ANTI BULLYING POLICY
Goldstar Active is committed to creating an environment where members feel that they can work without threat, anxiety and fear. Bullying of any kind is NOT acceptable and should be shared with others. All members must understand that any incidents will be dealt with promptly and effectively.
What Is Bullying?
Bullying is the use of aggression with the intention of hurting another person. Bullying results in pain and distress to the victim.
Bullying can be:
– Emotional; being unfriendly, excluding, tormenting (e.g. hiding kit or belongings, threatening gestures)
– Physical; pushing, kicking, hitting, punching or any use of violence
– Racist; racial taunts, graffiti, gestures
– Sexual; unwanted physical contact or sexually abusive comments
– Homophobic; because of, or focusing on the issue of sexuality
– Verbal; name-calling, sarcasm, spreading rumours, teasing
– Cyber; all areas of internet, such as email & internet chat room misuse, mobile threats by text messaging & calls, misuse of associated technology, i.e. camera & video facilities
Why is it Important to Respond to Bullying?
Bullying hurts. No one deserves to be a victim of bullying. Everybody has the right to be treated with respect. Members who are bullying need to learn different ways of behaving. Clubs have a responsibility to respond promptly and effectively to issues of bullying.
Signs and Symptoms:
A child may indicate by signs or behaviour that he or she is being bullied. Staff, coaches, volunteers and officials should be aware of these possible signs and that they should investigate if a child:
– is frightened of coming into the gym
– changes their usual routine
– becomes withdrawn, anxious, or lacking in confidence
– starts stammering
– feels ill before coming to gymnastics
– begins to under-perform relative to their ability
– comes home with clothes torn or property damaged
– has possessions which “go missing”
– asks for money or starts stealing money
– has unexplained cuts or bruises
– becomes aggressive, disruptive or unreasonable
– is bullying other children or siblings
– stops eating
– is frightened to say what’s wrong
– gives improbable excuses for any of the above
These signs and behaviours could indicate other problems, but bullying should be considered a possibility and should be investigated.
Goldstar Active recognises that gymnasts, parents/carers, staff, coaches, volunteers, visitors and officials could be the perpetrators or victims of bullying. Regardless of who the perpetrator may be, anyone who recognises the signs of bullying must share their concerns immediately. Any issues should be reported to the Head Coach or Welfare Officer, who are expected to be approachable, supportive and take all signs of bullying seriously so that all involved in Goldstar Gymnastics are confident to speak out in the event of any incidents arising. In the event of any bullying incident reported, the following action will be taken:
– Victim: reassured and informed that someone in authority may need to be notified.
– Perpetrator: informed that the club will listen to ‘both sides’ privately and that information will be recorded and reported to the parents of the children involved. We will involve the parents (if appropriate) and children in deciding the outcome and any sanctions needed to ensure the bully changes their behaviour. In cases where bullying continues after appropriate warnings and sanctions, the bully will have their membership revoked.
– The Welfare Officer: maintains accurate records of what happened and any actions taken and report incident to Social Services and/ or to the Police if deemed necessary.
Welfare Officer – Chris Burden
Email – email@example.com
Mobile – 01482 656438
SAFEGUARDING AND PROTECTING CHILDREN POLICY
Goldstar Active is committed to supporting all young people to enjoy and excel in our sporting activities and fully recognises that children need a safe, protective and nurturing environment if they are to fulfill their potential and remain in their chosen sports.
Goldstar Active aims to achieve a high standard in the safeguarding of its participants and has a key role in ensuring that the welfare of children is a fundamental consideration in everything that we do. Anyone who provides or delivers sporting activities at Goldstar Active has a duty of care towards young people and needs to ensure that they offer a protective and child-friendly environment that gives parents reassurance that their children will be happy and safe.
Goldstar Active has a Club Welfare Officer (CWO) with the designated responsibility for safeguarding. The CWO plays a key role supporting child-centred practice and ensuring robust safeguarding arrangements are in place at the centre. Goldstar Active remains fully committed to developing a CWO network and continually improving our safeguarding practice for a positive impact on all children at Goldstar Active.
Key Policy Information
About the policy:
The Safeguarding and Protecting Children Policy at Goldstar Active is informed by the government guidance ‘Working Together to Safeguard Children – a guide to inter-agency working to safeguard and promote the welfare of children, HM Government 2015’. This guidance, which is applicable in England, sets out the legislative requirements and expectations on individual services to safeguard and promote the welfare of children and provides the framework to which Local Safeguarding Children Boards (LSCBs) monitor the effectiveness of local services.
Our Policy translates for the sporting community the statutory guidance on making arrangements to safeguard and promote the welfare of children under Section 11 of the Children Act 2004. The policy is also informed by other key pieces of legislation, which are highlighted in the relevant parts of the policy. The Goldstar Active policy is developed in consultation with the NSPCC Child Protection in Sport Unit (CPSU) and is informed by the UN Convention on the Rights of the Child.
This document is presented in four parts, namely: Policy, Recognising and Responding to Abuse and Poor Practice, Safe Recruitment and Safe Environment and links to a number of other supplementary policies and procedures. In complying with the policy, affiliated organisations can be reassured that they meet their statutory responsibilities.
To whom does the policy apply?
Goldstar Active’s Safeguarding and Protecting Children Policy 2017 is applicable to all levels of sport and provides a framework for those involved in all sporting activities to meet their duty of care towards young people. The policy, where applicable, is mandatory for all Goldstar Active staff, participants, visitors and volunteers. Any individual or organisation that is providing a service to Goldstar Active must also demonstrate that they comply with these standards.
All personnel at Goldstar Active must fully support their Welfare Officer to fulfil their role and ensure Goldstar Active is fully compliant with this policy.
How should the policy be used?
The policy is the key source of reference for all safeguarding and protecting children related matters. The main users of these policies and procedures are likely to be CWO’s, as it is their role to guide our organisation to plan, prioritise and implement the various safeguarding responsibilities and activities.
The policy also provides important guidance for anyone involved in activities at Goldstar Active including parents, coaches, officials, visitors and other volunteers. It offers practical guidance for those involved in providing sporting activities for children and relevant sections should be reproduced in an appropriate format and widely shared across the sporting community to increase general awareness and good practice.
How will the policy remain up-to-date?
Although the policy takes into account all relevant current legislation, the document will need to be amended as required in response to changes in the sports, political, legal, ethical, social and technological environment in which we operate. Any amendments will be recorded and communicated to all relevant parties.
Goldstar Active will also review its Safeguarding and Protecting Children policy on an annual basis and as required by the NSPCC CPSU, UK Sport and Home Country Sports Councils. The policy may also be reviewed following introduction of any new internal or external safeguarding process and as a result of any significant child protection case within the sports on offer at Goldstar Active.
Safeguarding Children is described in Working Together to Safeguard Children 2015 as the action we take to promote the welfare of children and protect them from harm, which involves:
- protecting children from maltreatment;
- preventing impairment of children’s health or development;
- ensuring children grow up in circumstances consistent with the provision of safe and effective care; and
- Taking action to enable all children to have the best
Safeguarding is everyone’s responsibility. Therefore, everyone who works with children has a responsibility for keeping them safe, irrespective of their role and whether they are paid or volunteers.
Children may be harmed in any environment, including the home, at school or in a sports club. Although young people are more likely to be abused in their own home, cases of abuse have occurred, and continue to occur, in gymnastics and in other sports. Goldstar Active acknowledges that sporting activities provide significant access to young people and can provide opportunities for an individual who wants to harm children. However, it is also recognised that those having regular contact with young people have a key role in promoting their welfare and are ideally placed to notice signs that a child may be being abused. It is therefore essential that anyone in contact with young people through their involvement in sports is fully aware of the early signs of abuse and/or neglect and understands the appropriate steps to report these concerns.
In addition, it is important to be aware that some children may be more vulnerable than others. These may include disabled children with specific additional needs, children with special educational needs and children training at a high performance level within a sport.
Goldstar Active is fully committed to providing support, information and training opportunities to make certain that individuals understand their role and responsibilities and fully understand the risk factors linked to abuse within sport.
Goldstar Active strives to create an environment where all children can thrive and realise their potential and, in accepting a duty of care towards children, will set the standards and define best practice for working with children within sport. We also strive to ensure that child-centered safeguarding principles are fully embraced by the sporting communities as an integral part of all Goldstar Active activities.
This Policy is based upon the following fundamental principles:
- The welfare of children (anyone under the age of 18 years) is paramount;
- All children, regardless of ability, age, disability, sexual orientation, parental status, race, religion or belief or socio/economic background have a right to be protected from abuse;
- Safeguarding children is everyone’s responsibility: every individual and organisation must play their part in ensuring sport is safe;
- A child-centered approach: sport provision will better meet the needs of children if it is informed by a clear understanding of the needs and views of
Working Together to Safeguard Children 2015 provides the overall framework on which the Goldstar Active policy is based. The guidance highlights the need for organisations working together, to take a coordinated approach to ensure effective safeguarding arrangements, the important role played by voluntary organisations and private sector providers in the delivery of services to children and expects such organisations to put in place arrangements that reflect the importance of safeguarding and promoting the welfare of children. Working Together 2015 also highlights that both the paid and voluntary workforce need to be aware of their individual responsibilities for safeguarding and promoting the welfare of children and how they should respond to child protection concerns and make a referral to local authority children’s social care or the Police if necessary.
The Goldstar Active policy puts into a sporting context these requirements; outlining the minimum standards to which all Goldstar Active staff, participants, parents, visitors and volunteers must adhere. In addition to the main policy, there are various additional policies that must also be applied.
Aims and Objectives
The overall aim of the Goldstar Active policy is to ensure that everyone participating in the activities on offer does so in a safe, holistic and child-centred environment that supports children to meet their potential. This can only be achieved if everyone involved in the sport is fully compliant with the policy. The key objectives of the policy are as follows: –
- To ensure everyone understands their roles and responsibilities in respect of safeguarding;
- To ensure everyone who comes into contact with children is able to recognise, identify and respond to signs of abuse, neglect and other safeguarding concerns relating to children and young people;
- To promote positive practice and challenge poor practice;
- To ensure robust systems are in place to manage any concerns or allegations;
- To develop a skilled and competent safeguarding workforce;
- To ensure everyone who is involved in a role with children completes training at a level appropriate to their role in their sport, which covers the above areas;
- To ensure everyone who are involved in a role with children have been through appropriate pre- recruitment checks, including the appropriate level criminal record checks;
- To ensure young people and their parents/carers are consulted and, where appropriate, fully involved in decisions that affect
Responsibilities of Goldstar Active
The overall responsibility for safeguarding children in the sporting activities rests with the Management Board and CWO.
All Directors are fully committed to safeguarding and promoting the welfare of children participating in each sport. Goldstar Active has prepared a clear policy that provides a framework for any affiliated organisation, working with children.
Goldstar Active Management Board in partnership with the CWO are responsible for:
- development of policy, rules and regulations;
- monitoring the implementation of the Safeguarding Policy and agreeing training needs;
- monitoring the effectiveness of the Safeguarding Policy and Procedures and reviewing the policy as required;
- communicating reports to other personnel and its members on all matters relating to
Goldstar Active will ensure that it fulfills its responsibilities to work jointly with others to safeguard and promote the welfare of children and young people. Goldstar Active will work in partnership with the Local Safeguarding Authority and other organisations in order to support the development of robust arrangements for safeguarding and protecting children.
Goldstar Active recognises that it has a duty to help ensure affiliated organisations and individual members understand and fulfill their responsibilities through the provision of clear guidance and support. Guidance at Goldstar Active has been formulated with the underlying aim of minimising risk to children and, wherever possible, avoiding situations where it is known that abuse or neglect can occur. Goldstar Active will support this duty through the development and provision of learning opportunities for members.
We will also work closely with the NSPCC CPSU to review and continually develop our safeguarding practice and ensure it is evidence based.
Central to the policy is the need for Goldstar Active to support its designated CWO and develop a network of Welfare Officers’ with the lead responsibility for safeguarding and protecting children. Goldstar Active will be responsible for appointing the network of Welfare Officers (RWOs) and will provide training and development opportunities.
Goldstar Active recognises the responsibilities of Statutory Authorities and is committed to working with Local Safeguarding Children Boards and Local Authority Designated Officer(s) in line with Working Together to Safeguard Children (2015).
Goldstar Active will ensure that any allegations or suspicions of abuse or significant harm to any child are reported without delay to the relevant Statutory Authorities in line with established information sharing protocols.
Goldstar Active will comply with the principles set out in the Data Protection Act 1998 and Information Sharing for Practitioners (HM Government, 2006) in relation to confidentiality and information sharing. Information that is confidential in nature may be shared, without consent, where there is a legitimate and lawful reason for disclosure.
In the event of an abuse allegation against a Goldstar Active participant, employee or other person with an involvement in the sporting activities offered, Goldstar Active will take action to ensure young people are protected and, where appropriate, will support the prosecution of individuals accused of a criminal offence against a child/children.
All other misconduct or poor practice issues/non-compliance with policy and procedure will normally be managed in partnership with the affiliated organisation that is closest to the point of complaint or disclosure.
Goldstar Active provides an independent Case Referral Management Group with the responsibility for agreeing: –
- the referral route for all cases that deal with the welfare of children;
- whether suspension of Goldstar Active membership is required;
- the appropriate course of remedial
Goldstar Active will refer to the Disclosure and Barring Service (DBS) anyone we believe is or has been, or might in the future be, engaged in regulated activity whose Goldstar Active membership has been revoked (or would, or might, have been withdrawn if the individual had not otherwise ceased involvement in their sport) on the grounds that they harmed a child or pose a risk of harm, or received a caution or conviction for a relevant offence.
Goldstar Active will ensure that robust systems are in place to help prevent people who present a risk to children from becoming involved with our organisation and to support the removal of anyone who is considered unsuitable.
Responsibilities of the CWO
The CWO will be transparent and easily identifiable at Goldstar Active. To ensure the safeguarding and protecting of children at Goldstar Active, the designated CWO will:
- Promote the welfare of children and the importance of safeguarding;
- Ensure that young people are listened to and are involved in decision making;
- Ensure that everyone understands their roles and responsibilities in respect of safeguarding;
- Respond to child protection and poor practice concerns;
- Liaise with national governing bodies and local Statutory Agencies;
- Work with other organisations as required;
- Act as the designated person for criminal records
- The CWO has attended an approved Safeguarding and Protecting children awareness training and a British Gymnastics Time to Listen course (or approved equivalent).
