|
BOWLS OXFORDSHIRE |
Affiliated To Bowls England |
Safeguarding Adults in Bowls. Policy No: 1 |
Safeguarding Adults in Bowls
Introduction
Bowls Oxfordshire is committed to ensuring that everyone who participates in bowls can do so in a safe, positive and enjoyable environment. All participants are entitled to feel safe and protected from any form of abuse and neglect.
We fully support the initiatives and the commitment of Bowls England in this respect, supported by the Bowls Development Alliance (BDA) and the National Governing Bodies (NGBs) of bowls. The BDA and Bowls NGBs are committed to safeguarding adults in line with national legislation and relevant national and local guidelines.
We will safeguard adults at risk by ensuring that our activities are delivered in a way which keeps all adults safe. We are committed to creating a culture of zero-tolerance of harm to adults which necessitates: the recognition of adults who may be at risk and the circumstances which may increase risk; knowing how adult abuse, exploitation or neglect manifests itself; and being willing to report safeguarding concerns. This extends to recognising and reporting harm experienced anywhere, including within our activities at all our clubs, within other organised community or voluntary activities, in the community, in the person’s own home and in any care setting.
We will work with, or co-operate with the three safeguarding partners (the local authority, chief officers of police, and clinical commissioning groups) who are responsible for making arrangements for working together with relevant agencies to safeguard and protect the welfare of adults at risk in our county.
Policy Statement
Bowls Oxfordshire believe everyone has the right to live free from abuse or neglect regardless of age, ability or disability, sex, race, religion, ethnic origin, sexual orientation, marital or gender status. We are committed to creating and maintaining a safe and positive environment and an open, listening culture where people feel able to share concerns without fear of retribution. Bowls Oxfordshire acknowledges that safeguarding is everybody’s responsibility and is committed to prevent abuse and neglect through safeguarding the welfare of all adults involved in bowls.
Physical and mental health, well-being, ability, disability and need for care and support can affect a person’s resilience. We recognise that some people experience barriers, for example, to communication in raising concerns or seeking help. We recognise that all these factors can vary at different points in people’s lives. We recognise that there is a legal framework within which sports need to work to safeguard adults who have needs for care and support and for protecting those who are unable to take action to protect themselves and will act in accordance with the relevant safeguarding adult legislation and with local statutory safeguarding procedures.
Actions taken by Bowls Oxfordshire will be consistent with the principles of adult safeguarding, ensuring that any action taken is prompt, proportionate and that it includes and respects the voice of the adult concerned.
Contents |
Page No. |
Legislation & Government Guidance |
3 |
Definitions |
3 |
What is Abuse? |
4 |
Signs of Abuse |
5 |
Key Principles of the Care Act 2014 |
5 |
Person - Centred Safeguarding / Making Safeguarding Personal |
6 |
Mental Capacity and Safeguarding |
6 |
Safeguarding Responsibilities in Bowls |
6 |
Roles of the BDA, NGBs, County Associations and Clubs |
7 |
Good Coaching Practice |
8 |
Safer Recruitment of Staff and Volunteers |
8 |
Safe and Fair Membership |
9 |
Implementation of Safeguarding in Bowls |
9 |
Dealing with Concerns, Disclosures or Allegations |
10 |
Legislation and Government Guidance
Safeguarding Adults in all home nations is compliant with United Nations directives on the rights of disabled people and commitments to the rights of older people. It is covered by:
• The Human Rights Act 1998
• The Data Protection Act 2018
• General Data Protection Regulations 2018
The practices and procedures within this policy are based on the relevant legislation and government guidance for England.
• The Care Act 2014
• Care and Support Statutory Guidance 2014- (especially chapter 14)
Many other pieces of legislation also affect adult safeguarding. These include legislation about different forms of abuse and those that govern information sharing. For example, legislation dealing with:
• Murder/attempted murder • Physical Assault
• Sexual Offences • Domestic Abuse/Coercive Control
• Forced Marriage • Female Genital Mutilation
• Theft and Fraud • Modern Slavery and Human Trafficking
• Hate Crime • Online abuse
• Harassment
• Listing and barring of those unsuitable to work with adults with care and support needs.
