The Duty of Care in Sport Report

Released last month, the Independent report lead by Baroness Tanni Grey-Thompson on the ‘Duty of Care in Sport’ (the “Report”) contained a number of recommendations and observations on sport at all levels. This article reviews and comments on some of the key points.

Seven ‘Priority recommendations’ were outlined:-

  1. The creation of an overarching body such as a Sports Ombudsman, to independently oversee the Duty of Care provided to athletes & staff by National Governing Bodies (“NGB’s”);
  2. Proper measurement of Duty of Care across all aspects of sport through an independent benchmark survey (which is a fixed point of reference from which success can be measured);
  3. Each NGB should have one Board member responsible for Duty of Care obligations and performance of these obligations regarding Duty of Care should be considered when looking at funding of the organisation;
  4. An induction process for those entering elite sport, which would offer a range of advice on key issues like medical wellbeing and financial management;
  5. A survey of elite athletes once they exit ‘formal programmes’ (ie: retire). These surveys should then help shape future organisation structures and funding;
  6. A Duty of Care charter established by the Government to set out clearly how all those involved in sporting organisations should expect to be treated; and
  7. The Government should independently fund the British Athletes Commission (an organisation representing the interests of athletes from a range of sports).

The Report’s finding are then split into seven ‘Themes’:-

Theme 1:- Education

  • At school level, aspiring athletes need to be aware of how few people earn a living from sport. The Report calls for a proper analysis of retention rates (ie: how many young athletes get discarded at each stage). This in turn could be linked to how much government funding an organisation receives;
  • Education should not be seen as a fall-back should things go wrong, but an essential part of a young athletes development regardless of whether their goals in sport are achieved; and
  • The Report also questions whether it is necessary for young athletes to focus on a particular sport so early in their lives. 

Comment

Some argue that making youngsters specialise in one sport from an early age is a crucial part of developing elite athletes (It would be interesting to see whether there is evidence to support this). However, allowing youngsters to continue to participate in a range of sports for longer, could mean that athletes develop a broader range of physical and mental skills. This could benefit the athlete if they do not reach the elite level of their first choice sport (ie: they have a second choice) and also if the athlete does reach the elite level in one sport, they could bring a broader range of skills to the table.

Education is often seen by the athletes as getting in the way of their sport, an image not helped when sports stars proudly declare they were ‘rubbish at school’. The unfortunate reality is that the majority of those who ‘skipped lessons to go to the snooker hall’ do not end up winning the World Snooker Championship. Netflix subscribers may recall the excellent documentary on American college football players called ‘Last Chance U” where the athletes have to attain a certain standard in their school work regardless of how talented they are at American football. This sort of model, combining educational development (pitched at the right level for the individual) and sporting achievement seems like the sort of hybrid approach that is required.

Theme 2:- Transition

  • Sporting organisations to provide induction training on entry into elite sport. This would in turn require the coaches to attend courses to learn how to provide induction training effectively;
  • Clear guidelines from NGB’s about the selection process, and what is required from the athletes as well as a clear process for appealing a decision (reducing capacity for personal prejudice and opaque decision making);
  • Guidance for parents of those embarking on sporting career to help understand the processes and navigate difficulties; and
  • Recognition that ‘retirement’ may not be after a long successful career, but at 25, which presents unique challenges.

Comment

Recently when the England cricketer Stuart Board (whose father Chris also played for England) received an MBE, cricket journalists commented on how often international cricketers come from cricketing families. In addition to inheriting ‘good genes’, having a father or an uncle who knows the system and its various intricacies must be a huge advantage (much like other professions). Therefore providing addition support to parents without this knowledge would surely help youngsters as they transition through the ranks of the sporting system.

The Report also recognises that transitioning from a sports career back to a ‘normal’ life is fraught with a range of problems. The former heavyweight boxer Frank Bruno struggled with depression, whilst former England goalkeeper David James, despite earning millions through his career, was declared bankrupt shortly after retiring (this links into theme 1 on providing better education throughout a sporting career).

Theme 3:- Representation of the participant’s voice

  • Better representation of both current athletes at the elite level and utilising the experiences of retired athletes (see priority recommendation 5); and
  • Creating third party assurance to ensure the necessary Duty of Care standards are achieved (see priority recommendation 1).

