Coaching in the UK

Protection of Freedoms Act 2012: Impact on the Sporting Sector

Wed, 24 Oct 2012

The Protections of Freedoms act 2012 saw changes introduced in September 2012 that affect the sport sector.

The changes are:

  • A new definition of regulated activity (one for adults and one for children)
  • Repeal of Controlled Activity
  • Repeal of registration and continuous monitoring
  • Repeal of additional information
  • Introduction of 16 years old as the minimum age at which someone can apply for a CRB check
  • More rigorous ’relevancy’ test for when police release information held locally on an enhanced CRB check

The changes that will impact on the sport sector are:

  • A new definition of regulated activity (one for adults and one for children)
  • Introduction of 16 years old as the minimum age at which someone can apply for a CRB check

Regulated Activity

The new definition of regulated activity has three components:

An activity that involves:

  • Teaching, training, instructing, caring for or supervising children

Or

  • Providing guidance/advice on wellbeing

Or

  • Driving a vehicle only for children

AND

  • Happens frequently (once a week or more often)

Or

  • Happens intensively (on 4 or more days in a 30-day period, or overnight)

AND

  • The individual carrying out the activity of teaching, training or instructing is unsupervised

A key area to be sure of is whether the activity is supervised or unsupervised. Organisations have been entrusted to define supervision in a way appropriate to their context and environment. Making your definition consistent with your sector with give it more legitimacy.

The Sport and Recreation Alliance (SRA) website provides more information on defining supervision.

PLEASE NOTE: Just defining all coaches as being in regulated activity will not be accepted by the government

How will this affect you?

  • If an individual is classed as supervised and, therefore, not in regulated activity you will be able to ask for a CRB disclosure on them but will not be allowed to have a barred list check on them.
     
  • If an individual is classed as unsupervised and, therefore, in regulated activity you will be able to ask for a CRB disclosure on them and be able to have a barred list check on them
     
  • An organisation is required by law to refer an individual to the Independent Safeguarding Authority (ISA) if they remove them from regulated activity because they have caused harmed or because they may cause harm to a child or adult at risk

Introduction of 16 years old as the minimum age at which someone can apply for a CRB check

This change means an organisation cannot ask for CRB checks on individuals under the age of 16. It will impact on organisations that use young people as volunteers to run sessions for their members.

Please note that under Protection of Freedoms Act 2012 there will be further changes introduced in Spring 2013 that will impact on the sporting sector. We will provide details on how these changes affect the sporting sector once they have been introduced.

This information has been adapted from the Sport and Recreation Alliance Protection of Freedoms Act 2012 Compliance Guidance Note 2. To view the Note please click on the link to the right-hand side of this page.

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