17.0 Child Protection Policy, Procedures and Guidelines
The British Aikido Association Executive Committee believe that it is everyone’s responsibility in Aikido to ensure that all children in our sport have a fun, achieve and a positive experience on our clubs.
The British government’s aim for every child, whatever their background or circumstances is:
• Be healthy
• Stay safe
• Enjoy and achieve
• Make a positive contribution
• Achieve economic well-being
It’s widely acknowledged that sport can help a child achieve all of these five outcomes.
As well as a legal responsibility, we have a moral obligation to protect children whilst our sport helps them achieve the five above outcomes.
The Association feels that best practice guidance and policies, clear and transparent procedures, and a robust and relevant training programme underpin good child protection. We also need to continually look for ways to improve our mechanisms for protecting children and increase the ways in which we listen to and involve children in shaping their sport of Aikido
British Aikido Association wishes to express its appreciation to the following for their help and support in preparing and publishing these guidelines.
Francis Burgess – Child Protection Lead Officer, British Aikido Association
Paul Holding – Coaching development Officer, British Aikido Association
Jenny Whitehead – Child Protection Officer, Education Bradford
British Judo Association
Sports Coach UK
And finally thanks to British Aikido Association coaches, volunteers and members for providing frank and honest feedback and advice to us on what they wanted to see and needed in these documents.
17.1.1 Our values, principles and beliefs
• All child abuse involves the abuse of children’s rights.
• All children have equal rights to protection from abuse and exploitation.
• The situation of all children must be improved through promotion of their
rights as set out in the UN Convention on the Rights of the Child.
• Child abuse is never acceptable
• We have a collective commitment to protecting children
• When we work through partners, they have a responsibility to meet
minimum standards of protection for children.
Everyone has a role to play in safeguarding children from abuse. Dealing with concerns about child abuse can be very disturbing but stay calm and use this guide to help you decide what you need to do.
Follow these procedures and together we can help to protect vulnerable children and young people and identify any poor practice that may be putting our players or coaches at risk.
It is widely accepted that it is the responsibility of every adult to protect children from abuse. Child abuse and particularly child sexual abuse can arouse strong emotions in those facing such a situation and it is important to understand these feelings and not allow them to interfere with your judgement about any action to take.
Abuse can occur within many situations including the home, school and the sporting environment. Some individuals will actively seek employment or voluntary work with children in order to harm them.
British Aikido upholds the principle that all children and young people whatever their age, culture, disability, gender, language, racial origin, religious belief and/or sexual identity have the right to protection from abuse.
The members, coaches and volunteers of the Association are committed to the welfare and protection of children so that they can enjoy sporting activities in safety to the best of their abilities without fear, threat or abuse.
All Coaches will sign up to and abide by the BAA code of conduct
• All partners will sign and abide by the code of conduct
• All Coaches and volunteers will have access to a copy of the child
• Club development procedures will include checks on suitability for working
with young people
• Coach Development qualifications will include child protection issues
• Every dojo will display contact details for reporting possible child abuse
and every coach will have contact details for reporting.
• Systems will be established by every Member to investigate possible
abuse once reported and to deal with it
• Training, learning opportunities and support will be provided by BAA
members as appropriate to ensure commitments are met.
Children and young people have a right to expect us to protect them from harm. By taking care to uphold these principles we can help to assure their welfare and development.
• The child’s welfare is, and must always by, the paramount consideration.
• All children and young people have the right to be protected from abuse regardless of their age, culture, disability, gender, language, racial origin, religious belief or sexual identity.
• We will take seriously all suspicions and allegations of abuse and respond swiftly and appropriately.
• Anyone under the age of 18 years is considered as a child for the purposes of this document.
• We recognise that working in partnership with children and their parents/carers is essential for the protection of the children.
• The British Aikido Association recognises the roles and responsibilities of statutory agencies in relation to safeguarding children and young people and promoting their welfare and is fully committed to working together with the Local Children’s Safeguarding Boards (LCSB)/in Scotland, Local Area Child Protection Committees (LACPC), and to comply with its procedures.
• Clubs and other organisations will be provided with the appropriate documentation and support to ensure that they are able to implement the Policy.
It is a criterion of membership that all clubs, and affiliated bodies require coaches, officials, administrators, parents and participants adopt and abide by Protection Policies and Procedures.
The British Aikido Association recognises its responsibilities both morally and legally under current legislation (including the Children Acts 1989 and 2004 and the Protection of Children (Scotland) Act 2005) and will use our best efforts to promote good practice to protect children.
We recognise that we have a responsibility to:
• Safeguard and promote the interests and well being of children and young people with whom we are coaching.
• Take all reasonable practical steps to protect them from harm, discrimination, or degrading treatment and respect their rights, wishes and feelings.
• Confidentiality should be maintained in line with the Human Rights Act 2000 and the Data Protection Act 1988.
