Beyond the policy: Creating a culture of safeguarding in sport in UK

The mention of “safeguarding” has the potential to generate two responses. First, a recognition that it is an issue which needs to be addressed. Second, and invariably, the view that issues of safeguarding arise ‘elsewhere’: in other clubs/teams, other sports, other institutions. Taken together, these reactions indicate a mindset that sees ‘safeguarding’ as a matter for others. Attitudes such as these cannot be repaired by the production and posting of ‘a policy’ or the issuing of a ‘public statement’. Instead, what is required is an institutional commitment to contribute to a shared culture of safeguarding and practical measures to begin the process to realise that commitment.

The purpose of this article is to provide some pointers to assist in that process. To some, the themes of this article will be familiar. To others, less so. Whatever the position, this article will focus on UK law and sport and is intended to prompt an engagement with ideas which ought to inform all aspects of safeguarding, whether at implementation or audit. Whilst this article focuses on the UK, many of the points raised provide points for reflection for those working in sport globally.

The author has drawn on their extensive professional experience and expertise (in employment law, regulatory practice and public law), as a judge, a board member of corporate bodies and charities. He has advised and represented clients in safeguarding related cases in the UK, Ireland and Rome; and was directly involved in the provision of advice and assistance as part of the preparations for the Independent Inquiry into Child Sexual Abuse [IICSA] and has represented the General Medical Council in proceedings against doctors arising out of safeguarding related offences. He regularly instructed to represent and/or conduct investigations for organisation in the charities, education, healthcare and religious denominations sectors.

Therefore the purpose of this article is to provide some helpful pointers to assist organisation in creating a culture of safe sport. To some, the themes of this article will be familiar. To others, less so. Whatever the position, this article will focus on UK law and sport and is intended to prompt an engagement with ideas which ought to inform all aspects of safeguarding, whether at implementation or audit. Whilst this article focuses on the UK, many of the points raised provide points for reflection for those working in sport globally. The author ends the article with a helpful checklist for sports organisations to consider when implementing a structure of safeguarding.

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Ed Morgan KC, the author, is a barrister specialising in employment law, regulatory practice and public law. He has served as a Tribunal Judge for 23 years and has held a variety of positions within corporate bodies, charities and not for profit organisations. He has extensive experience of advising and representing clients in respect of whistleblowing, internal and external regulatory investigations, statutory referrals, and Reports to regulatory bodies. He has acted as an advocate in safeguarding related cases throughout the UK, Ireland and Rome. He was directly involved in the provision of advice and assistance as part of the preparations for the Independent Inquiry into Child Sexual Abuse [IICSA] and has represented the General Medical Council in proceedings against doctors arising out of safeguarding related offences. He is a frequent speaker on issues of corporate governance and regulatory compliance across a range of sectors spanning Charities, Education, Health Sector Bodies and Religious Denominations. He is regularly instructed to represent and/or conduct investigations for these bodies.

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