The adequacy of safeguarding in sports has come under increased scrutiny in recent years. Governing bodies and organisations such as clubs must proactively and transparently face this issue head on in order to protect the welfare of athletes, and to avoid legal claims which not only have a financial impact, but also damage the reputation of sport.

This article explores the issues arising with safeguarding in sport, including a focus on British Gymnastics, and provides insight into measures that sports organisations must take in order to ensure they adequately protect sporting participants from potential risks of harm.

For advice on managing safeguarding risks or legal claims relating to safeguarding, please contact Imogen Mitchell-Webb, Associate Partner and Head of Sport, via Imogen.Mitchell-Webb@h-f.co.uk.

This article is published with thanks to co-author Spencer Turner at 12 King’s Bench Walk.

 

What is safeguarding?

Safeguarding essentially means protecting someone from harm. Organisations such as sports clubs and governing bodies have a duty of care to safeguard the welfare of athletes within their care. If this duty is not fulfilled, the organisation will be liable to civil and potentially criminal sanction and, more importantly, athletes will be put at risk.

There is a common misconception that safeguarding relates only to children. Children are of course particularly vulnerable to harm, but safeguarding duties also apply to any young people and adults who are at risk. Safeguarding is not just about protecting athletes from physical harm but also encompasses mental health support and the creation of inclusive, respectful environments.

 

Why is safeguarding a concern for sporting organisations and their insurers?

The issue of safeguarding in sport has come to the forefront due to high-profile cases and the increasing willingness of athletes to speak out about their experiences. This is a pervasive issue across all sports, with gymnastics (see below), swimming, athletics and football all hitting the headlines for the wrong reasons in recent years. Over time, sports organisations are coming under increased scrutiny in respect of their safeguarding measures.

Safeguarding is a key concern within grassroots and elite sports alike as the way in which sports are practiced can create inherent risks of harm and abuse, for example, due to power imbalances between coaches and athletes, close relationships forming with coaches from a young age and the creation of opportunities for harm to take place (e.g. sporting events taking place away from home). In professional sport, there is a growing issue with online abuse of athletes and officials.

 

Spotlight on Gymnastics: the Whyte Review

Following the ‘Athlete A’ documentary on Netflix, the spotlight has been on safeguarding in gymnastics. The ‘Whyte Report’ (commissioned by Sport England and UK Sport in 2022) was a damning review of safeguarding in UK gymnastics. Systemic emotional and physical abuse was identified, with examples ranging from withholding food, and forcing athletes to train on injuries, to excessive weighing. There were also reports of sexual abuse, although these were not deemed to be systemic. A culture of fear (of coaches) was identified and gymnast welfare was not sufficiently prioritised. 17 distinct recommendations were made around the complaint management system, safeguarding education and appointment of experienced staff.

British Gymnastics has apologised to gymnasts and promised to focus on wellbeing and welfare going forward. An action plan named ‘Reform 25’ has been developed, which seeks to implement the Whyte Report recommendations as well as further improvements, to ensure meaningful transformation. Although progress has been reported, the last update report in November 2023 indicated that lots of actions were still in progress. The 24-month deadline for implementing the recommendations passed in June 2024, and it remains to be seen whether meaningful change has been implemented.

 

How to implement appropriate safeguarding practices

In practical terms, safeguarding is managed by putting robust processes and procedures in place to identify and remove or reduce risks to athletes’ wellbeing. This will include a safeguarding policy but consideration must also be given to other operations which feed into good safeguarding practices, such as specific risk management policies (e.g. medical intervention or photography), complaints processes, staff training, recruitment, disciplinary procedures and standards / codes of conduct.

Beyond this, culture plays a significant part in effective safeguarding as participants, parents and other stakeholders must feel comfortable raising issues, and there must be open and transparent investigation procedures.

Safeguarding policies need to be tailored to the particular organisation and should carefully consider the legal, ethical and practical aspects involved. Some key elements that are often found in safeguarding policies are outlined below:

  • Risk assessment: In order to safeguard athletes, an organisation must first be willing and able to comprehensively assess the safeguarding risks posed by the sport. This can be a challenging and exposing process, and the organisation will need to be committed to cultural change in order for this process to be effective.
  • Clear definitions: Clear definitions help those applying the policy to identify what constitutes discrimination, harassment, abuse and other forms of unacceptable behaviour. Policies should explicitly prohibit these behaviours, provide clear examples of conduct that does and does not meet the policy, and set out the consequences of violating the policy.
  • Harm provisions: The policy should set out a comprehensive definition of harm, and provide authority for the organisation to take action where harm is present or at risk. The policy should provide for flexibility in the approaches taken.
  • Reporting mechanisms: Athletes and other stakeholders must have accessible and confidential channels to report incidents and complaints. These mechanisms should protect the anonymity of the complainants where appropriate.
  • Training and education: Continuous education programs are vital for athletes, coaches, officials, and administrators. These programs should focus on recognising signs of abuse and discrimination, understanding the impact of these issues, and knowing the steps to take when they occur both in respect of internal policies and reporting to the relevant Local Authority or Police where appropriate.
  • Investigation and disciplinary procedures: Policies must outline the procedures for investigating complaints efficiently, and with sensitivity. Disciplinary and accountability procedures must be clear to follow when safeguarding violations are identified, to allow for effective and swift action to be taken to eradicate any risks, bring the person at fault to justice and provide any victims with a sense of closure. It is essential that these processes are enacted in a transparent, fair and consistent way.
  • Considered sanctions: Typical disciplinary sanctions such as fines or suspensions may not be appropriate to manage safeguarding risks. Organisations will need to ensure that the powers open to them are sufficient, for example, measures such as monitoring coaches and providing compulsory training and guidance.

Within sport, particularly at grassroots level but also at the professional level, safeguarding responsibilities are often tacked on to other roles, such as HR, finance or operations. Aside from having the appropriate policies, it is necessary for organisations to ensure they have appropriately trained and experienced staff to implement and enforce the policies in a suitable and effective way.

 

Supporting Victims

Supporting victims of discrimination and abuse is a critical component of safeguarding in sport and ensuring that sports environments are safe and inclusive spaces. Above we refer to the importance of ensuring that victims are educated about the relevant internal complaints mechanisms, and of instilling a culture which empowers victims to speak up and raise issues. Aside from this, it is important to ensure that appropriate support mechanisms are in place for victims. This support can take various forms and consideration should be given to the following:

  • Taking a trauma-informed approach: When investigating a safeguarding report, it is important to avoid re-traumatising the victim. This approach should be woven into all policies and training.
  • Advocating for victims: It is important for governing bodies, clubs, rightsholders and other stakeholders in sport to stand up for those suffering abuse and harm. Demonstrating that this kind of behaviour has no place in sport can help promote a positive and protective culture, especially with issues like online abuse, where public perception can be dulled by the anonymity of social media and other platforms.
  • Mental health support: Victims often require professional help to deal with the emotional and psychological impact of their experiences. Measures should be put in place to facilitate access to appropriate health professionals where appropriate.
  • Peer support networks: Creating a network where victims can share their experiences and support each other can be incredibly beneficial. It helps to break the isolation many victims feel and provides a community of understanding and support.

 

Collecting Best Evidence

The availability and quality of evidence is critical to the effective and efficient investigation of allegations of discrimination and abuse, both internally and in criminal investigations. The following points should be kept front of mind when formulating investigation protocols:

  • Contemporaneous documentation: Incidents should be documented as soon as they are reported. This documentation should include detailed descriptions of the alleged events, any witnesses, and the immediate actions taken.
  • Preservation of digital evidence: Evidence such as emails, texts, CCTV, videos/photos and social media messages can be vital to understanding what has occurred. Organisations should have document retention protocols to ensure that such evidence is protected, as well as protocols allowing access to relevant computer and handheld devices where appropriate.
  • Witness statements: Collecting statements from witnesses promptly ensures that memories are fresh, and details are accurately captured. Witnesses should be approached sensitively, offered support and assured of the confidentiality of their input where appropriate.
  • Tech and data: Specialist companies can assist with monitoring online platforms to identify and gather evidence in respect of online abuse. Tech platforms can also be used to tackle the effects of online abuse, e.g. blocking and reporting abusive messages before the intended recipient can see them.

 

Protecting the future of sport

The pervasive issue of safeguarding in sport has been under the spotlight in recent years. Making effective improvements in respect of safeguarding athletes requires sporting organisations to take a comprehensive and transparent approach. This is a proactive as well as a reactive mission; with efforts being made by sporting organisations to raise awareness and educate, as well as discipline where appropriate.

By improving education and implementing robust policies, sports organisations can reduce safeguarding risks and effectively manage complaints when the worst does happen. This will in turn reduce the risk profile of sporting organisations; a point which insurers will be keen to note as standards and public expectations rise in line with increased exposure of this challenging issue. Sporting organisations themselves will also be keen to protect their brands and ensure that participants feel safe to get involved.

The ultimate goal must be to protect athletes and other stakeholders, ensuring that sport is safe and inclusive, and that engagement in sport is a positive and empowering experience for everyone involved.

Insight Sport