- The CWO has undertaken a criminal record check in line with BG Criminal Records Checks Policy and Guidelines;
- All staff and volunteers, who are working with children receive appropriate training, updated every three years, and have access to advice on child protection, safeguarding and promoting the welfare of children through the CWO;
- All children and young people, and their parents, are aware of behaviour that is not acceptable and how they can help to keep themselves safe;
- The CWO will support Whistle Blowing and take steps to ensure members, their parents/carers, and others, feel able to raise concerns without fear of negative repercussions;
- Confidentiality is maintained in relation to concerns and referrals and information is only shared on a genuine ‘need to know’ basis in line with the British Gymnastics Confidentiality and Information Sharing Guidance;
- The CWO (and all Goldstar Active personnel) will comply with safe recruitment guidance to prevent unsuitable people from obtaining, or remaining in, positions of trust or responsibility;
- They will comply with the all applicable supplementary policy and guidance and accept responsibility for identifying and responding to any deficiencies or weaknesses in its arrangements for safeguarding and promoting welfare of children;
- They will work in partnership with the Local Safeguarding Authority (LSA) and other relevant organisations to ensure poor practice is addressed and any required remedial action is
It is not the role of Goldstar Active Personnel to investigate possible abuse or neglect. However, they have a key role to play by referring concerns about those issues to Children’s Social Care Services and/or statutory Agencies to provide information for investigations.
SAFEGUARDING ADULTS AT RISK AT GOLDSTAR ACTIVE
Table of Contents
- General principles
- Why these policies are needed
- Policy statement
Good practice, poor practice and abuse
- Good practice
- Poor practice
- Indicators of abuse
- Degree of abuse
- Types of abuse
- Neglect and acts of omission
- Physical abuse
- Sexual abuse
- Psychological abuse
- Financial or material abuse
- Anti Bullying Policy
- Why is it important to respond to bullying?
- Signs and symptoms
Responding to suspicions and allegations of poor practice and abuse
- Receiving evidence of possible abuse
- Recording information: Confidentiality and information sharing
- Reporting the concern
- Involving carers
- Involving the Local Safeguarding Authority
- Involving statutory agencies
- Allegations of previous abuse
Safeguarding Adults at Risk at Goldstar Active
- Club Welfare Officer
- Codes of Conduct
- Changing rooms
- Coaching ratios
- Local Safeguarding Adults Boards
- Regulated Activity with adults
Recruiting and selecting people to work with Adults at Risk
- Safe Recruitment
- Who should have a Criminal Records Check?
Awareness and training
- Recommended minimum levels of awareness and training
- Complaints and disciplinary procedures
Implementation and monitoring procedures
Abuse See section 2.4.
Adults at Risk Those people of or over 18 years of age who have health or social care needs (irrespective of whether or not those needs are being met by social services) and who are unable to safeguard themselves as a result.
While we recognise that some people will be vulnerable due to their learning disability or mental health needs there are also those adults who are at risk due to a specific circumstance they may find themselves in, for example; domestic abuse, forced marriage, and sexual or commercial exploitation (this is not an exhaustive list).
In sport this may look like, but is not limited to:
- a participant who is sent threatening and sexually explicit text messages from their coach;
- a participant with a learning disability being exploited by another club member who regularly takes money from them at break;
- a young woman confiding in her coach about a forthcoming holiday where she believes she will be married against her will;
- a coach who regularly neglects the individual needs of disabled participants when training; or
- a group of people with mild dementia who train
Advocate An individual who speaks on behalf of, or represents the interests of, an adult where appropriate.
Carer A generic term which includes parents, carers and guardians.
Child(ren) Anyone under the age of 18.
Child Protection in Sport Unit The CPSU team is sited within the National Society for the Prevention of Cruelty to Children (NSPCC) and was established with joint funding from Sport England.
Club Welfare Officer (CWO) The designated individual at Goldstar Active whose responsibilities are explained in section 3.0
Disclosure and Barring Service On 1 December 2012 the Criminal Records Bureau and Independent Safeguarding Authority merged to become the Disclosure and Barring Service (DBS) under The Protection of Freedoms Act 2012. The DBS carries out Criminal Records Checks and administrates the Barred Lists on behalf of the Home Office for ‘Registered Bodies’ in England and Wales. In Scotland the equivalent body is known as ‘Disclosure Scotland’ and in Northern Ireland as ‘Access Northern Ireland’. When an organisation removes a person from Regulated Activity with Adults at Risk because of safeguarding concerns, they must make a referral to the DBS.
Duty of Care The duty that rests upon an individual or organisation to ensure that all reasonable steps are taken to ensure the safety of any person involved in an activity for which that individual or organisation is responsible.
Equalities Act 2010 The Equality Act 2010 is the law that bans unfair treatment and helps achieve equal opportunities in the workplace and in wider society. The act replaced previous anti- discrimination laws with a single act to make the law simpler and to remove inconsistencies. This makes the law easier for people to understand and comply with. The act also strengthened protection in some situations.
The act covers nine protected characteristics, which cannot be used as a reason to treat people unfairly. Every person has one or more of the protected characteristics, so the act protects everyone against unfair treatment.
Local Multi-Agency Safeguarding These Adult protection committees Adults Committee have responsibility for the co ordination of work undertaken by agencies involved both in providing services and safeguarding Adults. They provide local inter-agency guidelines detailing procedures for cases of actual or suspected abuse. Some areas have established sports sub-groups to inform their work. There are similar structures for children called Local Safeguarding Children’s Boards (LSCBs).
No Secrets 2000 This document gives guidance to local agencies that have a responsibility to investigate and take action when a vulnerable adult is believed to be suffering abuse. It offers a structure and content for the development of local inter- agency policies, procedures and joint protocols that will draw on good practice nationally and locally.
Personnel Employees of Goldstar Active and its affiliated clubs or facilities, as well as volunteers and all participants at the Centre.
Position of Trust This is where an individual, such as a coach, teacher, or club officer who makes decisions for or about an Adult at Risk, can influence the individual’s actions and may misuse that position to groom or abuse the Adult at Risk. This position can be a positive one, in building confidence and self-esteem.
Registered Body An organisation that is able to act as recipient of DBS information on behalf of its members.
Regulated Activity with Adults The government has introduced a new Regulated Activity with Adults. In the past the definition of Regulated Activity with Vulnerable Adults (or Adults at Risk) focused on the location of the activity. The new definition focuses much more on the type of activity and contact an individual may have with an Adult at Risk. It does not stipulate a frequency requirement like the definition of Regulated Activity with Children. For Adults at Risk the activity alone means an individual is in Regulated Activity – there is no frequency requirement – once is enough.
The types of activity that fall into Regulated Activity with Adults at Risk are clearly set out and in the large part there are no activities that apply for sport and recreation organisations. This means that for the majority of sport and recreation organisations there will be no legal requirements in terms of safeguarding Adults at Risk because there are no individuals deemed to be in Regulated Activity. However, best practice dictates that sport and recreation organisations should be conducting Criminal Records Checks (even if they are not entitled to Barred List checks) on all individuals who have an opportunity to build up a relationship of trust with Adults at Risk and this is consistent with our current Safeguarding and Protecting Children Policy.
An individual is only defined as being in Regulated Activity with Adults at Risk if one of the following conditions is met:
- Providing Healthcare (by a healthcare professional)
This only includes first aid if it is administered by an individual on behalf of an organisation whose purpose is to provide first aid. There is potential under this activity for sports physiotherapists to be classed as in regulated activity – however this is unlikely. As soon as sector specific guidance is available this policy will be updated.
- Providing Personal Care (physical assistance with eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails because of the adult’s age, illness or disability).
- Providing social
- Assistance with general household matters (managing the person’s cash, paying the person’s bills, or shopping on their behalf).
- Assistance in the conduct of a person’s own affairs (power of attorney).
- Conveying (any form of transport).
It is important to note that personal relationships are exempt from Regulated Activity in relation to Adults at Risk.
Regulated Activity Provider The person or organisation responsible for employing or deploying workers to facilitate a Regulated Activity, whether these workers are paid or unpaid.
Risk Assessment A procedure to help identify possible sources of danger and take appropriate action to minimise these risks taking into account the age, number and competence of participants.
Safeguarding Case Officer Individual whose responsibilities are explained in section 3.0
Safeguarding Vulnerable Groups The Safeguarding Vulnerable Groups Act Act 2006 established the legal basis for the Independent Safeguarding Authority who managed the two lists of people barred from working with children and/or vulnerable adults (Adults at Risk) replacing the barred lists (List 99, the Protection of Children Act 1999 (PoCA), the scheme relating to the Protection of Vulnerable Adults (PoVA) and Disqualification Orders.
Significant Access Being in a position to have regular and direct contact with Children or Adults at Risk whether as a volunteer or employee (see ‘Position of Trust’).
Vulnerable Adults List A list of people who have been identified and are banned from working in a care position with adults. This list is held and maintained by the DBS. There is a statutory duty that requires care providers to check the list to determine if a candidate is on it.
Everyone who participates in activities at Goldstar Active is entitled to do so in a safe and enjoyable environment.
All activities, competitions and associated individuals must follow the policies defined in this document.
Goldstar Active is committed to helping everyone accept their responsibility to safeguard Adults at Risk from harm and abuse.
This document sets out the procedures needed to be followed to safeguard and protect Adults at Risk and roles and responsibilities should concerns arise.
These policies apply to all members of staff, coaches, carers, volunteers, participants, visitors, contractors and anyone involved in normal operating, whether or not they are members of Goldstar Active. All these people have a duty of care to safeguard the welfare of Adults at Risk and prevent their abuse.
- Why these policies are needed
Goldstar Active understands the need for an individual policy for Adults at Risk, in line with the considerations of the Disability Discrimination Act 2005 and The Equality Act 2010, to promote equal opportunities and provide a clearer framework for those who suffer from physical, mental health and learning disabilities.
At Risk people are at heightened risk of abuse and discrimination because of their susceptibility and many experience this in all walks of life. Practice has shown that At Risk people who are victims of abuse in the sports setting can be reluctant to report their experiences for fear of losing a positive and important part of their lives. Therefore it is essential that personnel at Goldstar Active are aware of the indicators of abuse and can recognise and act appropriately to protect potential victims.
Abuse can occur in many situations, including the home, workplace, day centre, at the shops, on the bus, in educational institutions and of course at Goldstar Active.
For the majority of Adults at Risk, their experiences with us will be a positive and rewarding experience. However, there is a growing recognition that sport generally provides easy access to At Risk people for those who wish to perpetrate abusive behaviour for their own gratification. Therefore, Goldstar Active is aware of the need to protect Adults at Risk from those individuals who may seek to harm them in our environment. Although this document mirrors the Safeguarding and Protecting Children Policy for practical reasons, there are fundamental differences between the policies.
The primary difference in addressing adult and child abuse relates to the adult’s right to self-determination. Adults may choose not to act at all to protect themselves and only in extreme circumstances will the law intervene. This is not the case for children because they are minors under the Children Act 1980 and this legislation can be used quickly and effectively to ensure protection from abuse once it has been recognised.
In cases of suspected adult abuse it is important to recognise that assertive persuasion to encourage the individual to report or take action against an abuser or abusive situation may have negative outcomes for that adult and could be detrimental to their wellbeing by causing them further harm. Therefore, the protection of Adults at Risk from abuse is a more complex process than child protection and requires policy and procedures that reflect this. Policy users need to develop an understanding that protecting Adults at Risk necessitates a more supportive and advisory approach in response to reporting abuse, than in child protection situations where the legal framework is clear and definitive and requires stipulated responses. In serious situations the child can be removed from the abusive environment, for Adults at Risk it is not always possible or appropriate to achieve this level of safety.
Each Adult at Risk is a unique individual with varying degrees of need and ability. Some people will have a combination of physical and learning disability, others may have one or the other; some may have mental health needs and a combination of other complex disabilities such as Epilepsy, Diabetes, Down Syndrome, visual or hearing impairment.
The appropriateness of involving carers in any activity and welfare related decision making will depend on the individual needs and circumstances of the Adult at Risk and, most of all, upon their wishes. Often Adults at Risk feel strongly that they want to maintain independence and make decisions for themselves; such views should be encouraged and supported wherever possible.Ideally, good practice suggests a partnership model of working involving the coach, teacher or club officer, the Adult at Risk and their carer. In these circumstances it is important that the Adult at Risk is at the centre of the decision making process.
The provisions in the Mental Capacity Act 2005 should be considered in relation to Adults at Risk and decision-making. Those without the capacity to make decisions under this legislation will be more dependent on their carer or responsible adult in the decision making process. The act provides that:
“A person is unable to make a decision for himself if he is unable—
- to understand the information relevant to the decision,
- to retain that information,
- to use or weigh that information as part of the process of making the decision, or
- to communicate his decision (whether by talking, using sign language or any other means).
- A person is not to be regarded as unable to understand the information relevant to a decision if he is able to understand an explanation of it given to him in a way that is appropriate to his circumstances (using simple language, visual aids or any other means).
- The fact that a person is able to retain the information relevant to a decision for a short period only does not prevent him from being regarded as able to make the decision.
- The information relevant to a decision includes information about the reasonably foreseeable consequences of deciding one way or another.
Goldstar Active encourages the individual’s development of independence, confidence and self-esteem on a personal level and in their sporting activities. Hence it is important that everyone is aware of the need to balance the involvement of carers and the needs and wishes of individual participants in cases where Adults at Risk are concerned.
The following policy document draws from and includes relevant legislation and government guidance such as the Safeguarding Vulnerable Groups Act 2006 and the No Secrets guidance (2000) regarding vulnerable people.