There is also legislation about the circumstances in which decisions can be made on behalf of an adult who is unable to make decisions for themselves.
• Mental Capacity Act 2005
There are specific offences applying to the mistreatment of and sexual offences against adults who do not have Mental Capacity and specific offences where mistreatment is carried out by a person who is employed as a carer: e.g. wilful neglect and wilful mistreatment.
Definitions
• An Adult at Risk is defined in The Care Act 2014 as:
an individual aged 18 years and over who has needs for care and support (whether or not the local authority is meeting any of those needs) AND; is experiencing, or at risk of, abuse or neglect, AND; as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.
• Safeguarding adults is defined in Care and Support Statutory Guidance as:
Protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.
What is Abuse?
It is important to be aware of what constitutes abuse. Abuse is a form of maltreatment. The Care Act 2014 identifies categories of abuse as applied in England. There are some variations for the other countries of the United Kingdom.
Adults may be abused in a family or in an institutional or community setting by those known to them or by others. Those in positions of trust such as relatives, community leaders, bowling officials or coaches can be perpetrators of abuse.
Several types of abuse affecting adults are identified in the Care Act 2014:
Physical abuse including: assault, hitting, slapping, pushing, misuse of medication, restraint, inappropriate physical sanctions.
Sexual abuse including: rape, indecent exposure, sexual harassment, inappropriate looking or touching, sexual teasing or innuendo, sexual photography, subjection to pornography or witnessing sexual acts, sexual assault, sexual acts to which the adult has not consented or was pressured into consenting.
Psychological abuse including: emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, cyber bullying, isolation, unreasonable and unjustified withdrawal of services or supportive networks.
Financial or material abuse including: theft, fraud, internet scamming, coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, the misuse or misappropriation of property, possessions or benefits.
Domestic violence including: psychological, physical, sexual, financial, emotional abuse, so called ‘honour’ based abuse.
Modern slavery encompasses: slavery, human trafficking, forced labour and domestic servitude, traffickers and slave masters using whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment.
Discriminatory abuse including forms of: harassment, slurs or similar treatment: because of race, gender and gender identity, age, disability, sexual orientation, religion.
Neglect and acts of omission including: ignoring medical, emotional or physical care needs, failure to provide access to appropriate health, care and support or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating.
Self-neglect: This covers a wide range of behaviour: neglecting to care for one’s personal hygiene, health or surroundings and includes behaviour such as hoarding.
Organisational abuse: Including neglect and poor care practice within an institution or specific care setting such as a hospital or care home, for example, or in relation to care provided in one’s own home. This may range from one off incidents to on-going ill-treatment. It can be through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation.
Adults may also be victims of these types of abuse identified in separate legislation (details of these examples can be found on the Bowls England website).
- Radicalisation
- Female Genital Mutilation (FGM)
- Forced Marriage
- Honour based abuse
- Hazing
Abuse can take place within a sporting context and the person causing harm might be any other person. For example: anofficial of a club or the county, a coach, a volunteer, a participant,a supporter or a guest.
Some examples of abuse within our sport include:
• harassment of a participant because of their (perceived) disability or other protected characteristics,
• not meeting the needs of the participant e.g. training without a necessary break,
• a coach intentionally striking a player,
• one elite participant controlling another player with threats of withdrawal from their partnership,
• an official, coach or other participant who sends unwanted sexually explicit text messages,
- a participant threatens another participant with physical harm and persistently
blames them for poor performance.
Abuse or neglect outside of the bowling environment could be carried out by:
- • a spouse, partner or family member,
- • neighbours or residents,
- • friends, acquaintances or strangers,
- • people who deliberately exploit adults they perceive as vulnerable,
- • paid staff, professionals or volunteers providing care and support.
