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UK Coaching Team
235
Organising and Planning

Sport and the Law: Risk Assessments

Risk assessments are not just a tick-box exercise. They should be viewed as an ongoing process that requires continuous attention and evaluation that prioritises the safety of everyone!

Developed in partnership with Samuel MacLeod and Lucas Maduri at the University of Sussex Sports Law Clinic, based on case law, these four videos present different scenarios that illustrate key legal principles relating to coaching liability and demonstrate the importance and need to complete risk assessments.

Each video presents a scenario, poses questions for you to reflect on, and provides the outcome of the case, including key takeaways, and further coaching considerations for you to consider in your practice.

Sam: “My name is Sam.”

Lucas: “And my name is Lucas.”

Sam: “We're from Canada and in our final year of law school here in the UK. I grew up playing lots of sports, but mainly baseball and American football.”

Lucas: “And I played ice hockey and rugby.”

Sam: “We now play lacrosse for the University of Sussex and have played our entire time here.”

Lucas: “As part of this sports law clinic at the University of Sussex, we provide pro bono legal advice to coaches and players.”

Sam: “During our time studying law, we have learned a lot about how sports intersect with the law. And honestly, a lot of things we wish we would have known sooner.”

Lucas: “We've developed the following four video skits based on real-life cases to illustrate key legal principles relating to coaching liability.”

Sam: “Rather than bore you with legal jargon, we thought the best way to show this information was through these video skits.”

Lucas: “Our intentions aren’t to scare anyone away from coaching, but rather to educate you on the duty of care you have to your participants, leading to a better, safer and a more fun sporting environment for everyone involved.”

Sam: “These video skits will go through four different scenarios in which different risks are presented to coach based on real cases. The coach will then have to make a decision on how to deal with these.”

Lucas: “Beside each skit will be a summary of the important principles displayed that we want anyone watching to make note of for the future.”

Sam: “We hope that these principles will be helpful for all the coaches out there.”

A Frozen Field Fiasco

Image of exterior of the pitch snowing during the night. Night turns to morning with the snow clearing, but half the pitch remains blue, illustrating that it is frozen. Players exiting the building and heading outside to the pitch.

Coach: “Come on, let’s head out!”

Close-up of a participant stepping on the pitch, a close-up of his stud not penetrating the ground because it’s frozen.

Participant: “The pitch is still frozen!”

Image of the coach looking at the pitch, shaking his head, and then waving his arm to show that the session will continue beside the pitch on a grassy area.

Coach: “It's alright, the pitch isn't fully thawed yet, let's start training besides where it is a little less frozen.”

Image of participants moving off the pitch and next to it to continue the drill. A whistle is blown, and a play begins.

Coach: Okay! Play on!

Image of a player going to sidestep to avoid a tackle, falling and grabbing his ankle in pain on the ground.

Participant: “Ah, my ankle!” (In agony.)

Image of the player being taken away in an ambulance with teammates and coach looking on as the ambulance drives away.

One player speaking to another: “I hate seeing someone get hurt, training should have been cancelled!”

Reflect

Is the coach responsible?

Why was moving the session off the frozen pitch not enough?

What actions should the coach have taken?

 

Outcome

The coach was found liable for damages in this case as:

  • they had failed to identify that the conditions presented a risk of injury
  • the risk assessment was inaccurate or inadequately conducted.

Takeaways

Image of the coach reflecting. 

Coach: “If I had risk assessed the area, I would have known that the ground was unsuitable! Safety should always be the top priority, even if it means cancelling a long-anticipated session!”

  • Comprehensive risk assessments should identify potential hazards that could reasonably occur in your environment that require a contingency plan.
  • A contingency plan may have indicated that the session should be cancelled or that if following a dynamic risk assessment an additional area that had been included in the written risk assessment was suitable to be used.
  • Dynamic risk assessments are an ongoing process that must be carried out in changing circumstances.
  • Carrying out dynamic risk assessments in addition to your written risk assessments will ensure you are aware of potential dangers and help both protect participants from injury and you from potential liability if completed correctly.

Coaching considerations

  • What situations or circumstances do you have contingency plans in place for?
  • How often are your risk assessments and contingency plans reviewed or updated?
  • To what extent do you consider the weather when preparing for a session?

Credits: Our thanks to Samuel MacLeod and Lucas Maduri and the University of Sussex Sports Law Clinic for their support in producing this resource.

Hoops and Hazards

Image of a coach speaking to both teams.

Coach: “Alright, I have taken a look around the court and everything looks good, we are ready to play the match!”

Image of the game in play and the crowd cheering

During the game, a participant makes a cut and slips on a part of the court that was not waxed properly injuring their ankle.

Participant: “Ow, my ankle!”

The coach runs over to the participant: “Are you ok? What happened?”

Participant: “I slipped!”

Shows a parent talking to the coach. Parent: “Coach, why didn't you check the pitch, my daughter just hurt her ankle!”

The coach explains to the crowd of parents: “I completed my normal risk assessment, and everything looked fine!”

Image of the coach looking at the court. Coach thought bubble: "I didn’t notice the unwaxed area!"

Reflect

Is the coach responsible?

Who could be responsible in this situation? Is anyone?

Why wasn't the unwaxed area not picked up in the risk assessment?

 

Outcome

In this case, no legal action can be taken against the coach, as:

  • the coach did complete a suitable risk assessment of the court and would not have revealed the part of the court that was not waxed properly.

Takeaways

Image of coach reflecting: “I completed a risk assessment of the court; how did this happen?”