Goldstar Active is committed to:
- Making the welfare of Adults at Risk paramount, even where the rights and needs of the other adults that work with them are overridden in order to provide the necessary protection to these individuals,
- Enabling everyone, whatever their age, culture, disability, gender, first language, racial origin, religious belief and/or sexual identity, to participate equitably in a fun and safe environment,
- Taking all reasonable steps to protect Adults at Risk from harm, discrimination and degrading treatment and have respect for their human rights, wishes and
- Taking all suspicions and allegations of abuse or poor practice seriously and responding swiftly and appropriately to them in accordance with current procedures (found in the procedural documents),
- Ensuring that all Goldstar Active employees working with Adults at Risk are competent and appropriate for the responsibility and have been provided with relevant awareness training regarding the potential difficulties Adults at Risk can face and how to manage them,
- Requiring all affiliated clubs, competitions and regional councils to accept responsibility for the welfare of the Adults at Risk in their care in accordance with all the Goldstar Active policies and procedures, and that they incorporate these into their constitutions and rules,
- Being mindful and ensuring all affiliated clubs, competitions and regional councils are mindful of the differences between policies and procedures regarding Adults at Risk and those of children, and particularly that each Adult at Risk has the right to self determination in all but the most extreme
- Where appropriate, working in partnership with parents and carers to support the Adult at Risk and, where practicable, cooperating with their wishes to achieve the best outcomes for the Adult at Risk.
- Good practice, poor practice and abuse
It can be difficult to distinguish poor practice from abuse, whether intentional or accidental.
It is not the responsibility of any individual involved at Goldstar Active to make judgements regarding whether or not abuse is taking place, however, all Goldstar Active personnel have the responsibility to recognise and identify poor practice and potential abuse, and act on this if they have concerns as explained in section 3.
Goldstar Active strongly advises, that coaches of Adult at Risk participants fully accept Sports Coach UK and Goldstar Active Codes of Conduct, which follow those of British Gymnastics; our national governing body. Core coaches should also have completed a course in basic awareness in working with Adults at Risk and will work closely alongside junior staff members to identify poor practice and potential abuse.
- conduct appropriate risk assessments before carrying out any activity
- aim to make the experience of the participant fun and enjoyable
- promote fairness and playing by the rules
- not tolerate the use of prohibited or illegal substances
- treat all Adults at Risk equally and preserve their dignity; this includes giving attention, time and respect to all participants regardless of their level of ability
Coaches and those working with Adults at Risk should:
- respect the developmental stage of each participant and not risk sacrificing their welfare in order to gain club personal achievements
- ensure that the training intensity is appropriate to the physical, social and emotional stage of the development of the participant
- work with Adults at Risk and their Carers (where appropriate) to develop realistic training and competition schedules which are suited to the needs and lifestyle of the participant, not the ambitions of others such as coaches, team members, parents, carers or the club
- build relationships based on mutual trust and respect, encouraging Adults at Risk to take responsibility for their own development and decision-making
- always be publicly open when working with Adults at Risk, for example:
- Avoid coaching sessions or meetings where a coach and an individual participant are completely
- maintain an appropriate and open environment with no secrets
- avoid unnecessary physical contact with Adults at Risk
- maintain a safe and appropriate relationship with participants and avoid forming intimate relationships with those you are working with as this may threaten the position of trust and respect present between athlete and coach
- be an excellent role model by maintaining appropriate standards of behaviour
- gain the Adult at Risk’s consent and, where appropriate, the consent of relevant carers, in writing, to administer emergency first aid or other medical treatment if the need arises
- be aware of medical conditions, disabilities, existing injuries and medicines being taken and keep written records of any injury or accident that occurs, together with details of treatments provided
- arrange that someone with current knowledge of emergency first aid is available at all times
- gain written consent from the correct people and fill out relevant checklists and information forms for travel arrangements and
Physical contact may be appropriate where:
- it is neither intrusive or disturbing
- the participant has provided permission openly
- it is delivered in an open environment
The following is regarded as being poor practice and should be avoided as far as is reasonable:
- unnecessarily spending excessive amounts of time alone with an individual Adult at Risk away from others
- engaging in rough, physical or sexually provocative games, including horseplay
- allowing or engaging in inappropriate touching of any form
- using language that might be regarded as inappropriate by the Adult at Risk, especially comments regarding disability which may be hurtful or disrespectful
- making sexually suggestive comments, even in fun
- reducing an Adult at Risk to tears as a form of control
- letting allegations made by an Adult at Risk go unchallenged, unrecorded or not acted upon
- doing things of a personal nature that an Adult at Risk can do for themselves
- taking an Adult at Risk alone on a car journey, however short inviting or taking Adults at Risk to your home or office where they will be alone with you
- sharing a room with an Adult at Risk
Note: at times it may be impractical to avoid some of these particular examples of poor practice. In this case, to protect both the Adult at Risk and yourself, seek written consent from the Adult at Risk and, where appropriate, their Carer and ensure that the CWO is aware of the situation and gives their approval.
If, during your care, you accidentally injure an Adult at Risk, they seem distressed in any manner, appear to be sexually aroused by your actions, or misunderstand/misinterpret something you have done, report these incidents as soon as possible to another adult at Goldstar Active and make a brief written note of it. It may also be in the best interests of the adult to discuss the matter with them openly and in a professional and sensitive manner that will avoid embarrassment; this is dependent on the individual participant and the circumstances.
Abuse has many forms and can affect an Adult at Risk of any age or disability. The effects of such treatment can be degrading and damaging in the longer term and may follow an individual throughout their lives.
An individual who has been abused may exhibit a wide range of uncharacteristic behaviours some of which may manifest in the following ways:
- find it difficult or impossible to maintain a stable or trusting relationship
- become involved with drugs or prostitution
- increase alcohol consumption
- show angry or volatile behaviour without reason
- attempt suicide or self-harm
- go on to abuse another individual
Some of the reasons why Adults at Risk may be at increased risk of abuse are as follows:
- discrimination including ethnic or racial, sexual, disability orientated,
- isolation low self image and low self esteem resulting in vulnerable self presentation
- lack of knowledge about appropriate behaviours by others
- desire for acceptance, affection and attention
- powerlessness to protect themselves
- dependency upon others to care for them
- difficulty in communicating that abuse has occurred
- Indicators of abuse
Even for those experienced in working with the abuse of Adults at Risk, it is not always possible to recognise potential abusive situations or situations where abuse is ongoing. Personnel involved in the work of Goldstar Active do not have responsibility for assessing and deciding situations where abuse may be occurring. It is however the responsibility of everyone at Goldstar Active to be alert to the indicators of abuse and to act upon any concerns in line with Goldstar Active policy and procedures relating to the protection of Adults at Risk.
Indicators of abuse may include one or more of the following:
- unexplained or suspicious injuries such as bruising, cuts or burns, particularly if situated on a part of the body not normally prone to such injuries
- an injury for which an explanation seems inconsistent and improbable
- a disclosure made by an At Risk individual describing what appears to be an abusive act involving him/her
- an expression of concern from a third party about the welfare of an individual unexplained changes in an individual’s behaviour, such as loss of confidence, low self-esteem,
- becoming quiet and withdrawn, sudden outbursts of temper or uncharacteristic changes in behaviour, tearful , depressed, angry, watchful and frightened
- engaging in sexually explicit behaviour
- distrust of others, particularly those with whom a close relationship would normally be expected
- difficulty in making friends and socialising contrary to previous social behaviour
- being prevented from socialising with other individuals by a carer or person in a position of authority
- displaying variations in eating patterns including overeating, loss of appetite or stealing and concealing food
- unexplained weight loss deterioration in personal hygiene and physical appearance
- refusal/reluctance to undress or change for sporting activities
- Degree of abuse
In response to the No Secrets Government guidance, the Law Commission states that the severity and extent of abuse should be evaluated based on the level of harm brought about by ill treatment (not only physical ill treatment) “that leads to an impairment of, or avoidable deterioration in physical or mental health and the impairment of physical, intellectual, emotional, social or behavioural development”. In assessing the degree of abuse, consideration should be paid to:
- the vulnerability of the victim
- the nature and extent of the abuse
- the length of time the abuse has been occurring
- the impact on the individual
- the risk of repeated or increasingly serious acts involving this or other Adults at
- Types of abuse
The Government guidance No Secrets provides the following as classifications of abuse:
- Neglect and acts of omission
“Including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of necessities of life, such as medication, adequate nutrition and heating.”
At Goldstar Active this could include:
- a coach not keeping an Adult at Risk safe by exposing them to undue cold, heat or the unnecessary risk of injury e.g. allowing participants under their supervision to train or race inappropriately clothed for the prevailing conditions
- a parent, guardian or carer consistently leaving an Adult at Risk without adequate provisions e.g. food, water, clothing, where they are unable to provide themselves with these provisions
- Physical abuse
“may involve hitting, slapping, pushing, kicking, misuse of medication, restraint or inappropriate sanctions.”
At Goldstar Active this could include:
- a coach disregarding the individual requirements of each Adult at Risk’s needs when setting a training programme e.g. allowing those who are limited by a physical impairment to undertake inappropriately long, continuous training that causes harm.
- Sexual abuse “Including rape and sexual assault or sexual acts to which the vulnerable adult has not consented, or could not consent, or was pressured into consenting.
At Goldstar Active indicators could include:
- a coach engaging in unnecessary and inappropriate physical contact e.g. supporting participants through skills using touch in inappropriate or unnecessary areas.
- a coach making suggestive comments to their participants
- an individual spending an unnecessary amount of time in the changing area where Adults at Risk are
- Psychological abuse “Including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks.”
At Goldstar Active this could include:
- a carer or coach subjecting a participant to constant criticism, shouting, name-calling, sarcasm, bullying or discriminatory behaviours or prejudicial attitudes
- a carer or coach putting a participant under unrealistic pressure in order to perform to high expectations
- Financial or material abuse “Including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.”
At Goldstar Active this could include:
- blackmailing a participant by requiring financial or material payment in return for certain benefits such as proficiency awards or complements
- charging Adults at Risk more than the standard fee for participation in activities
- Bullying “Bullying is deliberately hurtful behaviour, usually repeated over a period of time, where it is difficult for those being bullied to defend themselves”
Bullying can be:
- Emotional being unfriendly, excluding (emotionally and physically), sending hurtful text messages, tormenting, (e.g. hiding kit or equipment, threatening gestures)
- Physical pushing, kicking, hitting, punching or any use of violence
- Racist racial taunts, graffiti, gestures
- Sexual unwanted physical contact or sexually abusive comments
- Homophobic because of, or focussing on the issue of sexuality
- Verbal name-calling, shouting, sarcasm, spreading rumours, teasing
The LSO must be informed of all allegations of abuse and persistent poor practice as soon as possible in order to decide the following:
- what further action should be taken by Goldstar Active
- whether the Adult at Risk should consider taking further action or advice
- whether further action, advice or investigation is needed by/from the Police or Social Care Services.
Passing on this information is important because the matter may be just one of a series of other instances which together cause concern. It enables the Case Management Group to analyse trends and improve existing policy and guidance at Goldstar Active.
Involving Statutory Agencies
It should be noted that physical and sexual abuse is illegal. Consequently there is an obligation that allegations and concerns are reported to the police who will decide whether to take criminal action or not. In some instances, other types of abuse such as discrimination and financial exploitation may also be considered to be criminal and these should also be reported.
In any case of physical or sexual abuse or where an Adult at Risk’s safety is at risk, the Adult At Risk must be encouraged to contact one of the following statutory agencies:
- their local police station or in an emergency, dial 999. The police should be involved if the abuse is thought to be of a criminal nature. A record should be made of the details of the referral and the crime reference number
- Adult Social Care Services (formerly Social Services). This body has a statutory duty to ensure the welfare of adults in at Risk positions and are legally bound to investigate allegations of abuse. Such investigations will involve discussing the matter with the vulnerable adult, and where appropriate their carers. They will also gather information from others who know and are involved with the vulnerable person
In an emergency, Social Care services contact details can be found on Hull and East Riding County Council’s websites or from the Samaritans (08457 909090) who will hold the Duty Officer’s contact number.
All telephone referrals made to the statutory agencies must be confirmed in writing within 24 hours detailing the following information:
- the name and title of the member of staff to whom the concerns were passed and the date this happened
- any action that has been taken
- a summary of the information shared and the response received
- the time and date of the referral call to the statutory agency
Other services that can offer help and advice:
- Telephone counselling service for children, young people and adults on any issue, including relationships, depression, mental health, abuse, addictions, stress etc. www.carelineuk.org Tel; 08451 228622
- Disability Information Service. National service providing information on all aspects of disability for disabled people, their families, friends and carers. diss.org.uk
- Charity working with people with a learning disability and their families and carers. www.mencap.org.ukHYPERLINK “http://www.mencap.org.uk/” T 0808 808 1111
- Mental Health Foundation. Information about how to get help with any mental health problem in your local area. mentalhealth.org.uk
- A wealth of information about mental health issues and contact details for the nearest Mind group in your area. www.mind.org.ukHYPERLINK “http://www.mind.org.uk/” T 0845 766 0163
- Ann Craft Trust. Offer advice on issues relating to children and adults with learning disabilities. anncrafttrust.orgHYPERLINK “http://www.anncrafttrust.org/” T 0115 951 5400
- Allegations of previous abuse
Allegations of abuse are occasionally made some time after the event, for example by an adult abused as a young person by a member of staff who may be still working with children or Adults at Risk. Where such an allegation is made, you should follow the procedures relating to the involvement of statutory agencies. This is because other Adults at Risk, either at Goldstar Active or in other environments, may be at risk from this person. Anyone who has a previous criminal conviction for offences related to abuse should automatically be excluded from working with At Risk groups.
- Club Welfare Officer (CWO)
Every sporting venue that has Children and/or Adults at Risk regularly using its facilities must appoint a Club Welfare Officer (CWO). This person must have a good awareness of Adults at Risk and the difficulties they face, good communication skills and an ability to provide support and advice. They should also be well organised, have good administrative and recording skills and an ability and willingness to promote and implement the Goldstar Active Safeguarding & Protecting Adults at Risk Policy, procedures and resources.
The CWO should be a figure well-known in the club and approachable by Adults at Risk but not someone involved directly in the coaching or day-to-day running of Adults at Risk activities. It is essential that the CWO is able to act in a confidential manner and to recognise the boundaries of his or her competence, role and responsibilities and where to seek advice and support.
The CWO needs to have awareness and understanding of the Goldstar Active’s Safeguarding & Protecting Adults at Risk Policy and procedure, and keep up to date with the appropriate training. The CWO is responsible for acting as a source of advice on safeguarding Adults at Risk and issues relating to their protection. The CWO must also co-ordinate Goldstar Active’s responses and actions, in line with policy and procedure, to referrals and expressions of concern about Adults at Risk.