Often the perpetrator is known to the adult and may be in a position of trust and/or power.
Signs of Abuse
There are a number of signs that may indicate that an adult is being abused:
- unexplained bruises, cuts or injuries – or lack of medical attention when an injury is present,
- person has belongings or money going missing,
- person is not attending / no longer enjoying their sessions and is not responding to reminders from team members or coaches,
- someone losing or gaining weight / an unkempt appearance or a deterioration in personal hygiene,
- a change in the behaviour or confidence of a person, for example, a participant may be looking quiet and withdrawn when a relative comes to collect them from sessions in contrast to their personal assistant whom they greet with a smile,
- a fear of a particular group of people or individual,
- a parent/carer always speaks for the person and doesn’t allow them to make their own choices,
- they may tell you / another person they are being abused – i.e. a disclosure.
Key Principles of the Care Act 2014
● Empowerment - People being supported and encouraged to make their own decisions and informed consent.
● Prevention – It is better to take action before harm occurs.
● Proportionality – The least intrusive response appropriate to the risk presented.
● Protection – Support and representation for those in greatest need.
● Partnership – Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse
● Accountability – Accountability and transparency in delivering safeguarding.
Person - Centred Safeguarding / Making Safeguarding Personal
Legislation recognises that adults make choices that may mean that one part of our well-being suffers at the expense of another – for example we move away from friends and family to take a better job. Similarly, adults can choose to risk their personal safety; for example, to provide care to a partner with dementia who becomes abusive when they are disorientated and anxious. None of us can make these choices for another adult. If we are supporting someone to make choices about their own safety we need to understand ‘What matters’ to them and what outcomes they want to achieve from any actions agencies take to help them to protect themselves.
The concept of ‘Person Centred Safeguarding’/’Making Safeguarding Personal’ means engaging the person in a conversation about how best to respond to their situation in a way that enhances their involvement, choice and control, as well as improving their quality of life, well-being and safety. Organisations work to support adults to achieve the outcomes they want for themselves.
The adult’s views, wishes, feelings and beliefs must be taken into account when decisions are made about how to support them to be safe. There may be many different ways to prevent further harm. Working with the person will mean that actions taken help them to find the solution that is right for them. Treating people with respect, enhancing their dignity and supporting their ability to make decisions also helps promote people's sense of self-worth and supports recovery from abuse.
If someone has difficulty making their views and wishes known, then they can be supported or represented by an advocate. This might be a safe family member or friend of their choice or a professional advocate (usually from a third sector organisation).
Mental Capacity and Safeguarding
Mental Capacity is important for safeguarding for several reasons. Not being allowed to make decisions one is capable of making is abuse. For example, a disabled adult may want to take part in an activity but their parent who is their carer won’t allow them to and will not provide the support they would need. Conversely the adult may not seem to be benefiting from an activity other people are insisting they do. Another situation is where an adult is being abused and they are scared of the consequences of going against the views of the person abusing them. It is recognised in the law as coercion and a person can be seen not to have mental capacity because they cannot make ‘free and informed decisions’.
Mental Capacity must also be considered when we believe abuse or neglect might be taking place. It is important to make sure an ‘adult at risk’ has choices in the actions taken to safeguard them, including whether or not they want other people informed about what has happened, however, in some situations the adult may not have the mental capacity to understand the choice or to tell you their views.
If a person who has a lot of difficulty making their own decisions is thought to be being abused or neglected the situation should be referred to the Local Authority, and this should result in health or social care professionals making an assessment of mental capacity and/or getting the person the support they need to make decisions.
There may be times when a bowls club or organisation needs to make decisions on behalf of an individual in an emergency. Decisions taken in order to safeguard an adult who cannot make the decision for themselves could include.
