Why is child welfare implementation necessary?
Probably the most frequently asked question of them all. Perhaps considering these might resolve a few issues.
- Mandatory to all clubs - ECB edict
- 29 current cases in cricket are being investigated in the U.K.
- 24 relate to alleged sex offences
- 8 persons banned for life from cricket in last 9 months by the ECB
- Total sentencing of other cricket personnel since Nov 2003 - 35 years.
- 20 CRB applications currently under query.
Those statistics should give you some idea of why it’s necessary to have a Welfare Policy. If any sports club is to survive, it must bring young people in to play the game. If those young people are to stay in the club, playing for it in the years to come, then they must be given the safest possible environment in which to enjoy it.
Duty of Care - general advice
ONE OF THE QUESTIONS THAT IS ASKED MOST FREQUENTLY IS “AS A CLUB AND AN INDIVIDUAL, WHAT IS MY - OR OUR - DUTY OF CARE?”
And seemingly as ever, there is no simple, one-line, straight forward answer to the question. Duty of Care is a complex issue and definitive advice is very difficult to find. Most often, it’s likely that it must all be considered on a case-by-case basis.
However, we hope the following may be of some help to you. It is taken from a publication of The Child Protection in Sport Unit (CPSU). A good place to start when considering the issue of Duty of Care is their website which you can access by clicking here.
It is widely accepted that in relation to children and young people sports organisations have a duty of care. The purpose of this section is to clarify what that duty entails and to provide some guidance as to what steps can be taken in order to demonstrate that this duty is being met.
In essence, duty of care means that a sports body needs to take such measures as are reasonable in the circumstances to ensure that individuals will be safe to participate in an activity to which they are invited to or which is permitted.
A duty of care may be imposed by common law or statute, by contract, or by acceptance by an individual. In some cases the law imposes a duty of care. For example, the duty of care the police have when they arrest someone.
There is no general duty of care upon members of the public towards the public at large. If there is a formal relationship, however, for example between a club and a club member, or a coach and an athlete, there is a duty of care.
When children and young people are involved in organised sports activities and are to any extent under the care and/or control of one or more adults, the adult(s) have a duty to take reasonable care to ensure their safety and welfare.
In many sports activities, given the health and safety considerations, it is recognised that a sports organisation or individual (e.g. coach) owes a legal duty of care to its members. However, it is also understood and recognised that accidents can and do happen, and that it is not possible to predict every eventuality. Liability for the legal duty of care would only arise when an incident occurs and it can be demonstrated that the risk was foreseeable but no action had been taken to remedy it.
The Kent Cricket Board recommends that you should always assume a legal Duty of Care exists at your Club for your Members and visitors and act and behave accordingly.