- To provide information and advice on protection for Adults at Risk at Goldstar Active.
- To ensure that all personnel adopt and follow the Goldstar Active’s Safeguarding & Protecting Adults at Risk Policy and procedures, understands its responsibilities under the SVG Act, and promotes awareness of these within the
- To be a confirmation signatory, verifying the identity of individuals completing DBS Disclosure application
- To keep records of all those who have been vetted within the club and to ensure that DBS checks are updated on at least a three yearly
- To receive information from club staff, volunteers, Adults at Risk, parents, carers or advocates who have protection concerns regarding Adults at Risk and record
- To assess the information promptly and carefully, clarifying or obtaining more information about the matter as
- To report concerns where appropriate to the police in consultation with the individual or their
- To report referrals or concerns to the LSO as soon as possible in line with Goldstar Active procedures.
- To ensure that adequate information is available at the time of referral and that the referral is confirmed in writing, under confidential cover, where possible using the Incident Report Form.
- To advise club officers regarding the appropriate levels of protection required during the training of Adults at Risk from all individuals working with At Risk groups at Goldstar Active.
- To promote an equal opportunities approach at Goldstar Active, by maintaining anti- discriminatory practice standards, acknowledging that discrimination exists, actively addressing instances in line with Goldstar Active’s policy and procedure and encouraging members to receive training to raise awareness and improve understanding of
- To advise Goldstar Active of relevant training
- Codes of conduct
Codes of conduct are useful for everyone concerned at Goldstar Active to outline expected behaviour of different groups. Goldstar Active has published a comprehensive code of conduct document that contains ideas for model codes. This document also considers specific codes of conduct for parents and carers, athletes and other members.
- Changing rooms
- Where it is felt that supervision is necessary for Adults at Risk, this should be undertaken by two or more personnel
- Adult coaches or volunteers should not shower or change at the same time as the At Risk individuals they have been working with
- No staff or volunteers, medical or otherwise should be present when participants of the opposite sex are showering or changing (for example a male coach working with a female crew)
- Separate changing facilities are available. If an Adult at Risk is uncomfortable showering or changing in public, no pressure should be put on them to do so; they should be encouraged to change and shower at home
- Adults at Risk and, where appropriate, their carers should be involved in deciding how best they can be assisted. Always ensure the Adult at Risk consents to the assistance that is offered
- No photographic equipment should be used in the changing room environment. This includes cameras, video cameras, camera phones
- Coaching Ratios
Although there is Government guidance for people working with Adults at Risk such as that found in the No Secrets guidance, it is essential a separate Risk Assessment is undertaken for each group of Adults at Risk and that this is reviewed for each training session. Participants who require care or support from other adults for whatever reason, even those qualified as coaches, should be supervised at all times.
In line with the national guidance the level of supervision should take account of:
- any disability and level of physical and mental ability of each individual
- the extent of dependency of the Adult at Risk on carers/parents
- the type of training session being undertaken: on land or water
- the individual’s scope for developing independence
- the environment that the session is taking place in
- a specific risk assessment
If there is an accident or incident you should ensure there is always someone available to supervise the other Adults at Risk; coaches should ensure they never work in isolation.
- Local Multi-Agency Safeguarding Adults Committee
Goldstar Active’s Safeguarding & Protecting Adults at Risk Policy and the guidance contained in this document and its appendices are consistent with the government’s Safeguarding Vulnerable Groups Act 2006. The CWO should endeavour to make themselves aware of the local authority protection of Adults at Risk arrangements, policies and procedures as they relate to sports. The CWO should obtain the Local Authority lead officer’s name and contact details.
- Regulated Activity with adults
The Freedom of Protections Act 2012 limits the scope of Regulated Activity with adults to areas that are unlikely to fall within the sports environment. See the Glossary for more details.
- Recruiting and Selecting People to work with Adults at Risk
Anyone may have the potential to abuse Adults at Risk in some way and it is important that all reasonable steps are taken to prevent unsuitable people from working with them. This applies to anyone whether voluntary or paid who is going to have Significant Access to Adults at Risk.
The responsibility for having safe recruitment processes in place rests with Goldstar Active. These procedures apply equally to paid or unpaid persons who are working on programmes, courses or events specifically aimed at Adults at Risk, or regularly with groups of Adults at Risk.
New volunteers and paid staff working in a role that entails Significant Access to Adults at Risk, or where they have a Position of Trust, or existing volunteers or staff who change their role to work with these vulnerable groups, are required to complete the following vetting process:
- Complete an application form. This will help access the applicant’s suitability to work in the role, based on their skills and competencies as well as eliciting information about an applicant’s past
- Complete a self-disclosure about any matter that might influence their suitability to work with Adults at Risk
- Provide two appropriate referees
- Provide evidence of their identity (such as a driving licence with photo or passport)
- Complete a Criminal Records Check at the Enhanced Level for the specific role
In addition if the person is to be working in Regulated Activity with Adults (see Glossary) they must complete a Barred Lists Check. Please note that it is a criminal offence to employ someone in paid or unpaid role in Regulated Activity if they are on the Barred List. It is also a criminal offence for a person who is on the Barred List to apply for a role in Regulated Activity.
The CWO must maintain records of any references including written records of verbal references.
Note: Completing the above process does not guarantee that the individual is safe to work with Adults at Risk. Goldstar Active will use information from the DBS as part of an overall recruitment and selection process to assess any potential risk. Goldstar Active will alsoassess for itself the individual’s suitability by taking up references, interviewing and supervision.
Completing a DBS Disclosure application is a particularly confidential and sensitive matter for some people and care should be taken to explain how any information contained on the Certificate will be treated.
Any disclosures will be dealt with confidentially following the guidance set out in Information Sharing: Guidance for Practitioners and Managers, HM Government 2008.
Criminal Record and, where relevant, Barred List Checks must be renewed every three years if a person remains in post or more regularly if, for example, there is a concern raised, if the person changes their role or if the person has been absent from the club for a significant period
- Who should have a Criminal Records Check?
Every sporting facilty that has Adults at Risk regularly using its facilities must ensure that the following roles are properly vetted:
- Club Welfare Officer (CWO)
- coaches who regularly coach Adults at Risk
- trailer drivers or volunteers who regularly spend time away with Adults at Risk at regattas or training camps
In line with the definition of Regulated Activity in the Glossary anyone transporting those considered ‘Vulnerable Adults’ under the ‘No Secrets’ definition must be checked against the Barred List.
- Awareness and training
- Training for staff and volunteers
Training should be provided for staff and volunteers on the policy, procedures and professional practices that are in place and commensurate with their responsibilities in the Adult at Risk protection process. Training should take place at all levels to ensure that procedures are carried out consistently, it should also be considered as a continuing responsibility. This should include:
- awareness training in the abuses that can take place and the duty to report
- specialist training for investigators and managers
- issues relating to staff safety within a Health and Safety framework
To create an enjoyable and safe environment for all Adults at Risk , everyone involved at Goldstar Active must be aware of what good practice is and how to deal with poor practice and abuse.
Formal training will help people to work safely and effectively with Adults at Risk by:
- comparing their own practice against what is regarded as good practice and identifying ways to improve
- ensuring that they are not placing themselves at risk from allegations
- recognising their responsibilities and reporting any concerns about suspected poor practice or abuse
- understanding the recruitment and selection procedures described
The CWO should maintain a written record of training and relevant qualifications of those working with Adults at Risk within the club.
- Recommended levels of awareness and training
Within the club environment everyone has a responsibility to be aware of the Safeguarding & Protecting Adults at Risk Policy, understand what is good and poor practice and know what to do if they have a concern. All members should have access to the policy document at Goldstar Active.
Coaches and volunteers may undertake the generic sports coach UK courses such as Equity in your coaching and Creating a safe coaching environment. Information is available on the Sportscoach UK website www.sportscoachuk.org
Hull and East Riding County Councils also run basic awareness level safeguarding courses although these will not be specific to sport.
Have read BR Adults at Risk Policy
Basic Awareness Module
|Sportscoach UK Adults at Risk workshop or equivalent|
|Club Welfare Officer (CWO)||P||P||P|
|Coaches of Adults at Risk||P||P||P|
|Co-ordinator or manager of Adults at Risk or coaches||P||P||P|
|Trailer drivers who may travel with Adults at Risk||P|
|Volunteer / Parent / Carer / Helper||P|
|The Grind staff||P|
|Umpire / race official||P|
|Club employee / steward||P|
- Complaints & disciplinary procedures
Goldstar Active has its own Complaints and Disciplinary Procedure for dealing with breaches of the Safeguarding & Protecting Adults at Risk Policy and procedures.
If a case is being investigated by a statutory agency, Goldstar Active may suspend the individual concerned whilst this investigation is taking place. This is a neutral act and is not intended to prejudge the outcome of the investigation, but simply to remove the individual from contact with Adults at Risk until the investigation is concluded. Once the statutory agency’s investigation is completed, and irrespective of its findings, Goldstar Active will assess the case following its disciplinary procedures.
If the abuse is alleged to have been committed in the course of a person’s employment, he or she will be subject to whatever disciplinary procedures and sanctions are stated in their employment contract. Goldstar Active may decide to await the outcome of such procedures before starting its own investigation.
Every effort will be made to maintain confidentiality for all concerned, and consideration will be given to what support may be appropriate to Adults at Risk, carers, parents, members of staff and volunteers.
It is not always possible to determine exact timescales for when cases will be resolved, however Goldstar Active will always try to ensure that all parties know what procedure will be followed and what the expected time scales are. If there is a delay they will endeavour to inform all parties why there is a delay and when any development is expected. There should not be any period without communication of more than 28 days with involved persons. Ideally case management processes should not extend over more than 3 months; only in exceptional circumstances should they extend up to 6 months.
- Implementation and monitoring procedures
Goldstar Active management will oversee the implementation of these procedures and to monitor their application in practice. They will ensure that:
- Goldstar Active’s procedures continue to reflect the current recommendations of external agencies that specialise in Child and Adult at Risk protection
- The procedures are disseminated and applied by Goldstar Active members
HEALTH AND SAFETY POLICY
|This is the statement of general policy and arrangements for:||
GOLDSTAR ACTIVE GROUP LIMITED
|Caroline Woodcock||has overall and final responsibility for health and safety|
|has day-to-day responsibility for ensuring this policy is put into practice|
|Statement of general policy||Responsibility of: Name/Title||Action/Arrangements (What are you going to do?)|
|Prevent accidents and cases of work-related ill health by managing the health and safety risks in the workplace||Caroline Woodcock||Relevant risk assessments completed and actions arising out of those assessments implemented. (Risk assessments reviewed when working habits or conditions change.)|
|Provide clear instructions and information, and adequate training, to ensure employees are competent to do their work||Laura Kitney||Staff and subcontractors given necessary health and safety induction and provided with appropriate training (including working at height, asbestos awareness and electrical safety) and personal protective equipment. We will ensure that suitable arrangements are in place to cover employees engaged in work remote from the main company site.|
|Engage and consult with employees on day-to-day health and safety conditions||Caroline Woodcock
|Staff routinely consulted on health and safety matters as they arise but also formally consulted at regular health and safety performance review meetings or sooner if required.|
|Implement emergency procedures – evacuation in case of fire or other significant incident.||Caroline Woodcock||Escape routes well signed and kept clear at all times. Evacuation plans are tested from time to time and updated as necessary.
|Maintain safe and healthy working conditions, provide and maintain plant, equipment and machinery, and ensure safe storage/use of substances||Laura Kitney||Toilets, washing facilities and drinking water provided. System in place for routine inspections and testing of equipment and machinery and for ensuring that action is promptly taken to address any defects.|
|Signed: *||Caroline Woodcock||Date:||5 September 2018|
|Health and safety law poster is displayed at (location)||Reception|
|First-aid box is located:||Staff room|
|Accident book is located:||Reception|
EQUALITY & ETHICS POLICY
This policy is adapted from the British Gymnastics Equality Policy
- Policy Objectives
- Purpose of the Policy
- Responsibilities of Goldstar Active
- Responsibilities of the Individual
- Legal Requirements
- Implementation Procedures
- Monitoring and Evaluation
- Policy Objectives
- Goldstar Active subscribes to the principles of equality of opportunity and aims to ensure that anyone participating or wishing to participate in the sporting activities on offer is able to do so in a discrimination-free environment.
- The Equality Policy is based on the following fundamental principles, which Goldstar Active aims to uphold:
- All persons must respect the rights, dignity and worth of every human being and their right to self- determination.
- All staff, members, volunteers and job applicants are entitled to be treated fairly regardless of gender, gender reassignment, sexual orientation, age, parental or marital status, disability, religion, colour, race, ethnic or national origins, or socio/economic
- Equality must permeate throughout strategic and development
- All participants should be afforded equal opportunity to access
- In some cases, positive action may be required to address past inequalities or under- representation.
- It is everyone’s responsibility to ensure that no form of discrimination is tolerated at Goldstar Active.
- Any individual who believes they have received unfavourable treatment within the scope of the policy should raise the concern in line with Goldstar Active’s Complaints & Disciplinary
- No individual (and/or their family) who raises a concern in good faith, or those who support another person to raise a concern should be treated unfairly as a result of raising the
2. Purpose of the Policy
- This Equality and Ethics Policy has been designed to ensure that no job applicant, employee, volunteer, participant or member is unlawfully discriminated against or receives less favourable treatment on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation (together these are known as the ‘Protected Characteristics’ under the Equality Act 2010)
- Goldstar Active recognises that individuals (and/or certain groups in our society who share one or more Protected Characteristics) may have been denied opportunity to access or participate fully in sport in the past. This Policy has been produced to try to ensure that everyone is treated fairly and avoid practices that could discriminate directly or indirectly towards certain sections of society. In order to achieve equality, Goldstar Active recognises that in some instances, unequal distribution of effort and resources may be required. This may be necessary when sections of society are faced with barriers that prevent or restrict their participation in sport. Goldstar Active supports the need for positive action to alleviate any barriers to
- Equality is about respecting peoples’ individuality. In doing this, Goldstar Active recognizes that its Policy must provide flexibility in order to ensure a service, which is adaptive to individuals’ needs, thus enabling all in our society to participate without prejudice or unnecessary
3. Responsibilities of Goldstar Active
- Goldstar Active strives to ensure that sport is free from We endeavour to promote the highest standards and will:
- Provide and implement a policy to protect participants from
- Encourage individuals from all communities to become involved at any level of participation, coaching, officiating and
- Adopt good practice in recruitment, training and supervision of all employees and volunteers, and provide good practice guidance to our affiliated
- Ensure that affiliated clubs and organisations adopt either our Equality & Ethics Policy or similar.