- Sharing information about safeguarding concerns with people that can help protect them,
- Stopping them being in contact with the person causing harm.
Safeguarding Responsibilities in Bowls
Safeguarding adults at risk is everyone’s responsibility. To fulfil their commitment to safeguarding, all organisations must have:
- a senior board level member to take leadership responsibility for the organisation’s
safeguarding arrangements,
- at least one identified lead safeguarding practitioner who can advise and support others when a safeguarding concern arises,
- a culture of listening and believing where abusive situations are being disclosed,
- safe recruitment practices for individuals whom the organisation will permit to work regularly with adults at risk, including policies on when to obtain a criminal record (DBS) check,
- codes of conduct for all relevant participants which clearly support the paramount aim of safeguarding,
- clear whistle blowing procedures which are suitably referenced in staff training and codes of conduct, and a culture that enables issues about safeguarding and promoting the welfare of all members to be addressed,
- clear policies in line with those from the Local Safeguarding Partnership (LSP) for dealing with allegations against people who work with adults at risk,
- clear information sharing arrangements which set out the processes for sharing information, with relevant professionals and with the LSP,
- appropriate supervision and support for staff, including undertaking safeguarding training.
Roles of the County Associations and Clubs
Within the sport of bowls, some people and organisations have specific responsibilities. To see the responsibilities of the BDA and NGBs refer to the Bowls England site.
Bowls Oxfordshire
County Associations have direct responsibility for the welfare of those involved in bowls activities organised by the County with support from their National Governing Body. They should:
- nominate a County Safeguarding Officer who is suitably trained,
- adopt safe practice in the recruitment, training and supervision of staff, coaches and volunteers,
- promote safeguarding education and training across the county,
- promote the use of the the BDA safeguarding policies and linked guidelines to develop best practice and communicate key basic procedures to all clubs in their county,
- report all concerns, allegations or complaints in the County to the NGB Safeguarding Officer.
Affiliated Clubs in Oxfordshire
All clubs must ensure they have safeguarding procedures in place.
Clubs should:
- adopt The BDA safeguarding policies and procedures, as replicated in this policy.
- adopt safe practice in the recruitment, training and supervision of staff, coaches and volunteers,
- nominate and advertise to members the existence of a Club Safeguarding Officer,
- promote safeguarding training opportunities to the Club Safeguarding Officer and other club members,
- have a safe and fair membership policy.
Club/County Safeguarding Officers
Club/County Safeguarding Officers should be:
- given access to information and training appropriate to this role,
- clearly identified to all members with their contact details and preferably a photograph, via handbooks, web sites, notice boards or similar,
- the first port of call for any member of the bowls club or county association to report a safeguarding concern,
- promoting safeguarding information to their county association or club members,
- reporting all safeguarding concerns to the NGB Safeguarding Officer.
A Club Safeguarding Officer is not required to make a judgement regarding an incident but to report it to the County Safeguarding Officer. Similarly a County Safeguarding Officer should report any concerns to their NGB Safeguarding Officer. Channelling all safeguarding concerns through NGB Safeguarding Officers should provide for a consistent approach across the sport of bowls and also allow for analysis of patterns and any training gaps.
Good Coaching Practice
Coaches have a very important part to play in protecting adults at risk from potential harm and are often the first to recognise and raise concerns.
It is very important that all coaches read this Policy and any related procedures and are aware of the process to follow, to deal with any concerns. All coaches have an outline to safeguarding included within their Level 1 or 2 coaching course and are recommended to attend a Coach Bowls Safeguarding Course.
Joint guidance was produced by sports coach UK and the Child Protection in Sport Unit in 2010 outlining best practice guidelines for coaches.
It stressed the need for ratios for coaches to participants (generally 1:8). This will minimise any risks to participants and enhance the benefits they draw from the activity.
Coaches should never be left alone with an individual or group and it is recommended that at least one adult present is the same gender as the bowler or group of bowlers.
