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Child Protection in Sport
Introduction Governing bodies and other national sporting organisations have a duty of care to ensure the safety of young people participating in their sports. This paper sets out advice and information for members on child protection issues. Definition of Child Abuse There are four commonly recognised categories of child abuse. These are: Physical Abuse - hurting or injuring a child, for example, by hitting or shaking them. This category is also likely to include bullying. Sexual Abuse - when an adult exploits their power, authority or position and uses a child sexually to gratify their own needs - it could range from sexually suggestive comments to full intercourse. Emotional Abuse - when a child is not given love, help and encouragement and is constantly derided, ridiculed or ignored. This also includes racially and sexually abusive remarks. Neglect - this usually means failing to meet children's basic needs such as food, warmth, adequate clothing, medical attention etc. It could also mean failing to ensure they are safe or exposing them to harm. Bullying is often added to this list although it is not a category to be considered when a child’s name is placed on the child protection register
Legislative Framework While there are a number of laws relating to child protection, they generally do not impose any specific legal obligations on governing bodies or their clubs. However sport should be aware of child protection laws since they may be used in any legal proceedings relating to child abuse. The Government is trying to create a culture of vigilance on child protection issues, including appropriate background checks on individuals. The Criminal Records Bureau has been operational since 2002 and enables employers to access criminal records information to check on the suitability of applicants. Enhanced disclosures include details of spent and unspent convictions, information held by the Department of Health and the Department for Education and Skills, and in some cases additional information from local police forces. While at present there is no legal obligation on governing bodies to carry out background checks they are strongly recommended to do so. Government guidance relating to the Criminal Justice and Court Services Act 2000 states: "although these checks are voluntary for some organisations, they are very strongly recommended. No responsible individual, group or organisation that is involved in working with children should take on someone without first making enquiries as to their background. While these may not always involve criminal record checks (for example where a recent check has been made and the subsequent period is fully accounted for) a check should always be considered. There should be a common sense approach. The welfare of children should be paramount". The 2000 Act also makes it an offence to knowingly offer employment to anyone who is disqualified from working with children as part of their Court sentence. Governing bodies should also be aware of the Department for Education and Skills guidance note, Working Together to Safeguard Children 2006, which makes it a statutory duty for a local authority to adopt working practices and procedures to deal with child protection issues. Culture and leisure services within the local authority are subject to this statutory guidance. The 1991 guidance note, Working Together Under the Children Act, established Area Child Protection Committees. These are local multi-agency forums which are responsible for developing, monitoring and reviewing child protection policies. These Committees have now been replaced by Local Safeguarding Children Boards (from April 2006). The Children Act of 2004 and Working Together to Safeguard Children 2006 are valuable documents in that they refer to sport, leisure and voluntary agencies as having a valuable role to play in safeguarding children.
Recommended Guidance The most comprehensive guidance from Government on drawing up child protection polices was contained in the 1993 Home Office document Safe from Harm. This contained a series of recommendations for voluntary organisations, such as drawing up a clear policy statement and reducing potential situations for abuse to occur. There are also existing models of good practice to which governing bodies and clubs can refer. These include child protection documents drawn up by the Amateur Swimming Association, the Football Association and the Scout Association. In 2002 the NSPCC and Sport England created the Child Protection in Sport Unit (CPSU) to support sporting bodies in safeguarding children. The CPSU has created child protection standards for sport to help sporting organisations focus on good practice in child protection. The CPSU has also developed a specimen child protection policy to help organisations fulfil their duty of care in child protection (see www.thecpsu.org.uk). While child protection policies will differ between organisations there are a number of basic aspects governing bodies should consider. These are: A Clear Policy Statement - There should be a clear statement committing the organisation to child protection polices. For example, the Scout Association issued a 'yellow card' to all of its adult members which states: "It is the policy of The Scout Association to safeguard the welfare of all members by protecting them from physical, sexual, and emotional harm". Good practice guidelines should be issued to all staff to help members ensure that their behaviour is always appropriate. The Scout Association's 'yellow card' contains a code of conduct outlining the do's and don'ts which are essential for all adults working with young people. Education & Communication - There should be clear lines of communication in order to raise awareness of child protection policies amongst members. In particular there should be a programme for educating key individuals such as coaches, officiators and senior NGB staff in child protection measures. For example the Football Association provides training, with child protection part of FA Coach, Medical Education and Referee Courses. It is also important to adopt a strategy to communicate effectively with all parties (as appropriate) once an investigation has begun to keep them fully informed of progress. Procedures - A reporting process should be put in place for individuals to raise suspected cases of abuse. An individual who becomes aware of abuse should be able to approach a senior club official or designated child protection officer with their concerns. Some larger governing bodies, such as the Amateur Swimming Association, have phone lines which people can call in confidence. The procedures for reporting concerns should be made known to all staff so that everyone is clear what actions should be taken. Clear guidelines should be put in place for dealing with reported incidents. Each governing body should consider having a Child Protection Officer at senior level to help deal with cases. In some instances it may be necessary to involve the police or social services. Comprehensive child protection policies may also include good practice to help prevent cases of abuse. For example, situations where adults are alone with children should be avoided. Monitoring and Evaluation - All suspected cases of abuse should be reported to the governing body, so that it can keep an accurate record of child protection cases. Furthermore systems should be developed in the longer term to monitor and evaluate the effectiveness of procedures. Recruitment - As stated earlier, it is recommended that governing bodies have procedures in place to prevent unsuitable people working within the organisation. Where a person has substantial contact with children this should combine criminal record checks with other forms of recruitment practices, such as application forms and references (for further information on this click here). Organisations should carry out retrospective checks on existing staff.
