Screening · matching · supervision of mentors
Professional indemnity insurance (BAV) for a mentoring agency
A mentoring agency does not supply advice but a link between two people. Your liability therefore mainly concerns who you select and how you supervise them.
- Several insurers compared objectively
- 9.5 customer rating for a new policy
- AFM licence 12016589
- Personal 072 - 509 24 56, weekdays 9–17
Deze pagina in het Nederlands: Beroepsaansprakelijkheidsverzekering voor een mentoring bureau.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Your product is the match. An agency links young people to an adult, students to a professional or people starting a business to an experienced entrepreneur, and provides support around that. So the allegation you can expect is rarely about the content of a conversation. It is about whether you screenedthe mentor sufficiently, whether the match was responsible given the mentee's vulnerability, and whether you supported and monitored the mentor along the way. That is a mistake by your organisation in its own right, judged under Article 6:162 of the Dutch Civil Code towards people who are not your client.
You also carry the conduct of others. For mentors on the payroll, Article 6:170 of the Dutch Civil Codeapplies; for self-employed professionals engaged, Article 6:171 of the Dutch Civil Code can come into play; and volunteers fall in between in law while they almost never have insurance of their own. So have it recorded on the policy schedule who counts as an insured person: staff, coordinators, interns and the volunteer mentors while working on your programme. Without that endorsement you face the loss and the defence costs alone when a claim arises.
If you work with minors, a recorded screening process belongs in how you run your organisation: a certificate of good conduct, references, an intake interview, a code of conduct with a confidential adviser and a reporting route. That is not only prevention; when a claim arises it is the evidence that you were careful. For the individual mentor the considerations are set out under the self-employed mentor. How this product works in general is set out on the hub page on the BAV.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
What to look out for
Four subjects that determine the outcome of a claim at an agency with mentors and mentees.
How your policy treats a mentor's conduct
Damage caused by sexual conduct or conduct of a sexual nature is excluded on virtually every liability policy for the person who committed it. The question is then whether your organisation still has cover for the allegation against it of inadequate screening or insufficient supervision. That differs from insurer to insurer; have this expressly investigated before you sign, especially if you work with minors.
Support the match
Note why a mentor fits a mentee, what information you received from the referrer and what limitations you passed on. An ill-considered match, for instance between a young person with serious problems and a volunteer with no experience of them, is the scenario in which a school, local authority or parent holds you to account for your own choice and not for the mentor's.
Data about young people
You process information about school, family and sometimes about care services. Work with a processing agreement with the referring party, restrict access and agree how mentors feed information back. The cost of a data breach and liability towards the data subjects belong on a cyber insurance; fines from the regulator are not insurable anywhere.
What falls outside the policy
Excluded are, among others: intent and wilful recklessness (Article 7:952 of the Dutch Civil Code); injury and property damage during outings, sport or transport, which belong on a public and employers' liability insurance; clawback of a grant for numbers not achieved or incomplete accounting; and contractual penalties under an engagement or a tender.
What does your premium depend on?
- Annual turnover or programme budget: the basis, including grant funding
- Number of active pairs: determines the exposure more strongly than the number of staff
- Age of the mentees: working with minors is assessed more strictly
- Use of volunteers: volunteers rarely have cover of their own
- Screening and code of conduct: a recorded process is taken into account in underwriting
- Activities besides the one-to-one meetings: outings and group sessions call for a separate assessment
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A mentee misses the application deadline for a course because your coordinator let the support lapse | No | Yes |
| On his mentor's advice, someone starting a business invests in a machine his business cannot support | No | Provided that |
| A mentor turns out to have a relevant criminal record you never asked for and a mentee suffers harm | No | Provided that |
| A volunteer mentor knocks the school's laptop off the table during a session | Yes | No |
| A mentee falls off a climbing frame during your annual group day | Yes | No |
| A school reclaims the programme fee because half the pairs never started | No | No |
Injury and damaged property during your activities belong on the AVB. The BAV is about the detriment caused by a programme carried out badly.
Frequently asked questions
This is what people ask us most.
Our mentors are volunteers. Who is liable if something goes wrong?
In reality, your organisation. The mentee or his parents claim against the agency that made the match and provided the supervision. Volunteers rarely have business insurance of their own, and their private policy usually does not cover work for an organisation. So have them included as insured persons on your policy and check whether some local authorities also offer collective volunteer cover.
A school is holding us liable because a programme was not carried out as agreed.
That is a complaint about your performance. Meetings that did not take place or a mentor who dropped out lead to a refund of your own fee sooner than to an insured loss. That part falls outside the policy. What is insured is the detriment caused by a mistake on your part. So set out in the engagement confirmation what you deliver and what happens if a mentor drops out.
Do we also need public and employers' liability insurance?
Almost always. As soon as you organise activities, transport participants or use a venue, injury or damage to property can occur. Such loss does not arise from a professional error and therefore falls under the AVB. Most agencies need both policies. Some insurers offer them combined, but do compare the exclusions in each section.
When do we report an incident to the insurer?
As soon as you know that a claim may follow. The duty to notify in Article 7:941 of the Dutch Civil Code runs from that moment, and under a claims-made policy your notification determines which insurance year the matter falls in. Also report a circumstance that is not yet a claim, such as a complaint from parents or a report through your confidential adviser. That keeps the matter within the current policy year.
Read more
Within Beroepsaansprakelijkheidsverzekering
- Beroepsaansprakelijkheidsverzekeringthe main page
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- Beroepsaansprakelijkheidsverzekering studiekeuzeadviseur zzp
- Beroepsaansprakelijkheidsverzekering mentor zzp
- Beroepsaansprakelijkheidsverzekering remedial teaching praktijk
- Beroepsaansprakelijkheidsverzekering loopbaanbegeleiding
- Beroepsaansprakelijkheidsverzekering pedagogische praktijk
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