• In accordance with ‘Working Together to Safeguard Children’ 2006 (HM Government) we recognise that the BAA and its clubs have the following statutory duties, roles and responsibilities:
Effective coach selection procedures – including Safeguarding checks
Culture of listening to children and young people
Our child protection procedures are intended to:
• Offer safeguards to the children and young people with whom we coach, and to our members, volunteers and those in affiliated organisations.
• Help to maintain professionalism and high standards of practice. We recognise that any procedure is only as effective as the ability and skill of those who operate it.
We are therefore committed to:
• Operating safer recruitment procedures
• Providing support, appropriate training and adequate supervision to all our coaches and officials so that they can work together with parents/carers and other organisations to ensure that the needs and the welfare of children remain paramount.
• Ensuring that all coaches complete child protection training as part of the BAA coaching qualification.
17.3.1 The BAA will:
• appoint a Lead Child Protection Officer
• convene a Disciplinary Panel when necessary
• ensure all cases of poor practice that may be abuse and any allegations of abuse are investigated and where appropriate, referred to other agencies
• provide support, training and guidance to the Club Welfare Officers and clubs via Aikido staff/tutors and through recognised child protection training providers
• make decisions on misconduct/poor practice within agreed timescales.
• inform all appropriate individuals and bodies of their decisions within agreed timescales.
• keep a list of all suspended, disciplined and disqualified persons and where appropriate refer people disqualified to relevant government agencies for consideration by PoCA/PoC(S)A and the Independent Safeguarding Authority when this is established in 2008 (in Scotland the proposed introduction of a Vetting and Barring System).
• to monitor and evaluate the implementation of the policy
17.4 Types and Definitions of Abuse
17.4.1 Physical Abuse
This occurs when individuals including other young people, deliberately physically hurt or injure children, or knowingly do not prevent such injuries occurring. It includes injuries caused by hitting, shaking, squeezing, burning and biting or using excessive force. It also occurs when young people are given alcohol, inappropriate drugs, or there is a failure to supervise their access to these substances.
In Aikido situation physical abuse may also occur due to:
• Overly hard randori without mutual consent and technical justification.
• Demonstrating techniques too hard or repeatedly where the intention is to hurt or intimidate the uki (the person being thrown).
Innapropriate use of joint locking techniques
• Over training and inappropriate training which disregards the capacity of the player’s immature and growing body. This also applies to over competing.
• Forcing (or “suggesting”) that a child loses weight or over trains
• This is a very complex issue and beyond the scope of this document but as a rule of thumb a child should eat a healthy well balanced diet, train as appropriate to the capacity of their immature and growing body.
• Inappropriate levels of physical exercises as a punishment – making a child carryout exercise as a punishment may not only constitute physical abuse in some circumstances but sends mixed messages. We want children and young people to train and exercise to have fun and stay healthy.
17.4.2 Sexual Abuse
Girls and boys can be abused by adults (both male and female) or other young people. This may include encouraging or forcing a child or young person to take part in sexual activity.
Showing children pornographic material is also a form of sexual abuse.
In an Aikido situation sexual abuse may occur when:
• An adult uses the context of a training session to touch young people in an inappropriate sexual way.
• Coaches, managers or volunteers use their position of power and authority to coerce young players into a sexual relationship.
• Coaches or managers imply better progression of the player in return for sexual favours.
17.4.3 Emotional Abuse
This occurs when individuals persistently fail to show young people due care with regard to their emotional welfare, when a young person may be constantly shouted at, threatened or taunted, or be subject to sarcasm and unrealistic pressures. There may also be over-protection, preventing young people from socialising, or bullying to perform to high expectations. The young person may lose self-confidence and may become withdrawn and nervous.
In an Aikido situation, emotional abuse may occur when coaches, volunteers or parents:
• provide repeated negative feedback in public or private.
• repeatedly ignore a young player’s effort to progress.
• repeatedly demand performance levels above the young player’s capability.
• over-emphasise the winning ethic.
• making a young player feel worthless, unvalued or valued only insofar as they achieve the expectations of their coach/parents/others.
This occurs when a young person’s essential needs for food, warmth and care both physical and emotional are not met.
In an Aikido situation neglect may occur when:
• young players are left alone without proper supervision.
• a young player is exposed to unnecessary heat or cold.
• a young player is not provided with necessary fluids for re-hydration.
• a young player is exposed to an unacceptable risk of injury.
• exposing children to unhygienic conditions.
• exposing children to a lack of medical care.
• non-intervention in incidents of bullying or taunting.
It is important to recognise that in some cases of abuse, it may not always be an adult abusing a young person. It can occur that the abuser is a young person, for example in the case of bullying. Bullying can be defined as deliberate hurtful behaviour that can take its form both physically and verbally against another person, usually repeated over a period of time, where it is difficult for those being bullied to defend themselves.
Although anyone can be a target of bullying, the victim is usually shy, sensitive and perhaps anxious or insecure. Sometimes they are singled out for physical reasons, overweight, physically small, having a disability or belonging to a different race, culture or religious belief. Bullies can be both male and female. Although bullying often takes place in schools, it does and can occur anywhere there is poor or inadequate supervision, on the way to/from school, at a sporting event, in the playground and in changing rooms. Bullies come from all walks of life; they bully for a variety of reasons and may even have been abused themselves. Typically bullies can have low self-esteem, be, aggressive, jealous and excitable. Crucially, they have learnt how to gain power over others.