Comment

The public perception of many NGB’s is that they are disconnected from the actual participants of sport, either because of the age of board members or a lack of background in sport (it is a familiar criticism of the Football Association). Whilst there has been progress in this regard there is still room for improvement. Take fixture scheduling for example, which is a controversial issue in lots of sports. In the Aviva Premiership, there is currently discussion over whether to extend the season by a month, much to the consternation of many players. A more prominent voice for current rugby players, who appreciate the demands of top class rugby, would surely help better balance the sports commercial needs with athletes’ welfare.

Theme 4:- Equality, diversity and inclusion

  • NGB’s should keep a better record of diversity statistics; and
  • Improved diversity training, better awareness of transgender athletes and addressing the culture of bullying in sports organisations.

Comment

Whilst there are no revolutionary suggestions in Theme 4, the Report recognises the difficult balance between ‘banter’ and bullying in sporting organisations. Stamping out genuine bullying and discrimination whilst maintaining the friendly comradery and ‘mickey taking’ which draws many people to sport, is one of the key issues in modern sport.

Theme 5:- Safeguarding

  • Expand the definition of ‘Position of Trust’ in the Sexual Offences Act 2003, to include sports coaches and the Government to consider a ‘Duty to Report’ for all sporting organisations;
  • An up to date study of the prevalence of abuse in sport;
  • Improved resources for NSPCC Child Protection Unit and the creation of a specialised ‘adults at risk’ unit; and
  • Review of background checks for those falling outside a recognised NGB and clear procedures in all organisations for those wishing to raise a complaint.

Comment

Safeguarding procedures is a topic which has seen a lot of media coverage in the last year, including the recent revelation that the England and Wales Cricket Board had sanctioned the hiring of a child sex offender at a cricket association for juniors. Whilst many decry the overburdening of organisations (particularly on volunteers) with red tape this should not stop the Government and NGB’s from implementing the suggestions in the Report. Surely few would resent having some extra hoops to jump through, if they knew that those measures would contribute to the increased safety of vulnerable participants.

Theme 6:- Mental Welfare

  • Education and awareness on mental health should become a fundamental part of coaching programmes;
  • There is much more that can be done to help the most susceptible groups, like young men and ethnic minorities; and
  • There is a need to balance a focus on high performance and achievement with mental wellbeing.

Comment

The Report highlights that regardless of success or wealth, elite sports people are often vulnerable to mental health conditions (eg: Premiership and England footballer Aaron Lennon was recently sectioned under the Mental Health Act). In cricket, depression and suicide rates are higher than the national average and there are a number of high profile cases such as the former England cricketer Michael Yardy, whose England career ended when he was diagnosed with clinical depression. Dealing with mental health problems is a task for all sectors of society, but a competitive sporting environment is particularly unforgiving to any perceived weakness and therefore any measures to assist athletes must be welcomed.

Theme 7:- Safety, injury and medical issues

  • The need for better awareness and training in relation to Sudden Cardiac Arrest and Concussion;
  • More transparency on the prevalence of injuries, with inter organisation co-operation and NGB’s making their data publicly available; and
  • The simplification and rationalisation of existing health & safety law to make it less daunting for sports organisations (especially at a lower level) and easier to implement successfully.

Comment

Sudden Cardiac Arrest is the condition that almost claimed the life of the Bolton Wanderers footballer, Fabrice Muamba and prematurely ended the career of England cricketer James Taylor. It has been estimated that over ½ million people in the UK are at risk from the condition, which until recent years was relatively unknown. Similarly, recent scientific evidence has highlighted the impact of concussion on long term brain health, therefore increased awareness and better management is needed to reflect these findings. 

Conclusion

The full Report (available here) is 38 pages long, and this article only touches on some of the issues. Whilst the Report has been almost universally welcomed, there has to be a concern over how many of the recommendations will be realised. In the introduction on page 4 of the Report, Baroness Tanni Grey-Thompson comments ‘I am aware there is no new public money available to implement them [the recommendations] and that organisations will have to prioritise’. Let’s hope that they can.