Conclusion Child protection is an increasingly important issue for sporting organisations. This paper has attempted to provide some background and advice. Governing bodies are strongly recommended to draw up and implement child protection policies. As the Football Association has said, "Non-action is not an option in child protection". Disclaimer: The views expressed in this document do not constitute any legal advice but are views that have been gleaned by the author from various information sources.
Appendix Below is a list of relevant legislation and Government guidance notes: • The Children Act 1989
• Working Together Under the Children Act - Department of Health - 1991
• Safe from Harm - Home Office-1993
• The Police Act 1997
• Working Together to Safeguard Children - Department of Health - 1999
• The Protection of Children Act 1999
• Caring for the Young and the Vulnerable- Home Office- 1999
• Criminal Justice and Court Services Act 2000
• Human Rights Act 2000
• Every Child Matters 2004
• Children Act 2004
• Working Together To Safeguard Children 2006 Useful contact addresses: • Steve Boocock, Child Protection in Sport Unit, NSPCC National Training Centre, 3 Gilmour Close, Beaumont Leys, Leicester LE4 1EZ
Tel: 0116 234 7228 • Website: www.thecpsu.org.uk
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Introduction
Governing bodies and other national sporting organisations have a duty of care to ensure the safety of young people participating in their sports. This paper sets out advice and information for members on child protection issues.
Definition of Child Abuse
There are four commonly recognised categories of child abuse. These are:
Physical Abuse - hurting or injuring a child, for example, by hitting or shaking them. This category is also likely to include bullying.
Sexual Abuse - when an adult exploits their power, authority or position and uses a child sexually to gratify their own needs - it could range from sexually suggestive comments to full intercourse.
Emotional Abuse - when a child is not given love, help and encouragement and is constantly derided, ridiculed or ignored. This also includes racially and sexually abusive remarks.
Neglect - this usually means failing to meet children's basic needs such as food, warmth, adequate clothing, medical attention etc. It could also mean failing to ensure they are safe or exposing them to harm.
Bullying is often added to this list although it is not a category to be considered when a child’s name is placed on the child protection register
Legislative Framework
While there are a number of laws relating to child protection, they generally do not impose any specific legal obligations on governing bodies or their clubs. However sport should be aware of child protection laws since they may be used in any legal proceedings relating to child abuse.
The Government is trying to create a culture of vigilance on child protection issues, including appropriate background checks on individuals. The Criminal Records Bureau has been operational since 2002 and enables employers to access criminal records information to check on the suitability of applicants. Enhanced disclosures include details of spent and unspent convictions, information held by the Department of Health and the Department for Education and Skills, and in some cases additional information from local police forces.
While at present there is no legal obligation on governing bodies to carry out background checks they are strongly recommended to do so. Government guidance relating to the Criminal Justice and Court Services Act 2000 states:
"although these checks are voluntary for some organisations, they are very strongly recommended. No responsible individual, group or organisation that is involved in working with children should take on someone without first making enquiries as to their background. While these may not always involve criminal record checks (for example where a recent check has been made and the subsequent period is fully accounted for) a check should always be considered. There should be a common sense approach. The welfare of children should be paramount".
The 2000 Act also makes it an offence to knowingly offer employment to anyone who is disqualified from working with children as part of their Court sentence.
Governing bodies should also be aware of the Department for Education and Skills guidance note, Working Together to Safeguard Children 2006, which makes it a statutory duty for a local authority to adopt working practices and procedures to deal with child protection issues. Culture and leisure services within the local authority are subject to this statutory guidance.