Whilst the BAA acknowledges bullying we feel that bullying is also a form of physical and/or emotional abuse and will not be afraid to call certain behaviour as just that – abuse.
There are many types of bullying including:
Physical: hitting, kicking and theft.
Verbal: name-calling, constant teasing, sarcasm, racist or homophobic taunts, threats and gestures.
Emotional: tormenting, mobile text messaging, ridiculing, humiliating and ignoring
Sexual: unwanted physical contact or sexually abusive comments, use of camera phones to record images of players in changing rooms.
Physical: pushing, kicking, hitting, punching or any use of violence
Racist: racial taunts, graffiti, gestures
Homophobic: because of, or focussing on the issue of sexuality
In Aikido situation bullying may occur when:
a parent/coach who pushes too hard.
a coach lacks supervision and an awareness of the young people he/she is supervising
a coach who adopts a win-at-all-costs philosophy.
a player who intimidates others.
an official who places unfair pressure on a person.
Coaches hold a position of power in the relationship with their athlete and must not abuse this position to bully children/vulnerable young adults in their care.
In Aikido a situation bullying may occur when the coach is:
• overly zealous
• resorts to aggressive, physical or verbal behaviour
• torments, humiliates or ignores an athlete in their charge/care
Aikido does not traditionally have a culture of bullying. The reasons for this may be many, but it is widely accepted that the principles underpinning the approach to training taken by the founder of modern Aikido, Professor Kenji Tomiki, is certainly at its heart.
Take a proactive approach:
• Ensure the Aikido Code is promoted and embedded within your club.
• Ask your children and young people to write their own code of conduct to run along side the Aikido Code. Ask them all to sign it.
• Take ALL signs of bullying seriously.
• Ensure everyone at your clubs knows you have an open and telling culture. Anyone who knows bullying is going on is
expected to tell the Club Welfare Officer.
17.4.6 Poor Practice & Abuse
Child abuse is a very emotive and difficult subject. It is important to understand the feelings involved but not to allow them to interfere with our judgment about any action to be taken. It is also important that child abuse and child protection are openly discussed as this helps create an environment where people are more aware of the issues and sensitive to the needs of children. Open discussions also create environments that deter abusers.
An environment that explicitly attempts to identify and report abuse helps create a safer culture for children and young people.
This child protection policy is inclusive and the same actions should be taken regardless of the needs and background of the child or young person. The BAA recognises however that some children and young people are disadvantaged by their experiences or have additional vulnerabilities and would want to highlight the following.
17.4.7 Children and young people with disabilities
Children and young people with disabilities might be additionally vulnerable because they may:
• Lack a wide network of friends who support and protect them.
• Have significant communication differences – this may include very limited verbal communication or they may use sign language or other forms of non-verbal communication.
• Be subject to the prejudices and/or misconceptions of others e.g. about their ‘attractiveness’ to potential abusers
• Require personal intimate care.
• Have a reduced capacity to resist either verbally or physically.
• Not be believed.
• Depend on the abuser for their involvement in sport.
• Lack access to peers to discover what is acceptable behaviour.
• Have medical needs that are used to explain abuse.
17.4.8 Children and young people from minority ethnic groups
Children and young people from minority ethnic groups are additionally vulnerable because they may be:
• Experiencing racism and racist attitudes.
• Experiencing racism through being ignored by people in authority.
• Afraid of further abuse if they challenge others.
• Subjected to myths, e.g. all people of a particular culture are good with or hit their children.
• Wanting to fit in and not make a fuss.
• Using or learning English as a second language.
If you should identify specific needs for materials for groups or individuals where they have additional vulnerabilities and barriers to getting help please contact the Lead Child Protection Officer.
17.4.9 Reducing the potential for vulnerability
Bearing in mind that children and young people can be and are disadvantaged by these and other experiences, it is important for all clubs, and event coaches to be extra vigilant in creating a safe culture, including:
• Finding ways of understanding and communicating with all children and young people.
• Ensuring best practice at all times in physical and health care.
• Developing knowledge of the diverse cultures they serve.
• Respecting cultural differences.
• Building relationships with parents and carers and including the families of players in club activities.
• Observing carefully changes in mood, appearance and behaviour and discussing those concerns with families, carers or the designated person if suspicions or concerns are significantly aroused about the care of the child or young person.
• Acknowledging that disabled children and young people are additionally vulnerable and that vigilance is essential.
• Acknowledging that abusive behaviour directed towards young people whilst they are carrying out a leadership role is not acceptable and will be reported to the appropriate designated person as poor practice and or abuse.
• Implementation of a club code of conduct for spectators and players.
• Acceptance of the special role club officials have in setting a good example of the way in which people should behave
towards children and young people in leadership roles.
It may be necessary to ask other specialist agencies for help and advice.