- Respond to all concerns, and implement the appropriate disciplinary and appeals
3.2 Goldstar Active will work to ensure that inequality is avoided: –
- When selecting, recruiting and training
- In the monitoring of practices, procedures and data relating to the operations and activities of its affiliated
- By the relaxation of any conventional rules and regulations which serve to inhibit the performance of those candidates with special needs or disabilities, providing that such action does not have detrimental effect on the standard, quality and integrity of the
4. Responsibilities of the Individual
- Everyone associated with Goldstar Active is required to assist in ensuring that we meet our commitment and avoid unlawful
- Individuals can be held personally liable as well as, or instead of, our Organisation, for any act of unlawful discrimination. Individuals who commit serious acts of harassment may be guilty of a criminal
5. Legal Requirements
- Goldstar Active recognises its legal obligations under, and will abide by the requirements of, the Equality Act 2010, and any later amendments to such legislation or subsequent equality related legislation that may be relevant to our Organisation.
- It is unlawful to discriminate directly or indirectly in recruitment, employment or in the provision of services because of age, disability, sex, gender reassignment, pregnancy, maternity, race (including colour, nationality and ethnic or national origins), sexual orientation, religion or belief, or because someone is married or in a civil
- Goldstar Active will seek advice each time this Policy is reviewed to ensure it continues to reflect the current legal framework and good practice
- Goldstar Active recognises that the following is unacceptable:
‚Discrimination, Harassment, Bullying and Victimisation‛
- Unlawful discrimination, which can take the following forms:
- Direct Discrimination: – treating someone less favourably than another person because of a Protected
- Indirect Discrimination: – an action, rule or policy that applies to everyone but disadvantages someone with a particular Protected
- Associative Discrimination: – direct discrimination against someone because they associate with another person who possesses a particular Protected
- Discrimination by perception: – direct discrimination against someone because others think they possess a particular Protected
- Discrimination arising from disability: – someone is treated unfavourably because of something connected with their
- Bullying: – offensive, intimidating, malicious or insulting behaviour, and /or an abuse or misuse of power that is meant to undermine, humiliate or injure the person on the receiving
- Harassment: – unwanted or offensive conduct directed at oneself or another
- Harassment by a third party: – the company is potentially liable for harassment of their staff by people not employed by
- Victimisation: – treating a group or individuals in a detrimental way because they have made or intend to make a complaint or provide evidence in support of another
- Goldstar Active regards acts of discrimination, bullying, harassment or victimisation as serious issues. Staff or members who, following disciplinary procedures, are found to have discriminated against, harassed, bullied or victimised any other person, will be dealt with
- Goldstar Active recognises it has a duty, and is committed to making reasonable adjustments for disabled
- Our duty to make reasonable adjustments includes the removal, adaptation or alteration of physical features, if the physical features make it impossible or unreasonably difficult for disabled people to use
- Goldstar Active, when acting as a service provider, has an obligation to think ahead and address any barriers that may impede disabled people from accessing its
6. Implementation Procedures
- Goldstar Active has adopted an Equality Action Plan, which is designed to increase the diversity of the organisation and its membership. The plan also sets out the actions that we will take to improve sport in our community, making it more accessible in order to reduce inequalities and under-representation. This Plan sets out our commitment to communicating equality with all staff and
- Goldstar Active has embedded this Action Plan in to its strategy and planning tool to ensure that equality actions are an integral part of our continuous improvement process.
- The Ethics and Welfare Committee, which is a sub-committee of the main Board, is responsible for determining the appropriate course of action for any complaints or concerns raised under the Policy.
- Goldstar Active has complaints and disciplinary procedures in place, in compliance with the principles of natural
- Goldstar Active is committed to ensure that the Equality Policy is widely available and effectively communicated to all staff, members and volunteers via the website and other forms of
- We will endeavour to provide the resources necessary for the implementation of the Equality & Ethics
- Goldstar Active monitors the Equality profile of members, employees and job applicants and the ongoing impact of the Policy and implementation
- Goldstar Active has ensured key staff have attended equality training and aim to ensure all staff members attend training in the future and new staff receive training on the Policy as part of the induction
- Our staff induction process includes the provision of this policy and procedures to manage equality issues in the
- Goldstar Active will ensure any changes to Government Equality Legislation are reflected in future
- Goldstar Active will promote best practice and implement change to bring about improvements in practice and
7. Monitoring and Evaluation
- This Equality & Ethics Policy will be regularly monitored and a full policy review will take place tri-annually. The following situations may also evoke a review of the policy: –
- As a result of any changes in legislation
- As a result of any changes in governance of the sports
- Following a procedural review as a result of a significant case
- The Club shall be known as “Goldstar Community Sports & Recreation Club” herein referred to as ‘the Club.’ The Club is owned and managed by Goldstar Community Ltd (GCL). This company is a not for profit organisation and is limited by guarantee (registered England Company number – 10736499). The Club will be affiliated to British Gymnastics.
- The assets of the Club are owned and insured by GCL.
- The aims of the Club shall be:
- To increase membership at the Club and increase the accessibility of sporting activities (gymnastics, trampolining, dance & adult fitness classes) to the local community.
- To develop coaching, training and support programmes at the Club.
- To ensure a duty of care to all members of the Club.
- To provide all its services in a way that is fair to everyone.
- Membership shall be open to anyone interested in the various sporting activities offered at the Club on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis.
- The Club may have different classes of membership and subscription on a non-discriminatory and fair basis. The Club will keep subscriptions at levels that will not pose a significant obstacle to people participating.
- All members will be subject to the regulations of the constitution and by joining the club will be deemed to accept these regulations and codes of practice that the club has adopted.
- The Directors of GCL may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the Club or sports into disrepute. Notice in writing by the Directors of the Club would be sent to the members’ address to request that the Club member withdraws from membership of the Club. In the event that the member refuses to withdraw, then the Club Member would be given fourteen days’ notice of a meeting of Directors in which the motion to remove membership would be on the agenda. The Club member concerned may present a statement in his defence before a vote is taken and he shall not be required to withdraw without a majority decision of the Directors. A person may appeal such a decision by appealing to the Board who will then put the matter to a general meeting for it to be decided by a majority vote of members present and voting at the meeting (see section 10. Disciplines & Appeals for further information).
- Club members shall:
- Be anyone over the age of 16 who has completed a ‘Membership form’ and has paid the relevant club fee by the due date. For under 16 members parent/guardians are entitled to one proxy vote per junior member. If a gymnast is no longer training at the club or is in arrears on training fees then the member shall be deemed to have resigned his/her membership of the Club.
- Be any coaches/volunteers at the Club. Any paid members of staff are not entitled to vote on any matter which relates to remuneration. If a coach/volunteer leaves the Club then membership automatically ceases.
- Directors of CGL may be voting members of the Club but may not stand for a position on the Parents Committee.
- Honorary Members of the Club are those people who have been appointed in recognition for their work on behalf of the Club or their role in the various sporting activities. Honorary members remain so for life.
- The Club is an affiliated club of UKCC Gymnastics and Yorkshire Gymnastics Association.
- The Club Welfare officer will be responsible for child protection and the Club has adopted a policy based on the British Gymnastics Child Protection Policy.
- The Club will appoint a Health and Safety Officer who will be responsible for Health and Safety matters and risk assessments. The Club will adopt the British Gymnastics Health and Safety Policy.
- The Club shall operate an equal opportunities policy and there shall be no discrimination in any way on account of race, religion, origin or sexuality. The Club will adopt the British Gymnastics Equity and Ethics Policy acknowledges and accepts the following Sport England definition of sports equity:
“Sports equity is about fairness in sport, equality of access, recognising inequalities and taking steps to address them. It is about changing the culture and structure of sport to ensure it becomes equally accessible to everyone in society.”
- Discipline and Appeals
- If there is a complaint regarding a coaching issue at a session, then the first point of contact should be the coach in charge of the group. If the issue is not resolved then the matter should be put in writing to the Club Welfare Officer. All complaints regarding the behaviour of members should also be submitted in writing to the Club Welfare Officer. All matters regarding discipline will follow the Clubs disciplinary procedure.
- The Committee will meet to hear complaints within fourteen days of a complaint being lodged. The Committee has the power to take appropriate disciplinary action including the termination of membership.
- The outcome of a disciplinary hearing should be notified in writing to the person who lodged the complaint and the member against whom the complaint was made within fourteen days of the hearing.
- There will be the right of appeal to the Committee following disciplinary action being announced. The Committee should consider the appeal within fourteen days of the Secretary receiving the appeal.
- An Annual General Meeting (AGM) shall be held once in every calendar year and not more than 15 months after the last AGM in order for members of the Club to exercise their democratic rights in conducting the Club’s affairs. All voting members of the Club shall be entitled to be present, speak and vote for the purpose of conducting the following business:
- Receipt and approval of the minutes of the previous AGM (and any special or Extraordinary Meetings held subsequently).
- To receive a report from the Chair & Treasurer of the Board of GCL.
- To receive and formally adopt the accounts of GCL for the previous year.
- To appoint the Club’s auditors
- To conduct an election/re-election of Directors to sit on the Board of GCL.
- If any new Board members are proposed at the AGM by members, a written letter accepting the nomination and giving a brief resume of skills should be submitted to the Secretary not less than seven days before the AGM.
- To elect officers of the Parents Committee (or whatever name the Club may use for the Social/Fund Raising Committee)
- Any other business brought before the meeting which has been submitted in writing to the secretary not less than seven days prior to the AGM, and any other business deemed relevant by the chairperson.
- All voting shall be by a show of hands and deemed carried if there is a majority in favour of the motion. In the event of the motion having an equal vote for and against the Chairperson shall have the right to a casting vote, except in matters related to coaching, where the Coaching Coordinator will have the casting vote.
- Notice of a General Meeting shall be given by the Club Secretary to all members not less than ten working days prior to such a meeting.
- The quorum shall be a minimum of 25% of members entitled to vote upon the business to be transacted including the Chairperson, Treasurer, Club Secretary, Club Welfare Officer, and a Parent Representative.
- All general meetings other than annual general shall be called a general meeting. The Directors may call a general meeting at any time and must call a general meeting if required to do by the members under the Companies Act. There shall be a minimum of 4 such meetings each year.
- A minimum of 14 Clear Day’s notice of a general meeting is required or shorter notice if it is so agreed by a majority of the members having a right to attend and vote at that meeting.
- The chair of the meeting may permit other persons who are not members of the Club to attend and speak at a general meeting.
- All members shall register with the Secretary (who will be the current Secretary of GCL) prior to the start of the meeting – all members entitled to vote must have been members of the Club one month before the meeting.
- Purpose of such meetings will include adopting new policy, codes of practice and rules that affect the organisation of the club.
- All voting shall be by a show of hands and deemed carried if there is a majority in favour of the motion. In the event of the motion having an equal vote for and against the Chairperson shall have the right to a casting vote, except in matters related to coaching, where the Coaching Coordinator will have the casting vote.
- The Secretary shall keep the minutes of the meetings and record all proceedings and resolutions.
- The quorum shall be 10% of the total eligible clubs’ membership with a minimum of 3 individuals with a right to vote.
- The day to day running of The Club shall be done by the Directors of GCL. For the avoidance of doubt, the Parents Committee have no rights to decide on how the Directors of GCL run the Club on a day to day basis. GCL paid staff will deal with all other aspects of running of The Club. The Directors of GCL will be responsible for appointing and employing coaches and all aspects of the sporting activities, health and safety and child welfare.
- The Parents Committee will consist of a Chairperson, Secretary, Treasurer and Fundraising Coordinator. The Directors and Club Manager may attend any Parents Committee meeting but should only provide guidance to the committee and do not have voting rights. Any Director of GCL has the right to sit in during committee meetings, but do not have voting rights on the Parents Committee. The Parents Committee shall hold a minimum of twice yearly meetings other than the AGM. The Parents Committee shall have the rights to co-opt any person whose particular expertise may be required at any time. Co-opted members would have voting rights. The Chair of the Parents Committee would sit on the Parents/Guardian Council.
- The only responsibilities of The Parents Committee will be to organise fundraising/social events and to use funds generated from Fundraising to purchase new equipment, support gymnasts or to use the funds raised to benefit club members. The Parents Committee will also assist the Directors, staff and coaches at GCL to organise club competitions and special events. All money raised will be kept in the GCL bank account but will be ring fenced for the use of the Parents Committee.
- The club treasurer will be responsible for the finances of the club. The financial year of the club will run from 1st April and end on 31st March. All club monies will be banked in an account held in the name of the club and an audited statement of annual accounts will be presented by the treasurer at the Annual General Meeting. Any cheques drawn against club funds will hold the signatures of the treasurer plus up to two other officers and all members of the Club shall be jointly and severally responsible for the financial liabilities of the Club.
- Duties of Officers
- The Chairperson shall:
Chair any meeting.
Be responsible with the secretary for the issuing of the agenda.
Provide leadership and encouragement for the Committee
Act as a spokesperson for the Club.
Laura Kitney is the named Chairperson
- The Club Secretary shall:
Along with the Chair, prepare and distribute the general meeting agendas
Keep the minutes of all Club general meetings and distribute copies
Keep signed copies of all meeting minutes on file
Present an annual report at the Club’s AGM
Deal with all Club correspondence, distributing to relevant officers for response where required
Act as a signatory on the Club account
Maintain the Club database
To ensure that all members have a copy of the Club Code of Conduct
Caroline Woodcock is the named Club Secretary
- The Treasurer shall:
Reconcile training fees
Bank monies and take care of investments
Pay accounts and invoices
Keep an accurate record of the accounts and produce an Annual Statement of accounts independently examined.