Physical contact should be avoided in coaching. A responsible coach should only use physical contact if it’s aim is to: develop sports skills or techniques, treat an injury, prevent an injury or accident from occurring or meet the requirements of the sport. They should explain the reason for the physical contact, reinforcing the teaching or coaching skill. Unless the situation is an emergency, the coach should ask the player for permission.
The Coach should hold an appropriate qualification, comply with minimum age requirements, have relevant insurance cover and have read and understood this Safeguarding Adults at Risk Policy, the Safeguarding Children Policy plus the following policies of their NGB:
- • Code of conduct for coaches
- • Equality Policy
- • Health and Safety Policy
Safer Recruitment of Staff and Volunteers
Safer recruitment is a vital part of creating a safe and positive environment and making a commitment to keep adults at risk as well as children safe from harm. Bowls clubs and organisations must use safe recruitment practices and continually assess the suitability of volunteers and staff to prevent the employment/deployment of unsuitable individuals in the sport of bowls.
Safer recruitment should be a continuing process of improvement for every club or organisation whose work or services involve contact with children or adults at risk. The Ann Craft Trust provides clear guidance on safer recruitment5.
Ensuring that staff and volunteers recruited are safe to work with adults at risk and children involves several practices including the application process, interview, criminal records checks (if appropriate), references and induction process.
A DBS check is not typically required for staff or volunteers recruited to work with adults however it could be sensible under certain circumstances. The Ann Craft Trust provides a helpful flowchart which clubs, county associations and NGBs should use in deciding if this should be done.
Safe and Fair Membership
Bowls clubs and County Associations should promote a safe culture through their membership policy. Safeguarding concerns may relate to the membership or proposed membership of people with criminal records, unspent convictions or court cases, particularly in relation to sexual or violent offences. In this type of situation, membership may be still appropriate but a risk assessment should be conducted. Membership may be suspended while such a risk assessment is conducted. A guidance booklet contains a flow chart to support membership decisions in these circumstances and a risk assessment template to use. Clubs and County Associations should seek support from their NGB and they in turn can ask for support from the BDA.
Implementation of Safeguarding in Bowls
(refer to Bowls England website for information relating to higher Bowling authorities)
- County Associations should support clubs in developing and communicating this information.
- Clubs should complete the “Club Checklist” (BDA Template 3) to help them identify areas of development within the club, with the support of the County and/or National Governing Body.
- Clubs should communicate relevant information about the Safeguarding in Bowls Policies and procedures to all their members. This might be a summary document which identifies how the full policy and procedures can be accessed.
- Clubs should appoint a Club Safeguarding Officer to lead on the development of safeguards within the club and respond to any concerns. This is a must after April 2025. They should ensure that their contact details and preferably a photo are available to all members.
Dealing with Concerns, Disclosures or Allegations
Abuse can and does occur in a variety of situations, which may include sport or other social activities. Most adults at risk are abused by someone known to them. This may be within or outside of the bowls context. Concerns may arise from someone expressing concerns or by something observed that raises issues. These may be about an adult, a perceived risk to other adults or the behaviour of a member of a bowls club or organisation towards an adult at risk.
It is important that those involved in bowls are vigilant about concerns, and that appropriate action is taken. The relevant Safeguarding Officer should be informed about any concerns or allegations (at club or county level initially) unless they are implicated themselves – in which case another committee member should be contacted or the relevant NGB Safeguarding Officer directly. However, in the case of an adult disclosing a situation affecting themselves, they can ask for this not to go any further. In these circumstances, an individual could consult with a Safeguarding Officer without providing the name or identifying details of the person who made the disclosure. They can seek additional advice from their NGB Safeguarding Officer and through them the BDA Lead Safeguarding Officer.
Mental Capacity must be considered when we believe abuse or neglect might be taking place. It is important to make sure an ‘adult at risk’ has choices in the actions taken to safeguard them, including whether or not they want other people informed about what has happened, however, in some situations the adult may not have the mental capacity to understand the choice or to make their views known. Referral may also be required if children are at risk in the situation.