17.4.10 Signs & Indicators
Even for those experienced in working with child abuse, it is not always easy to recognise a situation where abuse may occur or has already taken place.
British Aikido Association, coaches and officials whether in a paid or voluntary capacity, are not experts at such recognition.
Children and young people are reluctant to tell someone when they are being abused, so it is essential that every adult is aware of the possible signals that a child and young person’s welfare or safety is being threatened. However there is rarely a clear sign and you may often have to piece together various snippets of information and rely on your instinct that something does not seem quite right.
You may have one piece of information that, when added to that of others, forms a clear picture of abuse. This is often compared to getting pieces of a jigsaw together. Only when you have a few pieces can you start to see the true picture.
Remember, it is not your job to decide whether or not a child or young person is being abused – however it is your responsibility to share concerns. You may be the only adult in the child’s or young person’s life that is in a position to notice these pieces of the puzzle.
The tables on the following page show some possible physical and behavioural signs of abuse. Some are very explicit and specific to the type of abuse, others are much more general. However, you need to be careful as any one of these signs might have another very plausible explanation, such as a death in the family, loss of a pet, an absent family member or problems at school. However you should remember to raise your concerns if there is a combination of unexplained changes over a period of time. If unsure speak to your club welfare officer or your organisations Lead Child Protection Officer. Never allow a child or young person’s disability or cultural difference to explain away concerns. This is not a judgement for you to make. Never assume that someone else has identified and acted on the problem.
17.5 Recording the Information – Keep it clear and simple
Information may need to be passed to the Children’s Social Care/in Scotland, Social Services or the Police.
• Accurate recording is essential, as there may be legal proceedings at a later date.
• Referrals to Children’s Social Care/in Scotland, Social Services or Police should be confirmed in writing within 24 hours – if not, then at the earliest opportunity.
• Keep a record of the name and designation of the Children’s Social Care/in Scotland, Social Services member of staff or Police Officer to whom concerns were passed and record the time and date of the call in case any follow-up is needed.
• Ensure all information is maintained safely in accordance with Data Protection Legislation. www.ico.gov.uk
• Information should only be shared on a strictly “need to know” basis.
• Complete Appendix 1 (The BAA Referral and Information Form) and send this to the Club Welfare Officer. The CWO in turn will send this onto the BAA organisations Case Management Team.
You don’t have to take responsibility for deciding if child abuse is taking place or not but, if you have concerns; there are people who can help.
It is not the responsibility of any one working under the auspices the British Aikido Association, in a paid or voluntary capacity, to decide whether or not child abuse is taking place. However, there is a responsibility to act on concerns to protect children in order that appropriate agencies can then make inquiries and take any necessary action to protect the child.
There is always a commitment to work in partnership with parents or carers where there are concerns about their children. Therefore, in most situations, it would be important to talk to parents or carers to help clarify any initial concerns. For example, if a child seems withdrawn, they may have experienced bereavement in the family.
However, there are circumstances in which a child might be placed at even greater risk were such concerns to be shared, e.g. where a parent or carer may be responsible for the abuse, or not able to respond to the situation appropriately.
In these situations, or where concerns still exist, inform the Children’s Social Care/in Scotland, Social Services as soon as possible. Children’s Social Care/in Scotland, Social Services will decide how and when parents or carers will be informed.
Keep a record of the name and designation of the Children’s Social Care/in Scotland, Social Services member of staff or police officers to whom the concerns were passed, together with the time and date of your call. Wherever possible, confirm your referral to them in writing, including a copy of the BAA referral and information form, within 24 hours to confirm the details.
Bring your concern to the attention of the person with designated responsibility for child protection:
• In a Club If you are working within a club, you should inform the club welfare officer or person in charge if there is no club welfare officer in place. If you are the senior coach within the club then you will need to inform the club chairman/president.
1718tish Judo Association
Child Protection Policy, Procedures and Guidelines
• In a School if you are working with schools as part of the school curriculum you should inform the Teacher with designated responsibility for child protection.
• In a Local Authority scheme (or similar) If you are working within a recreational or play scheme you should inform the manager of the scheme.
• Working with players away from home If you are working with Aikido players away from home (for example at tournaments, training camps, clinics or festivals), then you should inform the team manager, senior coach or course director.
It is the responsibility of these people to ensure that appropriate advice is obtained from the local Children’s Social Care/in Scotland, Social Services department or the NSPCC or Children 1st (in Scotland).
• If your concern is about the person designated for child protection Contact your local Children’s Social Care/in Scotland, Social Services, the police or the NSPCC/Children 1st direct and tell them about your concerns.
The telephone number for Children’s Social Care/in Scotland, Social Services is usually included in the listing for your local council and the number of your local police station will also be listed in the telephone directory. The NSPCC operates a 24-hour free phone help line telephone number 0800-800-500, you do not have to give your name but it is helpful if you do.
Some local Children’s Social Care/in Scotland, Social Services have slightly altered their names to some like Social Care or Children and Young People’s Service so please bear this in mind when searching for contact numbers.
