What is Abuse of Trust?
Sexual offences legislation already provides that any sexual activity involving children under 16 is unlawful. The primary motivation for
legislation which addresses the abuse of positions of trust is the need to protect young people aged 16 and 17 who, despite reaching the
age of consent for sexual activity, are considered to be vulnerable to sexual abuse and exploitation, in defined circumstances.
This includes sexual activity and relationships with adults who hold a position of trust, responsibility or authority in relation to them
and, as a result, have a considerable amount of power and influence in their lives. The law defines specific roles and settings
where sexual activity between 16 and 17 year olds
and those in positions of trust, responsibility or authority constitutes a criminal offence.
Examples of specific roles:
- teachers
- Connexions personal advisors (England only)
- foster carers
Examples of specific settings
- educational institutions
- residential care homes
- hospitals
- young offenders institutions
People in these roles or working in such settings may well be in positions of trust, will normally have power and authority in a young person’s
life, and may have a key influence on their future. They will have regular contact with the young person, and may be acting in loco parentis.
Sport
The legislation does not include sports roles (e.g. coaches, instructors or helpers) or sports organisations and settings
(e.g. clubs, leisure facilities or events) within these definitions. Thus, at present, an abuse of a position of trust within most sport
contexts will not be illegal, although there may be circumstances in which the law does apply to sports coaches: for example
if they are employed by and operating within a school.
The view of the CPSU is that because of the vulnerability of young people and the particular circumstances of sport that the legislation should be
extended to roles and settings within sports. Irrespective of this, NSPCC/CPSU recommends that sports bodies work to the principles behind the legislation.
They should put in place codes of ethics and conduct to which individuals are tied, which define acceptable and unacceptable behaviour, and which
clearly include any abuse of positions of trust as described above. Breaches of these codes should be addressed through complaints and
disciplinary procedures.
It is important also to recognise that under the Safeguarding Vulnerable Groups Act/Order there are already relevant provisions to consider.
Sports settings are regulated activity for the purposes of the legislation, and individuals considered to represent a risk to, or who have
harmed a young person could be referred to the Independent Safeguarding Authority and may ultimately be barred from working with children.
Our Sport considers that disciplinary action should be taken in situations where an adult in a position of authority has abused their
position of trust by having sexual contact with a 16 or 17 year old.
Those in authority in sport can have substantial influence over young people dependent on the nature of the activity. In situations where
young people are training within competitive sports it is not unusual for young people to train three, four or more times per week.
It was evident from studies done in sport that in cases of serious sexual assault there had been a significant process of grooming leading to the
abuse. In all the cases studied, the coach concerned had abused the position of trust vested in him through his role.
Recommendations for sports organisations
- Sports codes of conduct and linked disciplinary processes should be reviewed and amended to include wording that supports the
maintenance of healthy and positive relationships between sports coaches and young people. The code of conduct should reference the
organisation’s definition of roles that constitute positions of trust and ban any sexual relationships/activity between adults in
those roles and 16 - 17 year olds for whom they are in a position of authority.
Suggested wording may be:
"Coaches should ensure they maintain healthy, positive and professional relationships with all athletes. Coaches and others in positions of
authority and trust in relation to athletes aged 16 and 17 years must not engage in sexual relationships with them while that unequal power relationship
exists."
- The abuse of position of trust provision should be defined by the nature of the position in relation to the young person and not be
contingent on the regularity of contact with the young person in question.
- Safeguarding training for those working with young people in the sporting sector should include material on the issue on abuse
and trust and guidance on maintaining appropriate boundaries between adults and young people.
- Child protection/safeguarding and disciplinary policies and procedures should include a requirement for referral to the
Disclosure & Barring Service (DBS) when an individual is deemed to be unsuitable to work with young people.
Recommendations for sports coaches and others in positions of trust
- Ensure that you read, understand, sign up to and comply with the code of behaviour and/or ethics your club, organisation or relevant sports
governing body has produced for the role you hold.
- Maintain a relationship with all participants that is appropriate to your role and reflects positively on the club or organisation
you work or volunteer for.
- Whether or not the code explicitly refers to positions of trust (and what would constitute breach) as someone in a position of authority you should
not seek or engage in sexual activity with 16 or 17 year olds for whom you are responsible.
- If you think that a young person’s behaviour indicates that they are seeking to develop or engage in an inappropriate relationship with you,
immediately bring this to the attention of your club or organisation’s Welfare Officer, designated safeguarding lead or manager.
- Be careful not to respond to the participant in any way that could be interpreted as encouraging the young person concerned.
Make a written record of your concerns and relevant details.
Advice for anyone concerned about the possible abuse of a position of trust
- If you suspect that an abuse of a position of trust has occurred, is occurring or may occur you should report this to the Welfare Officer
or designated safeguarding lead for the club or organisation in line with the complaints or safeguarding policy and procedure.
- Make a written record of your concerns and relevant details.
- If you feel your concern has not been dealt with appropriately, or there is no welfare or safeguarding lead, you can consult with the
Local Authority Designated Officer (LADO) whose details should be available through your local authority’s Children’s
Social Care Department and whose duties include responding to concerns about potential breaches of positions of trust.
- Alternatively, you can seek advice from the 24 hour NSPCC Helpline: 0808 800 5000.
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