NEWS

We have reviewed two core components of the Crewe Alexandra Football Club safeguarding policy: (i) the child protection and safeguarding policy and, (ii) the whistleblowing policy. We provide a third document showing the email exchanges needed to secure the policies from the club.

The whistleblowing policy is key because in England there is no legislation that requires employees and/or volunteers who have responsibility for the care of children in a ‘Regulated Activity‘ (a football club academy for example) to report known or suspected abuse to the statutory authorities. Anyone who chooses to report is by default a whistleblower with little legal protection. Furthermore it’s discretionary to report a safeguarding concern. No law is broken by  a member of staff who chooses to not report a concern to the local authority for independent assessment that perhaps, only many years later when the child has disclosed abuse in adulthood, secures a criminal conviction.

Please read the conclusions on the first page of the safeguarding policy review below. 

To the extent safeguarding works in any setting, it does so thanks to good staff trying their best with a legislative framework that simply cannot function effectively within Regulated Activities. The design and delivery of any safeguarding policy is vitally important and reveals the extent to which safeguarding is embedded in the culture of  the setting.

Our reviews of:

The CAFC Safeguarding Policy 

The CAFC Whistleblowing Policy

Emails needed to secure the Crewe Alexandra policies 

In 2018 a representative of Mandate Now provided evidence to the Independent Football Review led by Clive Sheldon QC.

(The policy in the review was current at the time of going to print  10/12/18)

Meg Munn, the recently appointed Chair of the National Safeguarding Panel of the Church of England, appeared on Radio 4 Sunday programme on the 17th March 2019. The peg for her contribution was the appalling story of Bishop of Chester, one of the 26 Spiritual Lords who contribute to the formulation of legislation in the House, failing to report to the statutory authorities abuse perpetrated by Rev. Gordon Dickenson which Dickenson wrote to him about in 2009.  Dickenson was convicted earlier this month of eight counts of sexual assault after pleading guilty to abusing a boy during the 1970s inside a church hall and even his vicarage.

Here is the interview with Ed Stourton.  In the first minute, Ms Munn provided clear opinion on what should now happen with this matter. Ed Stourton then read an extract from a letter sent to Andrew Graystone by the Bishop of Chester. Below we provide the transcript of the interview with Ms Munn from @1’39” onwards. Our observations are interpolated into the copy under ‘comment’.  Emboldening and italicisation are ours. (more…)

In 2013 the children’s charity Barnado’s entered into a contract with the Youth Justice Board  to provide independent advocacy for children at the Medway Secure Training Centre in which the charity agreed not to refer any concerns about child protection to Kent local authority.  What does this tell us of the charity’s commitment to vulnerable children? Just how safe are the children they are meant to be advocating for and protecting today?

Barnardo’s looks conflicted between protecting children and its cherished relationship with Government and the public sector. Agreeing a contract that obliges it to not report child protection concerns to the Local Authority hits rock bottom. But having reached it, Barnardo’s breaks out the Kango hammer and starts digging again.  (more…)

The LTA Chief Executive Scott Lloyd said on the 25/1/19: “the LTA has now undertaken a root and branch review of its safeguarding” and “is committed to having the best safeguarding procedures possible at every level of the game.” Our review of the LTA safeguarding reveals dysfunctional safeguarding has been retained despite Mr Lloyd’s assertions.

Our review is available here.

Little reliance can be placed on the County Association Safeguarding Template policy. In England, Wales and Scotland there is still no statutory obligation to report either known or suspected abuse to the Local Authority (or the police in appropriate circumstances) for independent assessment. LTA policy provides no commitment even to consult with external agencies, such as the local Authority Designated Officer (“LADO”) for advice and/or guidance, when a safeguarding concern arises.

The LTA claims a child is a person under the age of 18 years. The proposed extension of the Position of Trust Law to sports coaches was put on hold by the Government many months ago. Here are the roles to which the law currently applies. Sports coaches are not included.

The LTA policy is a Potemkin village. Like all safeguarding policies, its foundation is ‘statutory guidance’ issued by the Department for Education to assist Regulated Activities, such the LTA, deliver law effectively. But there is no law to report known or suspected child abuse. As a result the term ‘statutory guidance’ is little more than an oxymoron. The reality is, the head of an LTA affiliated tennis club/centre who has statutory responsibility for safeguarding cannot be held to account by safeguarding legislation for failures to refer known or suspected child abuse to the statutory agencies. Furthermore, absence of legislation means staff who make a report in good faith, have no protection against legal action if the report they make is not validated in law.

The LTA is free to exceed the de minimis expectations of ‘statutory guidance’ to produce a safeguarding policy on which greater reliance can be placed. Unfortunately it has made no attempt to address the legislative vacuum in order to support staff and better protect young players in LTA care. What hope for culture change?

The headline feature of our latest review continues to be the vastly different scale of resources committed by each Government to their respective child abuse inquiries. It is even more pronounced when you consider England and Wales has 2.43 times the population of Australia :

Headline data for 2018

Headline data for 2017

Our four page review (.pdf)

What impact is the striking difference in resources having on IICSA?

A number of questions arise from the presentation given by Mr Graham Archer (Director of Children’s Social Care, Learning and Development – Department for Education) on the topic of ‘Existing Reporting Obligations in England and Wales’. With delegates not being permitted to ask questions of each other, Mandate Now and other signatories have written to IICSA to seek answers about a number of the ‘obligations’ to which Mr Archer alluded. We hope the inquiry asks and receives answers to these matters well in advance of MR Seminar (2) scheduled for 30/4/18, and makes them publicly available.

Signatories to the letter :

• Phil Johnson Chair, MACSAS – Minister and Clergy Sexual Abuse Survivors
• Fay Maxted OBE, CEO The Survivors Trust
• Siobhan Pyburn, Founder Beam Project
• Alex Renton, Investigative Writer
• Jonathan West, Core Participant Roman Catholic Investigation

Mandate Now made two submissions to IICSA’s MR seminar which are available by following this link.

By clicking on the YouTube link you will be taken to the start of Mr Archer’s presentation.

On the 26th October IICSA sent the following reply to our letter. Of particular note is the fourth paragraph. It’s unfortunate that none of our questions, with which IICSA are so closely aligned, were asked at the MR seminar after Mr Archer’s presentation.