• Lead Child Protection Officer, British Aikido Association, Francis Burgess, 15 Willis Waye, kings Worthy, Winchester, Hampshire, SO23 7QT. Tel 01962 883 282 Mobile 07734 325 838.
17.7 Allegations of abuse against members of staff and volunteers
Whistleblowing is an early warning system. It is about revealing and raising concerns over misconduct or malpractice within an organisation or within an independent structure associated with it.
Child abuse can and does occur outside the family setting. Although it is a sensitive and difficult issue, child abuse has occurred within institutions and may occur within other settings, for example, sport or other social activities.
This could involve anyone working with children in a paid or voluntary capacity, for example, a volunteer in clubs, club helpers, tutors at training camps, clinics or festivals and coaches.
The British Aikido Association will fully support and protect any coach or volunteer who, in good faith, reports his or her concern that a colleague is, or may be abusing a child. You should be aware that your right to report, in good faith, is protected by the Public Interest Disclosure Act 1998. Alternatively you can go direct to the Police, Children’s Social Care/in Scotland Social Services or NSPCC/in Scotland Children 1st and report your concerns there.
Reporting a concern – what you need to do
Any suspicion that either a coach has abused a child or a volunteer will be reported to the club welfare officer or if they are unavailable, to the person in charge.
The club welfare officer or the person in charge will refer the allegation to Children’s Social Care, who may involve the police. The person in charge should also notify the Lead Child Protection Officer.
The parents or carers of the child will be contacted, as soon as possible, following advice from Children’s Social Care/in Scotland, Social Services and/or the Police.
Every effort should be made to ensure that confidentiality is maintained for all concerned and to protect the integrity of the investigation process. All referrals must be reported to the Lead Child Protection Officer as soon as possible.
What happens next?
Where there is a complaint of abuse against an Aikido volunteer, coach, official or member of staff, there may be three types of investigation:
1. A criminal investigation
2. A child protection investigation
3. A disciplinary investigation by the judo organisations Case Management Team.
The Case Management Team will decide if an individual accused of abuse should be temporarily suspended from membership pending Police and Children’s Social Care/in Scotland, Social Services, inquiries. Sometimes the authorities will not wish such action to be taken immediately so that their inquiries are not jeopardised.
The results of the Police and Children’s Social Care/in Scotland, Social Services, investigation will inform the disciplinary investigation.
If the investigation shows that the allegation is clearly about poor practice then the Case Management Team will follow the British Aikido Association’s Child Protection Procedures.
Irrespective of the findings of the Police or Children’s Social Care/in Scotland, Social Services, British Aikido Association will assess all individual cases under the appropriate complaints or disciplinary procedure to decide if a member of staff or volunteer can be reinstated and how this can be sensitively handled.
This may be a difficult decision, particularly where there is insufficient evidence to uphold any action by the police. In such cases, the BAA must reach a decision based upon the information that is available which could suggest that on a balance of probability it is more likely than not that the allegation is true.
The welfare of the children should always remain paramount. Consideration should be given to what support may be appropriate to children, parents and members of staff.
The BAA will support anyone who, in good faith, reports his or her concern that a colleague is, or may be, abusing a child or young person, even if that concern is proved to be unfounded, in the following ways:
• Via the Lead Child Protection Officers
• Via the Case Management Teams
• Provision of specialist independent organisations contact details
• NSPCC Helpline
• NSPCC Child Protection in Sport Unit.
Consideration will be given to what support may be appropriate for children, young people, parents or carers, volunteers and coaches during and after poor practice and child abuse referrals to the BAA.
It is never easy to respond to a child or young person who tells you that they are being abused. You may well be feeling upset and worried yourself. Confidentiality is paramount. However, the BAA acknowledges that having received a disclosure, individuals may have a need for some support. Every effort will be made to ensure that any child or young person who has been subjected to poor practice or abuse, and their parents or carers, will be given support from the appropriate agencies and the BAA. A list of independent support groups and help lines is provided for those who have experienced abuse.
17.8 Case management procedures
The Executive Committee and Members of the British Aikido Association shall abide by the Associations published Child Protection policy. In addition, the following specific “Child Protection” disciplinary panel procedures will apply:
British Aikido Association – Case Management Team members
BAA Lead Child Protection Officer
BAA Coaching Development Officer
The Case Management Team will appoint a Disciplinary Panel when deemed necessary.
Reports of alleged misconduct or information which raises concerns about an individual’s suitability to work with children, arising from referrals from any source including a person’s club, from court appearances, through application to coach
or retrospective recruitment checks or from actions by employers are likely to cover a wide variety of behaviours.
The Case Management Team as to will thus consider each case on its unique merits whether misconduct has occurred or concerns require disciplinary action.
If it is decided that the behaviour does not by itself call into question suitability for the particular role, no further action will be taken by the Case Management Team other than to formally advise the person of the receipt of a report and the decision made.
In some cases the CMT may decided that whilst a disciplinary panel need not be convened certain re-training or learning opportunities may be recommended.
The recipient shall have the right to make immediate written representations or reserve that right should he/she be reported for misconduct on a subsequent occasion. The Case Management Team also reserve the right on receiving a second report, to take into account the facts of prior submissions.