Amy Dove is the named Treasurer
- The Club Welfare Officer shall:
Responsible for Child Protection and welfare issues
Christine Burden is the named Welfare Officer
- The Director of Coaching shall:
Provide mentoring of coaches
Be responsible for a structured coaching programme and to provide competition opportunities
Provide coach and judge education development
Develop the Centre of Excellence
Identify new coaches and offer training opportunities
Maintain school/club/community links
Kelly Nicholson is the named Director of Coaching
- The Health and Safety Officer shall:
Liaise with the Director of Coaching over health and safety issues and perform an annual equipment check.
Liaise with the Heads of The Grind Coffee Shop and Rising Stars Crèche over health and safety issues and perform annual equipment check.
Perform a monthly equipment check
Arrange an annual inspection of equipment and address any concerns
Perform annual risk assessments.
Report any concerns to the committee and if needs be declare any piece of equipment out of use.
Be the first point of contact for Club volunteers, young people and parents for any issues regarding health and safety.
Ensure that all aspects of accidents/incident reporting comply with BG policies.
Amy Dove is the named Health and Safety Officer.
- The Volunteer Coordinator shall:
Assess the human resource needs for the Club for general running and special events
Recruit and recommend the appointment of volunteers to roles that suit them
Organise the orientation and the induction of volunteers
Liaise with the Club Secretary organising volunteer rosters and maintaining records
Identify and organise the training and education opportunities for volunteers
Ensure that volunteers are reimbursed for their approved out-of-pocket expenses
Ensure all volunteers are recognised for their efforts
Daniel McIntyre is the named Volunteer Coordinator.
- The Partnership Liaison Officer shall:
Provide a link between the Club and outside agencies for the benefit of the local community as a whole.
Caroline Woodcock is the named Partnership Liaison Officer.
- The Funding Coordinator shall:
Implement GCL’s fundraising strategy
Organise and manage fundraising activities
Seek and apply for funding opportunities
Manage the reporting process for successful grants
Kelly Nicholson is the named Funding Coordinator.
- Club Captains shall:
Represent the views of members at general meetings
Act as buddies at club sessions for anyone wishing to approach some one with problem.
Report incidents or issues to the Club Welfare Officer or Director of Coaching.
Accept trophies on behalf of the club at presentations
Club Captains shall be appointed on a rotational basis within the Club.
- Members of the Committee shall:
Provide general assistance with the management of the Club.
Accept responsibility for specific duties delegated by the Directors.
- The Club, its Parents Committee and all its members shall at all times, act in accordance with the Code of Conduct and behaviour laid down by GCL in the members’ handbook.
- Any proposed amendments to this Constitution must be given formal written notice of motion not less than seven (7) working days prior to the meeting at which it is to be discussed. Such a proposal shall require a two-thirds majority of Club members present and voting at a general meeting before it can be adopted.
- Dissolution of the Club.
Any resolution to dissolve the club may be passed at any General Meeting provided that:
- the terms of the proposed resolution are received by the Secretary at least forty two days before the meeting at which the resolution is to be brought forward, and that:
- at least twenty eight days notice of the proposed resolution shall be given in writing by the Club Secretary to all members, and that:
- such a resolution shall receive the assent of 75% of those present and entitled to vote.
Upon dissolution of the Club, after all Club and Trustee liabilities have been cleared, all remaining financial and material assets shall be paid to or distributed to another registered community amateur sports club for relevant sporting activities, to the governing body of the relevant sports, for use in community related charitable initiatives, or to a registered charitable organisation.
GCL hereby adopts and accepts this constitution as a current operating guide regulating the actions of members.
|Date||24th July 2017|
|Laura Kitney||Position||Company Director|
|Date||24th July 2017|
|Caroline Woodcock||Position||Company Director|
|Date||24th July 2017|
|Kelly Nicholson||Position||Club Secretary|
COMPLAINTS & DISCIPLINARY PROCEDURES
Part 1 Introduction
Part 2 Complaints
Part 3 Parties involved in the Complaints and Disciplinary processes Part 4 Treatment of a Complaint
Part 5 Formal Disciplinary Proceedings
Part 6 Appeals
Part 7 General
Appendix 1 Grievances against Goldstar Active
- Code of Conduct
- Definitions and Interpretations
Part 1: Introduction
- Goldstar Active’s Constitution, its Regulations and the various conditions of membership, registration and affiliation together require that all members are to comply with Regulations made by the Board and conduct themselves in accordance with the Code of Conduct document and Goldstar Active Policies.
Other individuals and organisations affiliated with Goldstar Active may also be subject to all or part of the Code by agreement with Goldstar Active.
- These Complaints and Disciplinary Procedures are issued by Goldstar Active. Breaches or alleged breaches of the Constitution and Regulations of Goldstar Active, of the Code of Conduct or of Policies of Goldstar Active shall be investigated and determined in accordance with the Complaints and Disciplinary Procedures Policy. The Disciplinary Procedures apply to all those to whom the Code of Conduct
- This document may be amended from time to time by the Board or by officers of Goldstar Active authorised by the Board to do
- Some words and phrases used in this document have a particular, defined, For most purposes the meaning will be apparent from the context but some formal definitions are set out below.
In the Goldstar Active Code of Conduct and these Complaints & Disciplinary Procedures a ‚Participant‛ includes any person or organisation the Code and these Procedures apply to as described in paragraph 1.
This document, and the provisions contained in it, are variously referred to as the ‚Complaints & Disciplinary Procedures‛ and ‚these Procedures‛.
- Nothing in this document overrides, amends or waives any provision in the Club Constitution or restricts the rights of the Board to make or amend Regulations or other Bye-Laws or to manage the business of Goldstar Active as they see fit.
Aims and Status
- Goldstar Active is committed to providing a quality service to all Participants and to others who have reason to be concerned about the behaviour of any These Procedures are intended to ensure a fair and consistent approach to the handling of Complaints against Participants.
- These Procedures aim to:
- Allow Complaints to be resolved without formal disciplinary action if possible;
- Resolve or determine Complaints within a reasonable period; and
- Provide a fair and rigorous process for those circumstances where formal disciplinary proceedings are necessary
- The laws of England shall apply in relation to these Procedures and to the interpretation of the Code of Conduct and
Summary and Scope
- These Procedures describe
The process by which breaches or alleged breaches are to be brought to the attention of Goldstar Active, how they are to be investigated and how they are to be considered at a preliminary stage before formal disciplinary action is taken.
The alternative routes that may be followed before or in place of formal disciplinary proceedings.
Who is authorised to take disciplinary action, to initiate disciplinary proceedings and to investigate and present particulars of the alleged breaches to those responsible for determining disciplinary proceedings (in more serious cases sometimes referred as ‚prosecuting‛ in the proceedings).
Who will hear and determine formal disciplinary proceedings and the way in which those hearings and proceedings are to be conducted.
10. The disciplinary sanctions and other actions which may be taken by Goldstar Active where it is determined or agreed that breaches have occurred
- These Procedures do not apply to disciplinary action taken by Goldstar Active against employees of Goldstar Active in the course of their
- These Procedures do not apply to complaints about Goldstar Active programmes, events, services or decisions (‚acts of Goldstar Active‛) except to the extent that the primary substance of the complaint is that an individual Participant has personally been in breach of the Code of Conduct. Any complaints concerning these matters should be addressed to the Company Directors. These include, but are not limited to complaints relating to
Goldstar Active Competitions/Events
Goldstar Active Squads
Goldstar Active services to members
If it appears to the Lead Officer considering a Complaint about the conduct of a Participant that the primary substance of that Complaint is a complaint about an act of Goldstar Active the matter shall be referred to the Company Directors.
13. The basis for the exclusion of complaints about acts of Goldstar Active is that it is not possible for Goldstar Active to ‘determine’ or ‘adjudicate’ on allegations that it has itself behaved improperly; it can only ‘respond’ to those Where a Member alleges that Goldstar Active has behaved improperly or is in dispute with Goldstar Active about any matter the complaint shall be considered under Appendix 2 as a grievance against Goldstar Active.
14. These Procedures are concerned primarily with misconduct involving serious breaches of the Code of Conduct. Although the process for handling of Complaints may provide an informal process for facilitating dispute resolution these Procedures do not provide for Goldstar Active to adjudicate in disputes between
15. Where one or more Goldstar Active Participants are in dispute with one another, including employment disputes; Goldstar Active will not directly provide Dispute Resolution services as an alternative to legal action or to the making of complaints and counter- complaints under the Code of Conduct of Goldstar Active. Where a Goldstar Active Participant wishes to use Dispute Resolution services such as; legally binding arbitration, mediation and conciliation services, or an independent review of the issues in dispute; the Goldstar Active participant will need to source these services from an external service provider. Any cost incurred by a Participant in the procurement of Dispute Resolution services is the responsibility of the
Part 2: Complaints Introduction
16. A ‚Complaint‛ includes any communication to Goldstar Active from which it appears that there has or may have been a breach of the Code of Conduct whether expressed as a complaint, grievance, allegation, query, expression of concern or identification of an However, wherever possible, Participants should identify whether their communication to Goldstar Active concerning matters of this kind is or is not intended to be a Complaint.
17. A Complaint may be made by any person whether a Participant or not. A Complaint may be raised by Directors, Officers, Lead Officers, committee members or employees of their own initiative without a requirement for an ‘external’
18. In these Procedures the Participant against whom a Complaint is made or against whom disciplinary proceedings are brought is referred to as the ‚Respondent‛.
19. Goldstar Active is committed to making enquiries in connection with any Complaint about conduct seriously compromising the welfare of Participants or that could do so. Conduct that could compromise the welfare of a Participant is to be broadly interpreted and, without limitation, includes any form of abuse or neglect that may have a negative effect on the health or development of a Participant. Conduct includes both acts and omissions.
20. Goldstar Active will follow up all Complaints, concerns or allegations regarding welfare matters including those that are raised In some cases, without an identified complainant, Goldstar Active are unlikely to be able to proceed with disciplinary actions, but, in all cases, an initial assessment will be made to consider whether there is sufficient substance in the complaint to warrant some initial enquiries or risk assessment.
21. Goldstar Active wishes to promote a culture where it is safe and acceptable for Participants (or, in respect of those under 18 years, their parents or guardians) to raise any complaints or concerns including those of poor practice, abuse or
22. No individual (or their parents, guardians or dependents) should be victimised for raising concerns or making a Victimisation is prohibited in line with the Equality & Ethics Policy.
Part 3: Parties involved in the Complaint and Disciplinary processes Lead Officer
23. Lead Officers are senior employees or officers of Goldstar Active designated as having responsibility for particular issues by the Company Directors. The applicable Lead Officer will vary according to the nature of a Complaint. Company directors will determine in any case of doubt which Lead Officer is applicable. A Lead Officer may further delegate part or parts of their
24. If in any case the Lead Officer has a significant prior or current relationship, connection or interest (going beyond the connection inherent in their role as a Lead Officer) which could affect his impartiality in the case he shall declare it and the functions to be performed by the Lead Officer shall in that case be performed by another person designated for that purpose by the Company Directors or Case Referral Management Group (CRMG).
25. Goldstar Active has established as a committee of the Board a Case Referral Management Group (‚CRMG‛): to work with Lead Officers and perform additional functions under these Procedures.
26. The Disciplinary Panel (or the ‚Panel‛) shall hear and determine all issues arising from any matter that is referred to it pursuant to these Procedures and may impose sanctions in respect of any
27. The Panel shall consist of three ‚Panel Members‛, appointed by the Company Directors who shall also appoint one of the Panel Members to be the ‚Panel Chair‛.
28. Each Panel Member will, so far as is reasonably practicable, have no prior knowledge of the particulars of the Complaint and have no significant prior or current relationship, connection or interest with the Respondent or the complainant nor any personal interest in the outcome which could affect their impartiality in the Any person selected as a Panel Member shall before the Hearing disclose to the Company Directors, the other Panel Members and the Respondent any circumstances which might be regarded as having the possibility of affecting their impartiality in the case. An individual who is or was a member of the CRMG or involved in the investigation of the Complaint shall not be selected for the Panel for that case. References to the ‚independence‛ of Panel Members or a Panel Chair shall be interpreted in the light of this paragraph and shall not require Panel Members or the Panel Chair to be unconnected with Goldstar Active. Panel members and Panel Chairs may be employees, directors or officers of Goldstar Active and may be remunerated by Goldstar Active for their work as a Panel member or Panel Chair or otherwise.
29. The Panel shall be supported by the ‚Panel Secretary‛ and may be supported by a legal advisor to the Panel appointed by the Company Directors, if requested by the Panel
Unless otherwise determined by the Company Directors, in any case the Panel Secretary shall be a member of staff and shall not be disqualified from that role by reason of any prior involvement in the handling of a complaint or any assistance provided to the Lead Officer and Disciplinary Officer. The Panel Secretary and the legal advisor (if any) shall not have a vote on any decision of the Panel.
30. The role of Goldstar Active in the handling of Complaints and the operation of these Procedures is to exercise a supervisory and disciplinary function in relation to Participants. In performing their functions a Disciplinary Panel is acting as a committee of Goldstar Active, acting on behalf of Goldstar Active, and is not a third party seeking to adjudicate a dispute between Goldstar Active and the Respondent
31. The Disciplinary Officer for any Disciplinary proceedings is the person who will prepare and conduct the presentation of the allegations before a Disciplinary Panel and on any appeal. The Lead Officer will normally be the Disciplinary Officer but may appoint some other person to act as the Disciplinary Officer in any
32. A barrister or a solicitor may be appointed to be the Disciplinary The Respondent shall be advised if a barrister or solicitor is appointed.
