Dutch Civil Code.
That last route makes your cover different from that of other advisers. A minor cannot bring proceedings independently until they are eighteen, and until then the limitation period does not run out against them. On a claims-made policy the day of the claim counts. Anyone who closes their practice without run-off cover for the years in which they worked with children is then on their own.
Outside the cover: the cost of disciplinary proceedings unless separately insured, fines and remediation costs imposed on the institution itself, transgressive behaviour and other deliberate conduct (Article 7:952 DCC), and a dispute about your fee or redoing your own assignment.
What does liability cover for child psychologists and pedagogues?
The structure of the cover in three parts, with an overview per situation below.
Assets and continuity
Business contents, goods and lost turnover during downtime.
- Business contents at replacement value as new
- Goods at cost price
- Business interruption or additional costs
Staff
Sickness absence, accidents and the traffic risk.
- Continued pay for 104 weeks
- Group personal accident
- WEGAS for traffic risks
What is covered
| Situation | AVB | BAV | Cyber |
|---|---|---|---|
| Injury to a visitor or customer | Yes | No | No |
| Damage to a client's property | Sometimes | No | No |
| Financial loss caused by an advisory or calculation error | No | Yes | No |
| Downtime after a ransomware attack | No | No | Yes |
| Data breach involving personal data | No | Sometimes | Yes |
| Damage to property in your care | No | No | No |
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
The file and consent are the same defence
In this work the complaint is almost never about an act, but about what was discussed, with whom and with whose agreement. Record who holds parental authority, who gave consent for assessment and reporting, and which information went to whom. A claim that comes years later is judged on what the file shows. If consent from the second holder of parental authority is missing, the defence falls away.
Run-off cover is no formality here
Advice on attachment, placement, contact arrangements or choice of school is often only questioned in adulthood. If you close your practice or take up employment, arrange run-off cover and decide how many years it covers. Insurers usually offer a standard period that is shorter than the period in which a former minor client can still come forward. Ask expressly for an extension and have the period stated on the policy.
Disciplinary proceedings and liability do not run in step
A complaint to the professional register concerns your conduct as a professional; a civil claim concerns loss. They can follow one another, but a policy covering liability does not automatically pay for your defence in disciplinary proceedings. Ask for a separate section for assistance in disciplinary matters and check whether it also applies where the complaint does not lead to a claim for damages. Without that section you pay for the legal assistance yourself.
The reporting code forces you into conduct that can be criticised
You can be held to account both for reporting a suspicion and for not reporting it. Both routes run through Article 6:162 DCC. What protects you is the visibility of your reasoning: the steps you went through, who you consulted and what observations you based yourself on. Note that reasoning at the time. A reconstruction afterwards carries considerably less weight in proceedings.
What does your premium depend on?
- Client group and complexity — Work in child protection or complex divorces is weighted differently from parenting support.
- Assessment and reporting — Producing reports on which decisions follow weighs more heavily than support work.
- Run-off period — The number of years cover continues after termination; with minor clients this is the key choice.
- Assistance in disciplinary proceedings — Insuring your defence in disciplinary proceedings is a separate section with its own limit.
- Size of the practice — The number of clients per year and whether you work with colleagues or trainees for whom you answer.
- Sum insured and excess — The sum per claim and per year, set against the amount you carry yourself.
Insurers weigh these details differently. That is why comparing pays off.
How we arrange it
- You request a quoteWe take stock of your activities, turnover and wishes.
- We compareseveral insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in cover.
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Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Frequently asked questions
The questions we are asked most often about this.
Can a client still hold me liable once they are an adult?
That is the risk this cover is designed for. A minor cannot act independently during the treatment, and only as an adult do they reassess the programme. So your policy must not only be in force during the work, but must also provide cover at the later moment of the claim. You arrange that with run-off cover of sufficient length.
A parent without parental authority lodges a complaint. Am I liable?
Not automatically, but the complaint does affect your cover because a claim can follow from it. The allegation is usually about information: a report was produced without this parent being heard or informed. So record in writing at the outset who holds parental authority and what duty to inform follows from it, and report the complaint to your insurer.
I work under instruction from a local authority or institution. Is their policy enough?
It covers the institution itself first and foremost. As a non-subordinate contractor you are rarely covered by it; the institution can also be held liable under Article 6:171 DCC and then recover the loss from you. Ask for the policy schedule and for confirmation that you count as an insured. If that is missing, keep your own cover in place.
When do I have to notify my insurer?
As soon as there is a circumstance that could lead to a claim, Article 7:941 DCC requires notification. In this work that is often the moment a parent or institution expresses doubts in writing about your report or your conduct. Notify that within the current policy period. A claim submitted later then falls back on the year of notification.
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About our service
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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This page was written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.