If it is found that the report raises a question about a person’s suitability within the sport, the Case Management Team shall proceed as follows:
• The accused will be advised of the receipt of a report and of the CMT’s knowledge of any related disciplinary hearings or legal and /or employment proceedings. The CMT will inform whether it has decided to temporarily suspend the accused individual pending further inquiries and the CMT will inform the area/club/affiliated organisation as necessary.
• Once all inquiries have been completed the accused will be provided with copies of all reports made to the CMT.
• The accused will be asked to provide a written explanation supported, if he or she wishes, by further representations,
references or testimonials from those whose knowledge of the person is relevant.
All reports will be presented to a panel comprising of not less than three people. The panel shall be comprised of at least two members to be drawn from the BAA Executive Committee The panel has the authority under the Bye Laws of the British Aikido Association to impose any penalties they see appropriate including expulsion from the Association. The accused may if they wish give verbal evidence or representation to the Panel. A friend, relative, official representing the person’s professional body or legal representative may accompany the accused.
When representations have been completed the Panel shall decide whether the individual is unsuitable for the position he/she holds and if so, whether he/she, will be suspended or expelled from the membership. The accused shall be notified by the Panel in writing of the restrictions imposed.
This information will be copied to the Lead Child Protection Officer
The CMT may also choose to share this information with appropriate clubs and area committee as deemed appropriate.
Should the decision be that the behaviour fell short of the expected standards, but there is no need for any barring, the Panel shall in writing issue a warning as to future conduct and levy restrictions and/or criteria upon that person retaining their role or position, e.g. further training to be undertaken or a period where the person is supervised.
The BAA and all member clubs, areas and affiliated organisations shall respect and enforce the sanctions imposed by other sporting governing bodies for similar misconduct.
The panel may refer details of people considered unsuitable to work with children/vulnerable adults to the at risk register. (POCA/POVA/ List 99/PoC(S)A) and from autumn 2008, to the new Independant Safeguarding Authority (applicable in both England and Scotland).
The accused has the right to appeal any penalty imposed by the panel. Appeals must be received by the BAA Executive Committee within 7 days of notification of the Panel’s original decision and must clearly state the grounds on which the appeal is being made and an appeal fee of £50.00 must accompany this letter. This appeal fee will be refunded in the event that the appeal is successful. The Appeal Panel may in certain circumstances refund all or part of the appeal fee in the event of the appeal being denied under special circumstances. All travel and other costs are at their own expense, upon success appeal standard BAA mileage will be compensated.
The appeal panel will be comprised as follows:
At least two members to be drawn from any of the following groups:
• BAA Executive Committee
• Seconded Coaches from the membership
17.10 Time Scales
The Case Management Teams recognises the importance of dealing with complaints in a timely fashion. Complaints are dealt with as soon as possible having being risk assessed and dealt with in order of priority.
Case Management Teams will endeavour to conclude poor practice complaints within 3 months of receipt. However it needs to be acknowledged that in some cases information may be needed from external agencies that may have their own processes, which may delay the procedures of the Case Management Team.
In all cases the Case Management Team will update the complainant on the status of their complaint.
Every effort will be made to ensure that confidentially is maintained for all concerned. Information should be handled and disseminated on a need to know basis only.
This includes the following people:
• Case Management Team members.
• The parents of the person who is alleged to have been abused.
• The person making the allegation.
• Children’s Social Care/in Scotland, Social Services/Police.
• Designated officers within the British Aikido Association e.g. Legal Adviser.
• The alleged perpetrator (and parents if the alleged abuser is a child).
Information will be stored centrally at the British Aikido Association Head archive held by the General secretary, in line with the Data Protection Act of 1984, that information is accurate, regularly updated, relevant and secure.
The BAA shall notify the Club of the individual who made the accusations and the club to which the accused belongs, local Children’s Social Care/in Scotland, Social Services and any sporting professional body to which the accused belongs shall be notified of the outcome.
17.13 Record of Offenders
The BAA shall keep a confidential record of offenders who have been disciplined, barred, restricted or warned.
All affiliated organisations, areas and/or clubs shall have the right to have the record checked by written request. Access to the list shall be restricted to designated people (Case Management Team members).
The BAA will refer details of any person who it is considered are unsuitable to work with children to the Protection of Children Act List (POCA, Dept of Health)/in Scotland, PoC(S)A List for their consideration as to whether the person’s details should be included on the list.
Once the Independent Safeguarding Authority (ISA) begins to operate from autumn 2008 the BAA will refer details of any person who it is considered are unsuitable to work with children to the ISA.
The BAA will not accept responsibility for any fees, expenses or other costs incurred by either or any party bringing or defending the action and shall have no liability to award any compensation for harm done or suffering by either party
17.15 Support to deal with the Aftermath
Consideration should be given to what support may be appropriate to the children, parents and members of staff. The use of helplines, support groups and open meetings will maintain an open culture and help the healing process.