33. Company Directors, the CRMG or the Lead Officer may change the appointed Disciplinary Officer at any
34. The Board of Goldstar Active has the ultimate responsibility for the management of Goldstar Active and may in its absolute discretion intervene, call-in for consideration and give directions as to the consideration of a Complaint or the conduct of any disciplinary
The Company Directors
35. If in any case the Company Directors have a significant prior or current relationship, connection or interest (going beyond the connection inherent in the role as Director) which could affect his impartiality in the case he shall declare it and the functions to be performed shall in that case be performed by the Chairman of the Board or another director designated for that purpose by the Chairman of the
Part 4: Treatment of a Complaint Action by Lead Officer
36. Any Complaints received by Goldstar Active will be referred to and considered by the applicable Lead Officer who shall:
- Conduct initial enquiries into the matters complained
- Consult with the CRMG in the decision making process, where the complaint is within the scope of these
- Refer the matter to another organisation (See para 51); or
- Refer the matter to the Police or Social Care Services (See para 52); or
37. After conducting initial enquiries the Lead Officer shall
- refer the matter to another organisation; (See para 51); or
- refer the matter to the Police or Social Care Services (See para 52); or
- dismiss the complaint as unfounded, as more appropriately dealt with or as insufficiently serious to require any further action by Goldstar Active; or
- determine that the substance of the complaint relates to the acts of Goldstar Active or to the behaviour of a Goldstar Active employee and refer the matter to the Company Directors; or
- ask some other person or organisation to take action to resolve the matter; or
- take action to resolve the matter informally; or
- g) with the agreement of the Company Directors, determine that formal disciplinary proceedings are appropriate and that action should be taken without delay. In such circumstances the Lead Officer shall immediately inform the members of the CRMG of the action being taken and shall have regard to any comments made by members of the
- impose limited sanctions where the allegation is admitted by the Limited sanctions means any permitted sanction other than the withdrawal of membership or registration.
- refer the matter to the When referring a matter to the CRMG a Lead Officer may include recommendations as to the action the CRMG might take. In a serious case, with the agreement of the CEO or the chair of the appropriate CRMG, the matter may be referred directly to the Board; or
- take action in accordance with guidance issued by the CRMG for complaints of particular kinds; or
37. require a risk assessment as described in paragraph
38. The Lead Officer may take more than one of the actions listed in paragraphs 38 and 39 and may do so either simultaneously or following one another. The Lead Officer may in particular pursue options a) , 39.b) and/or 39.k)as well as taking other action.
Action by CRMG
39. Where a complaint is referred to the CRMG, the CRMG shall consider the complaint and determine that
- the matter should be referred by the Lead Officer to another organisation; or
- the matter should be referred by the Lead Officer to the Police or Social Services; or
- the complaint is dismissed as unfounded or insufficiently serious to require any further action by Goldstar Active; or
- the Lead Officer should take action of a specified kind to resolve the matter; or
- some other person or organisation should be asked to take action to resolve the matter; or
- the substance of the complaint relates to the acts of Goldstar Active or to the behaviour of a Goldstar Active employee and refer the matter to the Company Directors; or
- the Lead Officer should take action of a kind to be determined by the Lead Officer to resolve the matter; or
- further investigations should be carried out by the Lead Officer or some other person before the matter is reconsidered by the CRMG; or
- formal disciplinary proceedings are appropriate; or
- the matter be referred to the Board; or
- disciplinary sanctions should be imposed, where the allegation is admitted by the Respondent. In these circumstances a CRMG may impose any sanction which would be available to a Disciplinary Panel; or
- it will impose limited sanctions where, having considered any written representations made by the Respondent, it appears to the CRMG that the Respondent has no reasonable defence to the allegations. Limited sanctions means any permitted sanction other than the withdrawal of membership or registration. This provision shall not be applied where the allegation denied by a Respondent concerns the abuse of a child or vulnerable adult; or require a risk assessment as described in paragraph
41. The CRMG may take more than one of the actions listed in paragraph 41 and may do so either simultaneously or following one another. The CRMG may in particular pursue option a) ,41.b) or 41k)as well as taking other action.
42. The CRMG may issue guidance to Lead Officers as to the actions to be taken in respect of complaints of a particular
43. Any Participant shall, where requested or required by Goldstar Active, undertake a risk assessment in relation to their current or prospective sporting activities by a person nominated by Goldstar Active for this purpose. The results of that assessment shall be made available to the Participant and to Goldstar Active. Such an assessment may follow a Complaint made about a Participant but may also be initiated by Goldstar Active without any prior complaint having been made. Participants are required to cooperate with any such risk
44A Following a risk assessment the results of the assessment shall be considered by the CRMG or, if required by the Company Directors or the CRMG, by a Disciplinary Panel. The CRMG or Disciplinary Panel shall determine in the light of the results of the risk assessment, of any written representations made by the Lead Officer and the Respondent and of any additional material requested under paragraph 44B what action or actions should be taken to prevent, avoid or minimise any risks identified.
44B Before making a determination under paragraph 44A a CRMG or Disciplinary Panel may request any person to make written or oral representations or give written or oral evidence concerning the matters under consideration and shall allow the Lead Officer and the Respondent to comment on any such additional material considered by them.
44C The actions which may be taken under paragraph 44A are:
- Withdrawal of membership or ineligibility for any competition or other relevant sports related activity”
- Suspension of membership for such period as the Disciplinary Panel decides”
- Suspension from competitions or demonstrations for a specified period”
- Advice or Directions by the Panel or by some person nominated by the Panel as to his future conduct”
- Requirement to comply to a period of mentoring/supervision”
- “ Undergo further risk assessment (at member’s expense)”
- Requirement to prove competence or suitability for any activity . This may specify relevant training to be undergone and a reasonable period within which it must be ”
- Requiring an affiliated Club or other body (an ‚organisation‛) to take corrective action, which may include but is not limited to requiring it to: ….
- require a person associated with the organisation to undergo relevant training”
- suspend or remove from office one or more officials of the club or organisation”
- modify the way in which it operates”
44D The chair of the CRMG or of the Panel may give directions as to the manner in which a determination under paragraph 44A is to be conducted.
44E A determination under paragraph 44A may be appealed against in accordance with paragraph 85 by the Lead Officer or the Respondent as if it was a determination of a Disciplinary Panel under paragraph 80..
Suspension before determination of a complaint
45. Company Directors may, at any time prior to the determination of a complaint, suspend the membership or registration of a Participant or any part or parts of the rights or benefits of a Participant if he reasonably believes that:-
- Children, young people or vulnerable adults may be at risk;
- It is necessary for the protection of other Participants, including the Respondent;
- Allegations against the Respondent would, if established and upheld, amount to gross misconduct;
- The reputation of Goldstar Active could be harmed if the Respondent continued to act as a Participant;
- The continued involvement of the Respondent might impede enquiries/investigation; or
- Risks identified by a risk assessment undertaken under paragraph 44 or otherwise are such that suspension is
46. Suspension in these circumstances, while a serious matter, is not a disciplinary sanction. As such suspension is sometimes viewed, incorrectly, as a sign of guilt it will only be disclosed only on a ‘need to know’ basis. . Disclosure will include notification to officers of the Club involved with whose activities the Respondent is Disclosure is to be made only by the Company Directors or the Lead Officer. The Lead Officer will maintain a record of those to whom the suspension has been disclosed. If a member who is suspended seeks during their period of suspension to participate in any sporting activity at Goldstar Active or misrepresents their circumstances disclosure may be made to those having a reasonable need to be aware of the circumstances.
47. A Company Director may act on his own initiative or following a recommendation by a Lead Officer or a CRMG at any stage during an investigation, and pending the outcome of a disciplinary hearing.
48. A suspension may be for a defined period or for an indefinite A Member who is suspended for any period is deemed not to be a Member during that period for all purposes except (i) for the purposes of any disciplinary action or any appeals process in respect of the Member concerned and (ii) in respect of their liability to pay subscriptions to Goldstar Active .
49. Notwithstanding any such lapse of membership or any suspension, any disciplinary action may be taken against, and any disciplinary or appeals process may be commenced or continued in respect of, the Member in question and any disciplinary decision or action made or taken in respect of that Member on or before the date on which membership lapsed or suspension commenced will continue to apply unless overturned on appeal.
50. Where a suspension has been imposed pending a disciplinary hearing, the hearing shall take place as soon as reasonably practicable following notice of the suspension having been given to the Member
Referral to Statutory Authorities
51. Where it is determined that a Complaint should be referred to the Police or Social Care Services (the ‚Statutory Authorities‛),
52. the Company Director will inform the appropriate Statutory Authority ;
53. the Company Director will consider whether the membership of any Respondent should be suspended in accordance with paragraph 42 while the matter is being In cases involving the protection of children or vulnerable adults the Lead Officer is to bring the matter to the attention of the Company Director without delay in order that an early decision can be made on whether to suspend. If the Company Director is not available the Lead Officer may, if they consider a decision requires to be taken without delay, determine that membership shall be suspended pending a review by the Company Director.
54. Goldstar Active will co-operate fully with the Statutory Authorities and may delay or suspend any investigation of its own pending the outcome of any investigation by the Statutory
55. Once the outcome of any investigation by the Statutory Authorities is known, the CRMG must determine whether disciplinary procedures are to be implemented or further enquiries made. The Respondent will be notified of that decision within 21 days of the decision.
Part 5: Formal Disciplinary Proceedings
56. In these Procedures many actions are required to be carried out within a specified number of Once a Panel Chair has been appointed he may, either on the request of the Lead or Disciplinary Officer or of the Respondent or of his own volition determine that one or more of these time limits may be varied. Any time limits which apply before the appointment of a Panel Chair may similarly be varied by the Company Directors. Time limits shall be varied only where the particular circumstances of the matter require it.
Initial actions before a disciplinary hearing
57. Where it is determined that formal disciplinary proceedings are appropriate in connection with a matter:
- The Lead Officer shall notify the Participant against whom disciplinary proceedings are being taken (the ‚Respondent‛) that formal disciplinary proceedings are being brought and who has determined that this should be done;
- The Lead Officer shall determine whether they are to act as Disciplinary Officer or whether to appoint some other person as Disciplinary
The Panel Secretary shall convene a Disciplinary Panel. The Panel Secretary shall advise the Respondent of the names and any relevant qualifications of those appointed as Panel Members. If the Respondent objects to any of the Panel Members, for good cause, these objections are to be advised in writing to the Company Directors within 7 days of the Respondent being advised of the Panel Members. The Company Directors shall consider these objections and, if he considers there are reasonable grounds for the objection, shall appoint an alternative Panel member.
- The Disciplinary Officer shall determine the wording of the allegation(s) and advise the allegation(s) to the Respondent in The Respondent shall within 14 days of delivery of the allegations to him advise the Disciplinary Officer and the Panel Secretary whether each of the allegations is admitted or denied.
- Subject to sub-paragraphs f) and g), the Panel Secretary shall set a date for the hearing of the Disciplinary Proceedings (the ‚Hearing‛) and advise the date in writing to the Respondent at least 35 days before that date. The Panel Secretary shall seek to consult with the Respondent ( or his nominated representative), the Disciplinary Officer, the Panel and potential witnesses before setting a Once fixed, a Hearing date shall be vacated only by a direction of the Panel Chair, which shall be given only in exceptional circumstances.
- If the allegations are admitted by the Respondent under sub-paragraph d) or if some of the allegations have been admitted and the Disciplinary Officer elects not to proceed in respect of those allegations which have been denied it shall not be necessary for a hearing date to be set under sub-paragraph e).
58. In carrying out its investigation, Goldstar Active may require a Participant to provide a statement or any evidence believed to be in the Participant’s If their evidence is required as part of a disciplinary or appeals hearing, Goldstar Active may require any Participant to attend to answer questions relating to the statement. A Participant who fails to comply with this requirement, may themselves be subject to disciplinary action.
59. A Respondent is entitled to be represented by a barrister or a solicitor or by any other representative he may wish. This may include a representative of a staff association or trade Any representative will be at the expense of the member. BG will not meet any fees or expenses of or associated with the use of a representative or their attendance at any hearing.
60. Within 7 days after a date has been advised for the Hearing the Disciplinary Officer shall send to the Respondent and the Panel Secretary:
- A statement of the facts or alleged facts which the Disciplinary Officer intends to present to the Panel as demonstrating the breaches described in the allegation(s).
- Copies of any documents which Disciplinary Officer intends to present to the Panel which have not been either provided by the Member or previously sent to the member
- Details of the names and any relevant qualifications of any person who the Disciplinary Officer intends to call as a witness and the nature of their
61. Within 14 days after delivery of the statement the Respondent shall send to the Disciplinary Officer and the Panel Secretary
- Details of the name and any legal or other relevant qualifications of any person who will represent the Respondent at the Hearing or of any person who will accompany them to provide
- A statement of whether the allegation(s) or any of them are admitted by the Subject
- A statement identifying (i) which of the facts or alleged facts that the Disciplinary Officer has stated will be presented to the Panel are admitted, which are not admitted and those which are disputed and (ii) any additional facts or alleged facts which the Respondent will present to the
- Details of the names and any relevant qualifications of any person who the Respondent intends to call as a witness and the nature of their
- A statement identifying any documents which the Respondent intends to present to the Panel together with copies of any documents which are not already available to the Disciplinary
- A reasoned statement of any objections that the Subject has to the process or jurisdiction of the Hearing or to any Panel Member being a part of the
- A reasoned statement of any assertion or argument to be made by the Respondent, or his representative, that the facts as alleged by the Disciplinary Officer would, even if accepted by the Panel, not establish the allegation(s).
61. The Panel Secretary shall prepare for the Panel a complete bundle of documents including the material provided under paragraphs 57 and 58 and provide a copy of that bundle to the Disciplinary Officer and the
62. If, after delivering the required documents as specified in paragraphs 57 and 58, the Disciplinary Officer or the Respondent will identify any additional material (which was not previously available) which they wish to present to the Panel they shall forthwith deliver particulars of that material to the Panel Secretary and to the Respondent or Disciplinary Officer as applicable. Other than in exceptional circumstances, and with the consent of the Panel Chair, all such material shall be delivered by at least 5.00pm on the third business day before the day of the
63. No witnesses of whom notice has not been given in accordance with paragraphs 57 or 58 may be called at a disciplinary hearing without the consent of the Panel Chair and without submission of a statement of the evidence to be given
64. The Disciplinary Officer and the Respondent shall each contact all witnesses whose presence is required by him at the hearing and ask them to confirm their It will be the responsibility of the member concerned to ensure the attendance at the hearing of any witnesses whom he/she may wish to give evidence.
65. The hearing will be held in accordance with the following procedure, unless the Respondent has stated that all the allegation(s) are
- The Respondent, or a responsible officer of a Respondent, shall attend the hearing in
- If the Respondent fails to appear at the time fixed for hearing, the hearing may be conducted in his or her absence if the Panel Chair is satisfied that he has been duly notified of the Hearing and that there is no reasonable excuse for the failure to
- Where neither a Respondent nor their representative is present at the hearing the Panel Chair shall ensure that the evidence presented by the Disciplinary Officer is critically examined and questioned either by the Panel Chair or by some other person appointed by the Panel Chair for this
- With the prior consent of the Panel Chair evidence may be presented in writing or by telephone or video conference without a requirement for the witness to attend in Where evidence is presented only in writing the Panel shall specifically consider the weight to be given to that evidence in view of the lack of any opportunity for the witness to be questioned.