It is not the responsibility of those working in or playing bowls to make judgements as to whether or not abuse is occurring or to assess mental capacity. It is however part of their duty of care to act on any concerns about an adult’s welfare related to their own observations or things they have been told. The adult concerned should be advised that the question surrounding their welfare is best referred to a Safeguarding Officer for support. If they do not give their permission to do so, their views should be respected but guidance should still be sought from a Safeguarding Officer without mentioning any details which would identify the individual concerned.
Not all concerns about an adult relate to abuse – many relate to lower-level concerns or poor practice and can be dealt with internally, using disciplinary structures, with the support of the NGB if appropriate. Listening to, and logging lower-level concerns is important as it may be inadvertent or thoughtless but could be ultimately intended to enable abuse.
All information received and discussed about an adult must be treated in confidence and only shared with those individuals within the organisation with a designated safeguarding role. (They may then need to seek advice or inform the statutory agencies e.g. Adult Social Care or the Police. Calls to the police should use 101 unless it is an emergency requiring a 999 call. The Ann Craft Trust Helpline (0115 951 5400 https://www.anncrafttrust.org/help-advice/ ) can be contacted to talk through any concerns that arise. The adult themselves can be directed to appropriate help-lines listed on the Bowls England website.
Responding to a Concern
If you have any concerns about an adult’s welfare you should inform the club’s or organisation’s Safeguarding Officer. If they are implicated themselves, inform a committee member instead or raise it at the next level (for example the County Safeguarding Officer).
Do not investigate your concerns or keep them to yourself. It is NOT your responsibility to decide if a situation is poor practice, abuse or bullying, but it IS your responsibility to report your concerns. Your report need not involve the person’s name or identifying details.
Disclosures by an adult themselves
Allegations about an individual
To retain the integrity of the sport of bowls, given that individuals can and do play, coach or officiate within more than one code, it is important that all organisations apply the same procedures regarding allegations.
If you have any concerns about an adult’s welfare you should inform the club’s or organisation’s Safeguarding Officer. If they are implicated themselves, inform a committee member instead or the NGB Safeguarding Officer directly.
Do not investigate your concerns or keep them to yourself. It is NOT your responsibility to decide if a situation is poor practice, abuse or bullying, but it IS your responsibility to report your concerns. Your report need not involve the person’s name or identifying details.
If an adult talks about a concern or abuse to a club or organisation member, the club member should be advised to:
- stay calm and keep an open mind, listen very carefully to what is being said and take the matter seriously
- as soon as possible record in writing what was said using the person’s own words
- do not make promises that cannot be kept
- ask only open questions eg.’ Is there anything else you want to tell me? or ‘What did you mean by the word xxxxx?’
- do not ask leading questions that may compromise any future actions eg. ‘Did they hit you?’
- reassure the adult that they have done the right thing telling you and ask them what they would like you to do next
- explain that you would prefer to find support for them through the relevant Safeguarding Officer(s)
- if they are uncertain about involving a Safeguarding Officer, discuss the consequences of not sharing the information eg. could someone else come to harm? (there are circumstances where consent can be overridden)
- give careful consideration as to whether a relative or carer should be informed of the concern at that stage - if they are responsible for the abuse or are unable to respond to the situation appropriately then this could put the adult at greater risk.
If there is an allegation about an individual that relates to their behaviour towards, suitability to work/ volunteer with or participate alongside adults at risk, (including observed behaviour, information about a police investigation, court case or conviction) the club or association should ensure this is reported to the Safeguarding Officer at the club or county association. They should then inform the Safeguarding Officer at their NGB who will:
|
If you require further information or more detail, please refer to the Bowls England website, where there are a number of appendices providing more in depth information. If you can’t find what you want, please contact the Bowls England subject matter expert.