British Aikido Association Child Protection Incident Report Form
17.16 Useful contacts
Dealing with child protection issues can be difficult. Below is a list of contacts that can help. Some are for children; people who have received a disclosure from a child and some provide support for the alleged abuser.
Clearly confidentiality is essential and therefore when seeking support or guidance from a recommended source as detailed below you will be expected to keep the personal details (names of individuals concerned) confidential. The following contact details provide a variety of potential support mechanisms for you to approach.
• NSPCC Helpline: (Tel: 0808 800 5000) 24-hour free and confidential telephone Helpline that provides counseling, information and advice to anyone concerned about a child at risk of ill treatment or abuse. For those with a hearing difficulty, there is a text phone telephone number: 0800 056 0566 • Asian Helpline operated by Asian counsellors in:
• Gujarati (telephone: 0800 096 7714)
• Hindi (telephone: 0800 096 7716)
• Bengali/Sylehti (telephone: 0800 096 7715)
• Punjabi (telephone: 0800 096 7717)
• Urdu (telephone: 0800 096 7718)
• English (telephone: 0800 096 7719)
At the time of publication The Asian Helpline is open between 11am and 7pm, so please check the NSPCC website for up to date details.
• Childline www.childline.org.uk Free national telephone helpline for children 24 hrs 0800 1111
• National Child Protection Helpline www.infoscotland.com/childprotection Tel 0800 022 3222
• Both Parents Forever 39 Cloonmore Avenue Orpington BR6 9LE Tel 01689 854 543
www.ukselfhelp.info/bothparentsforever Advice to parents, grandparents, children on rights following divorce, separation. Men in domestic violence situations/ false allegations. Help in child abduction cases
• Kidscape Tel 0207 730 3300 www.kidscape.org.uk An organisation committed to help prevent child bullying
• Cymru/Wales Child Protection Helpline Freephone: 0808 100 2524 Email: email@example.com in English or Welsh Textphone: Freephone 0808 100 1033. This is for people with hearing difficulties. Fax: 01248 361085
• NSPCC Child Protection in Sport Unit Tel: 0116 234 7278 www.thecpsu.org.uk A central point for sports organisations in relation to child protection in sport.
• Family Rights Group Freephone 0800 731 1696 Monday – Friday 1.30pm-3.30pm www.frg.org.uk Advice service and helpline for parents and carers who have children in care or who are in contact with Children’s Social Care/in Scotland, Social Services.
• Local Citizens Advice Bureau Contact details of your local CAB are in the phone book or at www.nacab.org.uk.
• Samaritans 08457 90 90 90 in the UK and Northern Ireland 1850 60 90 90 in the Republic of Ireland Email firstname.lastname@example.org Write to: Chris, PO Box 90 90, Stirling, FK8 2SA. Nationwide, non-religious, non-political 24 hour confidential support.
• Aftermath PO Box 414 Sheffield S4 7RT Tel/fax 0114 275 3883 Helpline 0114 275 8520 www.aftermathuk.org.uk Support, advice and befriending for families of serious offenders
• FSU 207 Old Marylebone Road London NW1 5QP Tel 020 7402 5175/fax 020 7724 1829 www.fsu.org.uk Counselling, welfare, legal advice. Offices in all areas of UK
• Institute of family therapy 24-32 Stephenson Way London NW1 2HX Tel 020 7391 9150/fax 020 7391 9169
www.instituteoffamilytherapy.org.uk. Family & couple therapy. Problems for families, children, adolescents, relationships, divorce, separation, illness and bereavement
Child Protection Policy, Procedures and Guidelines
• Lifeline Susan Dyas Walnut Tree House 98 Moor End Holme on Spalding Moor YO43 4DR Tel 01262 469 085 Help and advice for families experiencing psychological, physical or sexual abuse within the home. Encourages and supports groups
• Parentline Plus/Parent Line Scotland Unit 520 Highgate Studios 53-57 Highgate Road London NW5 1TL Tel 020 7284 5500 Helpline 0808 2222 2222 www.parentlineplus.org.uk Support for all families/stepfamilies
• SAFE PO Box 1557 Salisbury Wiltshire SP1 2TP Tel 01722 410 889 www.ukselfhelp.info/safe
• Careline The Cardinal Heenan Centre 326-328 High Road ILFORD Essex IG1 1QP
• Counselling Line: 0845122 8622 Admin Line: 0208 514 5444 Fax: 0208 478 7943 e-mail: email@example.com www.inforselfhelp.info/careline Careline provides confidential crisis telephone counselling for children, young people and adults.
Child Protection Policy, Procedures and Guidelines
This is intended as a brief guide to the legislation relevant to the care and protection of children in Scotland. SGBs should obtain advice from a solicitor in relation to specific legal issues.
United Nations Convention on the Rights of the Child (1989) UNCRC
An international agreement, which prescribes the rights of all children and young people under the age of 18. The rights in the Convention are generally cover three areas: participation (e.g. a child’s right to have a say in decisions which affect them), provision (e.g. provision of services to promote health and education) and protection (e.g. the right to be protected from all forms of abuse, harm and exploitation at all time).