- The Panel Chair may determine, of his own volition or on application by the Respondent or the Disciplinary Officer, that a person under the age of eighteen on the date of the hearing, or a vulnerable adult, should not be required to attend in person as a witness but may request an individual to attend on behalf of the child or vulnerable
66. The Disciplinary Officer shall present the allegation(s) and evidence in support of Evidence shall not be required of any fact which the Respondent has admitted under paragraph 58.c)
- The Respondent, or their representative, shall have an opportunity to question any witnesses presented by the Disciplinary These witnesses may then be further questioned by the Disciplinary Officer.
- The Respondent, or their representative, shall summarise the nature of their response to the allegation(s) and adduce evidence in support of that response and to rebut any evidence presented by the Disciplinary Evidence shall not be required or permitted of any fact that the Disciplinary Officer indicates is not in dispute.
- The Disciplinary Officer shall have an opportunity to question any witnesses presented by the These witnesses may then be further questioned by the Respondent, or their representative
- The Disciplinary Officer and the Respondent, or their representative, shall each have an opportunity to make a final statement to the
- At any point during the Hearing any Panel Member may put any questions to any witness, to the Disciplinary Officer, to the Respondent and to his
- The Disciplinary Panel shall consider the issues and reach a conclusion as to whether the allegations are The Panel may elect to adjourn the Hearing and to communicate the decision of the Panel in writing to the Respondent and the Disciplinary Officer at a later date.
- The decision of the Panel shall be delivered in the form of a reasoned A copy in writing of the decision will be sent to the Respondent and the Disciplinary Officer no later than 21 days following the completion of the hearing.
- The Panel will apply the civil standard of proof and determine any matter on the balance of probabilities. Any matter to be decided by the Panel may be decided by a majority of the
- The hearing may be recorded and any recording taken shall be retained by the Panel Secretary for a period of at least 6 months following the conclusion of the
- If the allegation(s) or any of them are found by the Panel to have been proved, the Panel shall proceed to determine what sanction(s) (if any) are appropriate. The Panel shall, before making its determination, consider any representations the Disciplinary Officer may wish to make and any representations or statement in mitigation made by the Respondent or their representative. Evidence may be given of any previous finding of misconduct or of any other matter or matters relevant to the imposition of any sanction, subject to the provisions of the Rehabilitation of Offenders Act 1974 so far as
67. If the Respondent admits the allegation(s) the Panel shall at the Hearing consider the written statement previously provided by the Disciplinary Officer under paragraph a) and then proceed to determine the appropriate sanction in accordance with paragraph 63.p)
68. If the Respondent admits the allegation(s) before the date fixed for the hearing the Panel Chair may direct that the Panel should deal with the matter without a hearing and on consideration only of written representations by the Disciplinary Officer and by or on behalf of the Respondent or that the CRMG should deal with the matter and decide upon the appropriate sanction. This may not be done in anti-doping cases if the member, though admitting the allegation, is asserting ‚no fault or negligence‛ or ‚no significant fault or negligence‛ for the purposes of British Gymnastics’ Anti-Doping Policy and Rules (adopted wholly by Goldstar Active) from time to time in
69. The Respondent has the option of either being assisted by a companion or of having a representative. A companion (who shall not be a witness in the proceedings) may assist and support the Respondent but shall not address the Panel on the Respondent’s If a representative is appointed the presentation of the Respondent’s arguments and the examination of witnesses shall be performed only by that representative.
70. Control over the way in which the proceedings are conducted is to be regulated by the Panel Chair. The Panel Chair may, in the course of proceedings, make any ruling concerning the admissibility of evidence or any other matter and may regulate the conduct of the hearing or of any appeal as he thinks fit, within the framework of these procedures. The Panel Chair may adjourn the hearing at any time, for any purpose and for any reasonable
71. Without limitation to paragraph 67 the Panel Chair may set time limits for the presentations of arguments and evidence and the questioning of witnesses by the Disciplinary Officer and the Respondent and may limit the number of witnesses that may be presented and the scope of
72. If, for any reason, after the start of the Hearing a single Panel member is unable to continue as a member of the Panel the remaining two members of the Panel shall continue to hear the If the remaining two Members of the Panel cannot agree on the matters to be determined the matter shall be re-heard.
73. These Disciplinary Procedures aim to provide every person who becomes subject to them with a fair hearing within a reasonable period of time and to be consistent with the principles of natural justice as they apply to disciplinary proceedings and the Panel Chair shall in making any directions comply with these
74. If any of the circumstances relating to the allegation(s) are or become the subject of any criminal investigation or charge or any civil claim or proceedings, the investigation into any complaint may at any stage, at the discretion of the Panel Chair or the CEO, be restricted or suspended, and/or the disciplinary procedure may be suspended and any disciplinary hearing or appeal may be postponed pending the outcome of any such criminal investigation or charge or any civil claim or
75. In anti-doping cases, UK Sport and FIG may send one or more representatives to attend the Hearing as
76. Hearings of Disciplinary Panels will be open hearings unless the Panel Chair has determined, of his own volition or on application by the Respondent or the Disciplinary officer, that the hearing should be conducted in
77. Where a Disciplinary Panel or in permitted circumstances a Lead Officer or the CRMG determines that any allegation (or complaint where the matter has not proceeded to a formal Disciplinary Hearing) has been found to be proved they may impose one or more of the following sanctions on the
- Withdrawal of membership or ineligibility for any competition or other gymnastics related activity”
- Withdrawal of some or all of any sport related financial support or other sport related benefits”
- In relation to allegations relating to conduct occurring on or after 1 October 2008 the imposition of a Fine (of an amount to be determined by the Panel) payable to a sports charity to be nominated by Goldstar Active.”
- In relation to allegations relating to conduct occurring on or after 1 October 2008 the payment of compensation to a Participant or other person for any loss, damage or injury (including injury to feelings) suffered by ”
- Invalidation of results from relevant competitions or events”
- Suspension of membership for such period as the Disciplinary Panel decides”
- Suspension from competitions or demonstrations for a specified period”
- Expulsion from Goldstar Active (i.e. termination of membership or termination of registration or affiliation)”
- Advice or Directions by the Panel or by some person nominated by the Panel as to his future conduct”
- Requirement to comply to a period of mentoring/supervision”
- Undergo risk assessment (at member’s expense)”
- Any sanction outlined in the relevant Goldstar Active Policy”
- Requirement to prove This may specify relevant training to be undergone and a reasonable period within which it must be undertaken. If a participant fails, without good reason, to comply with such a requirement, the Panel shall reconvene and consider alternative or additional sanctions or it may refer the case for consideration by another Disciplinary Panel.”
“Requiring an affiliated Club or organisation to take corrective action, which may include but is not limited to requiring it to: ….
- require a person associated with the organisation to undergo relevant training “ suspend or remove from office one or more officials of the organisation
- engage a relevant official, employee or other service provider “ modify the way in which it operates
78. Participants will not be entitled to the refund of any fees paid for the duration of the
79. Goldstar Active retains the right to refuse registration or renewal of registration in respect of any Member.
Part 6: Appeals
80. The Respondent shall have the right to appeal against any decision of a Disciplinary Panel or of the CRMG under paragraph The CRMG shall have the right to appeal against any decision of a Disciplinary Panel.
81. Notice of any appeal by a Respondent or CRMG must be made in writing and delivered to the Company Directors within 14 days of the issue of the written reasons for the decision of the Disciplinary The notice of appeal must set out the grounds for the appeal and a brief summary of the reasons why it is considered those grounds apply but should not contain detailed arguments or enter into the merits of the case. The only grounds for appeal will be:-
- that in a material respect ( to be specified in the notice of appeal) the hearing was not conducted in accordance with the relevant disciplinary procedure and that there are reasonable grounds for believing that such non-conformity affected the decision reached; “ that, in respect of any finding of fact ( to be specified in the notice of appeal), no reasonable panel having heard the evidence put before the Disciplinary Panel or the CRMG would have reached the conclusion reached by the Disciplinary Panel or the CRMG; or
- that material new evidence is available which was not, and could not with the exercise of due diligence have been, available at the original hearing; or
- that a decision of the Disciplinary Panel or the CRMG was wrong in law; or
- that the sanction(s) imposed was/were not reasonable in all the
82. A potential appellant should note that a test based on reasonableness does not mean simply that another panel would have reached a different conclusion but that the decision reached was outside a range of reasonable decisions open to the original Panel or Any person wishing to make an appeal is recommended to take legal advice before proceeding.
83. After receiving notice of an appeal, the Company Directors shall arrange for the Secretary to the Disciplinary Panel to provide, within 14 days of his receiving the notice, a copy of the transcript, minutes or other record of the proceedings to the Disciplinary Officer, the CRMG, the Directors and the Respondent (or his/her representative). This record will not include any notes made by Panel Members during the hearing or in the preparation of their written decision, which shall not be admissible in any hearing of the Appeal. Copies of those documents shall not be required by the Disciplinary Officer, the Respondent or any other Participant.
84. Within 14 days of the date of service of that record, the appellant shall deliver a full written statement detailing the appeal of his case to the Company Directors and to the Disciplinary Officer or Respondent as the case may Within 14 days of receiving that statement, the Respondent or Disciplinary Officer shall deliver to the appellant and the Directors a statement in response to the appeal. The statements shall state as concisely as possible the arguments on which the relevant party intends to rely and any new evidence adduced pursuant as below.
85. An appellant may at any time withdraw an appeal by notice in writing to the
86. Within 14 days of receiving notice of an appeal, the Company Directors will convene an Appeal Panel and appoint a Panel Secretary, as described in paragraphs 29 to 31. The Panel Secretary shall advise the Respondent and the Disciplinary Officer of the names and any relevant qualifications of those appointed as Panel Members. Any objections to any of the Panel Members, for good cause, are to be advised in writing to the Directors within 7 days of being advised of the Panel Members. The Directors shall consider these objections and, if he considers there are reasonable grounds for the objection, shall appoint an alternative Panel member. Neither the Directors nor any person who was a member of the Disciplinary Panel which reached the decision the subject of the appeal will be selected as a member of the Appeals
87. There may be instances where new evidence, which was not adduced at the disciplinary hearing, comes to If any party wishes to adduce any new evidence to the Appeals Panel, they must give written notice of that fact, an explanation of why the evidence was not available at the original hearing and a full written statement of the proposed evidence to the Appeals Panel Secretary and to the other party no later than 42 days after the date of the appeal notice. The Appeal Panel chair shall determine, in the light of any written representations received, whether such evidence shall be admitted and whether it is necessary for it to be presented at a hearing with the opportunity for examination and cross examination of the witness.
88. An Appeal will not be a re-hearing of the original The Appeals Panel will meet as soon as possible after the service of the statements provided by the Respondent and the Disciplinary Officer and shall consider the record of proceedings and the statements provided by the Respondent and the Disciplinary Officer and any new evidence provided in accordance with paragraph 84 and shall consider and determine whether the appeal on the stated grounds has been made out. The Panel may if it wishes, but shall not be obliged to, invite the Respondent and the Disciplinary to make further oral representations, to answer questions concerning their statements and to present any permitted new evidence.
89. Concerning the Disciplinary Hearings and the work of a Disciplinary Panel, shall apply, with any necessary adjustment, to any Appeal Hearing and to the work of the Appeal
90. The decision of the Appeals Panel shall be advised to the parties in writing, and shall include the reasons for the The Appeals Panel may:-
- uphold the decision of the Disciplinary Panel in whole or in part;
- vary any decision made by the Disciplinary Panel;
- vary any sanction imposed by the Disciplinary Panel;
- itself re-hear the matter in whole or in part before upholding or varying and decision of the Disciplinary Panel; or
- remit the case back for a full re-hearing by a different Disciplinary Panel with such recommendations as it shall think
Part 7: General
91. No Goldstar Active Disciplinary or Appeals Panel will have the power to make an award of costs against either party. Goldstar Active shall, however, meet reasonable travel costs of any witnesses who may be required by Goldstar Active to attend any hearing as part of the disciplinary or appeal process and of any witness who the Panel Chair determines were reasonably called by the Respondent. Goldstar Active shall not be liable for any other travel, subsistence or accommodation costs of the Respondent, any witnesses who may be required by the Respondent to attend any hearing or of his or her representative nor for any fees which may be payable to any such
92. Any notice or other document which is required by these Procedures to be given or delivered to or by any person shall be in writing but may be given either by hand delivery to the Participant or by hand delivery, post or courier service or using electronic communications to the Participant’s physical or electronic address as registered with Goldstar Active at the time of despatch or to an address notified by the Participant for that
Complaints or grievances against Goldstar Active
- a Participant, or some other person, ( a ‚complainant‛) raises a grievance about the way in Goldstar Active, or one of its employees, officers, delegates, committee member or other person acting as a representative of Goldstar Active has acted in relation to the complainant; or to others; or
- a Complaint against an individual Participant appears to amount to a grievance about Goldstar Active,
- Goldstar Active cannot deal with or determine the grievance of the complainant as a disciplinary body (though it may subsequently need to take disciplinary action against an employee or other person).
Instead Goldstar Active will, normally, consider the grievance and respond to the Complainant in accordance with this procedure. In some circumstances the Board or Company Directors may determine that Goldstar Active should consider and respond to the grievance in some other manner. In particular, but without limitation, Goldstar Active may respond to grievances which represent a legal claim or challenge against Goldstar Active outside the framework of this procedure.
- This procedure does not apply to a grievance raised by an employee of Goldstar Active concerning their treatment as an employee, which will be dealt with by Goldstar Active in accordance with its internal Human Resources procedures and statutory
- Following receipt of a grievance the Company Director shall nominate himself or some other director, officer or senior employee to consider, investigate and review the matters raised in the grievance.
- The person nominated under paragraph 4 shall respond to the complainant in writing setting out Goldstar Active considered position on the matters Except in exceptional or complex matters Goldstar Active will seek to respond within 28 days of the grievance being received.