Professional indemnity insurance (BAV) for a self-employed educationalist
As a self-employed educational psychologist you usually work on the instructions of someone else: a youth care provider, a local authority or a school. The terms of that engagement more often determine what you risk than your own support work does.
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In brief
Before you start an engagement there is a contract. It almost always contains a minimum sum insured per claim, and often an indemnity clause under which you take on the client's loss. That last is a problem: liability you carry solely through such a clause and that would not exist without that contract is excludedon virtually every professional policy. Read the clause before you sign and, if in doubt, have it reviewed; arranging a clause afterwards is no longer possible.
In substance your risk lies in what you record and advise. A support plan, an opinion on a child's future placement or a report used in child protection proceedingscan have far-reaching consequences for a family. If your conclusion is later held to be inadequately supported, the claim comes down to financial loss: a programme that has to be run again, extra costs, time lost. That is what this insurance is intended for; the general explanation is on the hub page and the points specific to self-employed professionals are at professional indemnity for self-employed professionals.
If you are registered with the SKJ, you are subject to disciplinary law. A disciplinary complaint does not lead to compensation and therefore in principle not to a payment either, but the outcome is used as an indication in civil proceedings. Some insurers pay the defence costs in a disciplinary case through a separate clause; ask about it expressly and also look at business legal expenses insurance.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
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Get coveredWhy arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
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We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
Points to note in your engagements
Four points that pinch more often for a self-employed educational psychologist than the premium.
Subcontracting is not cover
If you work under the banner of a youth care provider, that provider is liable to the client, but it can bring a claim against you. Article 6:171 of the Dutch Civil Code makes the principal liable for your mistake, after which he puts it to you. You are not an insured person on his policy unless that has been confirmed in writing. Do not assume it on the basis of a verbal assurance.
Outpatient work in family homes
Support at the kitchen table brings risks that do not fall under professional cover: a laptop knocked over, a damaged floor, a dog that reacts. Damage to property at a client's belongs on a public and employers' liability insurance. If you work with children in traffic or transport them in your car, check your motor insurance; Article 2 of the Dutch Motor Insurance Liability Act (WAM) requires insurance and passengers are not automatically covered for injury.
Your file is your defence
When a claim arises, the question is whether your conclusion is traceable. Note which information you used, which observations you made, who you spoke to and why you reached your advice. State in your engagement confirmation what you do not do: no assessments outside your expertise, no statements about parental authority, no statement about a child you are supporting.
Costs you bear yourself
The following, among others, are outside the cover: fines and disciplinary measures, refunding your hourly rate where a client is dissatisfied, liability arising from a warranty or an indemnity, loss caused by intent or wilful recklessness under Article 7:952 of the Dutch Civil Code, and claims arising from a circumstance you already knew about when you applied. Failing to disclose that affects payment through Articles 7:928 and 7:930 of the Dutch Civil Code.
What does your premium depend on?
- Annual turnover from assignments: the basis for the rate
- Type of work: support, assessment or advice under court-ordered measures
- Type of client: local authorities, schools and youth care providers set their own requirements
- Requested sum insured: often determined by the client's purchasing terms
- Excess per claim: a higher excess reduces the rate
- Run-off period: important if you change clients or stop
Insurers weigh these details differently. That is where your saving is.
What falls under which policy
| Situation | AVB | BAV |
|---|---|---|
| An opinion on a child's future placement based on one meeting that fails in proceedings, after which the programme has to start again | No | Yes |
| A support plan that lacks an indication, so that the local authority does not fund the help | No | Yes |
| Injury to a child who falls during an exercise in the family's garden | Yes | No |
| Damage to a consulting room you rent by the half-day | Provided that | No |
| The cost of defending yourself against a parent holding you liable | No | Yes |
| Your hours rewriting the report after criticism from the client | No | No |
The AVB covers injury and damage to property on the road and on site, the BAV the financial consequences of your advice and reports.
Frequently asked questions
This is what people ask us most.
My client requires insurance. Is public and employers' liability insurance enough?
Usually not. Public and employers' liability insurance covers injury and damage to property, while your mistakes lead to financial loss without injury. Purchasing terms therefore often ask for both covers with a stated minimum amount. Send the relevant contract clause with your application, so that it can be checked specifically.
I have signed an indemnity. What does that mean for my cover?
An indemnity extends your liability beyond what the law imposes on you, and that is precisely the part that is excluded. If the liability stays within the statutory limits, nothing changes. Preferably have the clause deleted or limited to your liability in law; insurers assess that contract by contract.
What if a parent sues me personally although I was working for an institution?
That can happen, even where the institution was formally the client. You are responsible for your own professional conduct. Report the claim to your insurer at once, admit nothing and refer the parent to the complaints procedure. The insurer determines the line of defence and, where necessary, consults the institution's insurer.
Are emails and files containing family data a separate risk?
Yes. You process special category personal data about minors, often on your own laptop. An email sent to the wrong address or a stolen device is a data breach and not a professional error; investigation, notification and liability towards the data subjects belong on a cyber insurance.
Every situation is different. For these situations we have a separate page.
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