The UK is a signatory to UNCRC and must report to a UN Committee on steps taken to promote and respect these rights. Whilst not legally binding, the Convention is highly influential on decisions made by courts and public authorities about the lives of children.
European Convention on Human Rights (1950)
This convention is legally binding on the UK because its provisions were introduced in to the law of Scotland by the Human Rights Act 1998 and the Scotland Act 1998. The rights prescribed apply to children and adults. The main articles of relevance are: Article 8: right to respect for private and family life, home and correspondence Article 3: the right not to be tortured or experience inhuman or degrading treatment
Courts and public authorities must act in a manner, which is consistent with these rights and can only interfere (in some cases) where there is a legitimate reason to do so. The protection of children is one such reason. For a copy of the Convention see http://www.hrcr.org/docs/Eur_Convention/euroconv.html
UK and Scottish Legislation
Rehabilitation of Offenders Act 1974
Generally, criminal convictions become spent after a period of time (which depends on the sentence imposed by the court at the time of conviction). As a result of this Act spent convictions, generally, do not have to be disclosed to potential employers.
The Children Act 1989
Exclusions and Exceptions (Scotland) Order 2003
There are certain jobs and voluntary positions for which prospective employers need to know about a person’s criminal record to decide whether they are suitable for the position e.g. work with children. This Order lists the positions and professions where there is an exception to the general rule on non-disclosure of convictions.
Data Protection Act 1998
Applies to any information, however obtained and used, which relates to living persons. Covers how such information is to be gathered, stored, processed and protected. All organisations that hold or process personal data must comply.
Police Act 1997
Introduced three levels of disclosure information, which are released in the form of Disclosure Certificates from Disclosure Scotland. Also introduced access to criminal records for those who engage or appoint volunteers in positions, which bring them in to contact with vulnerable groups.
Age of Legal Capacity (Scotland) Act 1991
Children under 16 do not generally have legal capacity. This act sets out the circumstances in which children are regarded as having legal capacity including the ability to consent to medical treatment.
Commissioner for Children and Young People (Scotland) Act 2003
Scotland’s Commissioner for Children and Young People is Kathleen Marshall. It is her job to promote and safeguard the rights of children living in Scotland as set out in UNCRC.
Criminal Procedure (Scotland) Act 1995
Schedule 1 to this Act contains a list of offences against children e.g. abandonment or wilful neglect. Professionals often refer someone who has committed an offence, which is listed in this Schedule, to as a “Schedule 1 offender”.
Children (Scotland) Act 1995
The main piece of legislation covering child welfare and protection. Covers the rights and responsibilities of parents, the role of the local authority, the Children’s Hearing System and introduced a number of measures for taking action to protect children in an emergency. This Act clearly states that the best interests of the child must always be considered and children should be given an opportunity to have a say on matters which affect them, should they wish to do so.
Working Together to Safeguard Children 1999 – A guide to inter-agency working to safeguard the welfare of Children. Department of Health
Health and Safety of Pupils on Educational Visits – good practice guide (1988) – DFE
The Data Protection Act 1984 and 1998
Caring for Young People and the Vulnerable. Guidance for preventing abuse of trust. Home Office 1999
Safeguarding Children Everybody’s Business – NSPCC video training pack 1999
The Protection of Children Act 1999
The Human Rights Act 2000
Safe Sport Away – NSPCC/ASA 2000
The United Nations Convention on the Rights of the Child
Code of Ethics – Good Practice for Children’s Sport – The Irish Sports Council
Safe Sport Away – NSPCC/ASA 2000
Criminal Justice (Scotland) Act 2003
Amended the law in Scotland in relation to the physical punishment of children by parents. This Act makes it illegal for parents to hit a child on the head, hit a child with an implement and to shake a child.
Sexual Offences (Amendments) Act 2000
Introduced a new offence of abuse of trust applicable to “positions of trust” which involve looking after children and young people who are in full time education, detained under a court order, looked after in a hospital/ children’s home or other establishment providing social care or in foster care.
Protection of Children (Scotland) Act 2003
Provides for the creation of the Disqualified from Working with Children List. It will be an offence for an organisation to knowingly appoint a worker (paid and unpaid) who is fully listed in to childcare positions (as defined in Schedule 2 of the Act).
The Act also creates a duty on organisations to refer an individual to the list where the individual has harmed a child or placed a child at risk of harm and has been dismissed or moved away from access to children as a consequence, or who would have been dismissed, but who has resigned, retired or was made redundant before the dismissal was completed or left at the end of a temporary contract.
Also creates a duty to remove an individual who is fully listed from a childcare position.
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Addresses the predatory behaviour of those who “groom” children with the aim of abusing them by introducing a new offence of “grooming”. Enables the police to take preventative action before the child meets the perpetrator. Provides the police and courts with additional powers to apply for and grant, a Risk of Sexual Harm Order on those who are considered to pose a risk to children.
Child Protection in Sport website – www.thecpsu.org.uk
Code of Conduct for Sports Coaches –sports coach UK