Safeguarding Vulnerable Adults in Sport

John Burns, PartnerRizwana Ishaq, Senior Associate

What we will cover

Part One: background and legislation

Part Two: facilitating working with vulnerable adults

Part Three: case studies

What is a Vulnerable Adult?

• No Secrets Guidance [2000]:- • A person who is aged 18 years or over;• who is or may be in need of community care services by reason

of mental or other disability, age or illness; and• who is or may be unable to take care of him or herself, or unable

to protect him or herself against significant harm or exploitation.• Safeguarding Vulnerable Groups Act 2006 offers an alternative

definition. • Vulnerable adults vs. vulnerable children

Are these adults vulnerable adults?

Richard Whitehead Baroness Tanni Grey-Thompson

Vulnerable Adults in Sport• Vulnerable adults playing sports e.g. playing football

• Vulnerable adults officiating/coaching/working within a sports organisation e.g. working in a football club

• Vulnerable adults who are spectators e.g. attending a football club to watch a football match

• Safeguarding Adults Steering Group offers specific examples.

Abuse of Vulnerable Adults • What is abuse?

• "Abuse is a violation of an individual's human and civil rights by any other person or persons.” No Secrets Guidance [2000]

• Forms of abuse:

- Physical

- Sexual

- Psychological

- Financial/material

- Neglect/acts of omissions

- Discriminatory

• Who is the abuser?

• Who are the agencies involved in safeguarding vulnerable adults?

Key Legislation and Policies • Human Rights Act 1998• Data Protection Act 1998• Care Standards Act 2000• No Secrets: ‘Guidance on developing and implementing multi-agency policies and

procedures to protect vulnerable adults from abuse’ [2000]• Sexual Offences Act 2003• Mental Capacity Act 2005• Safeguarding Adults Framework: ‘A National Framework of Standards for good

practice and outcomes in adult protection work’ [2005]• Safeguarding Vulnerable Groups Act 2006• Equality Act 2010• White Paper: ‘Caring for our future: reforming care and support’ [2012]• The Protection of Freedoms Act 2012

Part Two: facilitating working with vulnerable adults in sport

Aims Positive engagement Reducing risk Dealing with situations of harm or abuse appropriatelyOverview of Part Two • Practical measures sports organisations can implement to

integrate vulnerable adults into sport.• Write a policy for safeguarding vulnerable adults.• Create a reporting and referrals process.

Practical Measures

• Identification of the vulnerable adult• Communicate with the vulnerable adult from the outset• Support and assistance• Assessment of equipment and facilities• Transportation• Training of staff and membership• Policies • Prevention• Access to advice• Awareness/culture of inclusion• Procedures and safeguards

DBS Disclosures and Vetting• Replaces the old CRB checks.• Standard, Enhanced and Enhanced with list checks.• Protection of Freedoms Act 2012 defines “Regulated Activity”:• The individual is in contact with the person by: providing healthcare e.g. health care professional; providing personal care e.g. physical assistance, dressing etc; providing social work; assisting with general household matters; assisting with the conduct of the person's own affairs; and conveying any form of transport.• Rarely a legal requirement for a sports organisation.

Scenario 1

• Vulnerable adult plays in an inclusive sports team (i.e. team containing no vulnerable adults)

Practical considerationsLegal considerations Best practice

Scenario 2

• Setting up a sports team which is solely for vulnerable adults

Practical considerationsLegal considerations Best practice

Producing a policy for safeguarding vulnerable adults

1. Positive Approach2. Policy Statement3. Definition of vulnerable adult4. Definition of different types of abuse and signs and

indicators of abuse5. Outline roles and responsibilities of staff6. Ensure reporting and referral procedure outlined step-

by-step and include complaints procedure7. Provide useful contacts for support and further advice8. Definition of capacity

Creating a Reporting and Referral Process

• Clear step-by-step guide of responding, recording, reporting and referring.

• It is not the responsibility of those in the sports organisation to interview or investigate, if they have a concern this is always a role for the statutory agencies such as police and social care.

• Importance of self determination/capacity.

Working Example – Everton FC

Working Example – United Kingdom Athletics

• Updated policy in 2013• Policy Statement:

“UKA…fully accept their legal and moral obligations to provide a duty of care, to protect all adults at risk of abuse and safeguard their welfare, irrespective of age, disability, gender, ethnicity, gender identity, religion or belief and sexual orientation.”

• Definitions – Vulnerable Adult, Abuse, Risk Factors• Step-by-step procedure for alerting, reporting and

referring.• Contacts for further support and guidance.

Case Study 1

Janet owns a swimming club. There are currently no swimmers in the club who are vulnerable adults. Kate wants to join the adult’s team. Kate is currently living with her parents and has a carer due to her mild learning disability. Janet is happy for Kate to join the team as she is looking for new members and Kate is a very talented swimmer.

Jane, Janet’s friend, also wants to assist with the coaching of the team at the club and Janet is going to take her on as an employee.

Case Study 1 - Questions

• What practical considerations should Janet take into account when Kate joins the team?

• What legal obligations is Janet under if she employs Jane?

Case Study 2

Town FC, a Premier League football club, are re-writing their club policies. Town FC currently have a safeguarding children policy with a page added on at the end for vulnerable adults. Their last policy was updated 10 years ago and is currently being used by the club. Although many of those working at the club are not aware that this policy exists.

Steve, who works at Town FC, also runs a team for adults with disabilities (including vulnerable adults) which is part of the club. One day he notices that Jim, one of the players, is being shouted at rather abruptly by his carer and Jim appears intimidated.

Case Study 2 - Questions1. What is Town FC doing wrong?

2. What advice would you give to Town FC regarding the drafting of their new policy?

3. What should Steve do regarding Jim’s carer?