The 1991 guidance note, Working Together Under the Children Act, established Area Child Protection Committees. These are local multi-agency forums which are responsible for developing, monitoring and reviewing child protection policies. These Committees have now been replaced by Local Safeguarding Children Boards (from April 2006).
The Children Act of 2004 and Working Together to Safeguard Children 2006 are valuable documents in that they refer to sport, leisure and voluntary agencies as having a valuable role to play in safeguarding children.
Recommended Guidance
The most comprehensive guidance from Government on drawing up child protection polices was contained in the 1993 Home Office document Safe from Harm. This contained a series of recommendations for voluntary organisations, such as drawing up a clear policy statement and reducing potential situations for abuse to occur.
There are also existing models of good practice to which governing bodies and clubs can refer. These include child protection documents drawn up by the Amateur Swimming Association, the Football Association and the Scout Association. In 2002 the NSPCC and Sport England created the Child Protection in Sport Unit (CPSU) to support sporting bodies in safeguarding children. The CPSU has created child protection standards for sport to help sporting organisations focus on good practice in child protection. The CPSU has also developed a specimen child protection policy to help organisations fulfil their duty of care in child protection (see www.thecpsu.org.uk).
While child protection policies will differ between organisations there are a number of basic aspects governing bodies should consider. These are:
A Clear Policy Statement - There should be a clear statement committing the organisation to child protection polices. For example, the Scout Association issued a 'yellow card' to all of its adult members which states:
"It is the policy of The Scout Association to safeguard the welfare of all members by protecting them from physical, sexual, and emotional harm".
Good practice guidelines should be issued to all staff to help members ensure that their behaviour is always appropriate. The Scout Association's 'yellow card' contains a code of conduct outlining the do's and don'ts which are essential for all adults working with young people.
Education & Communication - There should be clear lines of communication in order to raise awareness of child protection policies amongst members. In particular there should be a programme for educating key individuals such as coaches, officiators and senior NGB staff in child protection measures. For example the Football Association provides training, with child protection part of FA Coach, Medical Education and Referee Courses.
It is also important to adopt a strategy to communicate effectively with all parties (as appropriate) once an investigation has begun to keep them fully informed of progress.
Procedures - A reporting process should be put in place for individuals to raise suspected cases of abuse. An individual who becomes aware of abuse should be able to approach a senior club official or designated child protection officer with their concerns. Some larger governing bodies, such as the Amateur Swimming Association, have phone lines which people can call in confidence.
The procedures for reporting concerns should be made known to all staff so that everyone is clear what actions should be taken.
Clear guidelines should be put in place for dealing with reported incidents. Each governing body should consider having a Child Protection Officer at senior level to help deal with cases. In some instances it may be necessary to involve the police or social services.
Comprehensive child protection policies may also include good practice to help prevent cases of abuse. For example, situations where adults are alone with children should be avoided.
Monitoring and Evaluation - All suspected cases of abuse should be reported to the governing body, so that it can keep an accurate record of child protection cases. Furthermore systems should be developed in the longer term to monitor and evaluate the effectiveness of procedures.
Recruitment - As stated earlier, it is recommended that governing bodies have procedures in place to prevent unsuitable people working within the organisation. Where a person has substantial contact with children this should combine criminal record checks with other forms of recruitment practices, such as application forms and references (for further information on this click here).
Organisations should carry out retrospective checks on existing staff.
Conclusion
Child protection is an increasingly important issue for sporting organisations. This paper has attempted to provide some background and advice. Governing bodies are strongly recommended to draw up and implement child protection policies. As the Football Association has said, "Non-action is not an option in child protection".
Disclaimer: The views expressed in this document do not constitute any legal advice but are views that have been gleaned by the author from various information sources.
Appendix
Below is a list of relevant legislation and Government guidance notes:
• The Children Act 1989
• Working Together Under the Children Act - Department of Health - 1991
• Safe from Harm - Home Office-1993
• The Police Act 1997
• Working Together to Safeguard Children - Department of Health - 1999
• The Protection of Children Act 1999
• Caring for the Young and the Vulnerable- Home Office- 1999
• Criminal Justice and Court Services Act 2000
• Human Rights Act 2000
• Every Child Matters 2004
• Children Act 2004
• Working Together To Safeguard Children 2006
Useful contact addresses:
• Steve Boocock, Child Protection in Sport Unit, NSPCC National Training Centre, 3 Gilmour Close, Beaumont Leys, Leicester LE4 1EZ
Tel: 0116 234 7228 • Website: www.thecpsu.org.uk
