When allegations of abuse are made by former sports players, such as Andy Woodward who spoke out last year about the abuse he experienced as a young footballer (see Sports Management July/August p30), the fragmented nature of the sports landscape comes under the microscope. It’s made up of different organisations, clubs and groups, and a huge number of individuals, such as coaches and physiotherapists, who operate independently on either a self-employed or voluntary basis.
This makes it difficult, but all the more important, for sports organisations to know how far their legal liabilities extend when it comes to safeguarding. If a self-employed specialist coach or volunteer safeguarding officer is negligent or abusive, is the organisation that engaged them responsible?
Setting a precedent
This year, a judgement on a High Court case dramatically expanded the number of circumstances in which a club or group would bear responsibility, making it imperative for organisations to review their arrangements.
The case has, on the face of it, little connection with the sports world. It was brought against Barclays Bank by victims of sexual abuse at the hands of an independent GP, contracted by the bank to conduct medical assessments. Barclays refused to accept it was responsible for the actions of the doctor, who died in 2009, but Mrs Justice Nicola Davies ruled it is indeed vicariously liable for the doctor’s abuses after he was engaged by the bank on a consultancy basis between 1968 and 1984.
The GP was a classic example of an independent contractor carrying out assessments in his own premises, with his own insurance cover, and working for multiple organisations at the time. Despite this, the court found that the bank was responsible for the sexual assaults he committed while conducting his medical assessments.
Be prepared
The ruling is likely to have very far-reaching consequences. Previously, the limit of an organisation’s responsibility fell short of self-employed contractors. Now sports organisations will need to review their relationships with such individuals.
The nature of the sports sector makes it unrealistic for organisations to stop working with individuals on this basis. Instead, the focus must be on managing risk and carefully reviewing all people working with them and coming onto the organisation’s premises.
Clubs should also be mindful of the potential for claims as a result of any misconduct that takes place, ensuring they have adequate insurance cover for deliberate assault and negligence, should the worst happen. Crucially, in the Barclays Bank case the GP was not worth suing: he was dead, his estate had been distributed, and his insurance did not cover deliberate abuse. Suing the bank was the victims’ last chance to recover compensation. Sports organisations will want to ensure that, in the event of a claim, they are not the last one standing.