  • Even though a thorough risk assessment has been carried out, inevitably there will always be unforeseen circumstances beyond our control.
  • Completing a proper and thorough risk assessment ensures that you meet your duty of care and that you are protecting yourself legally.

Coaching considerations

It’s important that when using facilities owned or operated by your organisation or any other provider it is still the coach's responsibility to inspect the facilities before activity takes place.

  • What should you look for when assessing floors, courts, playing surfaces, or pitches?
  • Who should you contact and report issues to?

Credits: Our thanks to Samuel MacLeod and Lucas Maduri and the University of Sussex Sports Law Clinic for their support in producing this resource.

Navigating Risks in Climbing

Image of the coaches and participants going through the safety briefing and the session plan before the (indoor) climbing session. 

Coach: “Before we start, we’ll go through today’s session plan, and complete the safety briefing.”

As the session begins, the lead coach emphasises to the participants that while safety is important, they also want to make sure that everyone has fun.

Coach: “Let's make sure we have fun while staying safe.”

Image of participants putting on climbing equipment and safety harnesses.

Coach: “Everyone’s equipment has been checked, and we’re ready to go!”

Once they start climbing, coaches supervise and assist the climbers in their groups.

Coach: “We are going to go around and help each person out individually.”

Participants go up the big wall attached to a rope with a harness, and when they reach the top, they are lowered down by the coaches.

Coach: “When you reach the top of the climbing wall you’ll be lowered down.”

At the end of the session, some of the group moves over to a smaller, bouldering wall with one of the coaches.

As they move to this wall, half the group stays back at the big wall with the other coaches. 

Coach: “OK, for the last 10 minutes of the session we’re going to move to the bouldering wall. You can remove your safety harnesses.”

One participant reaches the top of the bouldering wall. Participant thought bubble: “How do I get down?”

Without having been shown how to descend, the participant jumps from the top and sustains an injury.

The coach is looking at the big wall, not the participant.

Coach: “Are you OK?”

Participant: “Ow, I've hurt my arm! I didn’t know how to get down, why didn't you tell me not to jump?”

Reflect

Is the coach responsible?

What should the coaches have done to avoid this?

How could a dynamic risk assessment have helped during the situation?

 

Outcome

Even though the participant jumped. In this case, the coach was found liable as:

  • they had assumed responsibility for participants by providing supervision at the bouldering wall
  • they breached their duty of care knowing that the participant had only climbed upwards and failed to show the participant how to descend or instruct them not to jump.

Takeaways

The coach reflects. Coach “If we’d risk assessed the participants using the bouldering wall, we’d have found that they hadn’t yet been shown how to descend”. “I should have been supervising them!”

  • Comprehensive risk assessments should identify potential hazards that could reasonably occur in your environment.
  • It’s not enough to just make sure that you have covered safety protocols, proper techniques, and that the equipment is safe before a session.
  • It’s essential to pay attention throughout the entire session provide appropriate supervision and complete dynamic risk assessments as an ongoing process during activity.
  • Carrying out dynamic risk assessments and your written risk assessments will ensure you are aware of potential dangers and help protect participants from injury and you from potential liability if completed correctly.

Coaching considerations

  • How can you ensure everyone in the coaching team understands the importance of dynamic risk assessments?
  • When does your duty of care to the participants end?
  • Why are dynamic risk assessments important in enhancing safety and fun in sport and physical activity?

Credits: Our thanks to Samuel MacLeod and Lucas Maduri and the University of Sussex Sports Law Clinic for their support in producing this resource.

The Straddle Vault Mishap

Setting: Gymnastics club. Coach standing in front of a few vaults.

Coach thought bubble: “Today they will be progressing from a straddle on to working on their straddle through on vault.”

Coach talking to participants.

Coach: “Alright, today we are going to take a step forward and work on straddle through on vault. We have been working through the progressions for this move for the past few sessions with support.”

“I still recommend everyone has support, but it is up to you if you want to attempt on your own.”

(Participants) thinking about the skill.           

Participant 1 thought bubble: “Do I need support, I’m not sure?”

Participant 2 thought bubble: “If I ask for help my friends will make fun of me!”

First attempt of participant running towards the vault (feeling scared). Participant stops in front of the vault (coach with back turned to another vault). Participant thought bubble: “You got this, just like we’ve been practising.”

Second attempt Participant approaches the vault again, this time launching himself over the vault attempting to straddle through. Supporting arm slips and he falls to the floor, grabbing at his shoulder. Participant: “Ouch, my arm!”

Coach rushes over. Coach: “Are you okay?”

Participant: “No, I think I hurt my shoulder.”

Coach: “We need to get you to the hospital.”

Reflect

Who is responsible?

What could the coach have done differently to avoid this outcome?

 

Outcome

Even though support was not requested, in this case, the coach was still found to be liable as:

  • the coach was negligent by allowing for the withdrawal of support
  • it should not have been left up to the participants to “opt-in” for support as peer pressure would have an impact on this decision
  • the reduction of support was judged to be premature and the progression to the vault was constituted to be a new activity that required support.

Takeaways

Coach reflecting: “I told the participants to ask for support if they needed it, I don’t know why they didn’t? Maybe they felt like their friends would have made fun of them if they asked for help. I never even considered that.”

  • Sequenced progressions should be planned for, and it is your responsibility to ensure that participants have competently and confidently achieved each stage of learning before moving on to the next stage, or more complex or demanding tasks or activities. You must also be sufficiently competent to progress the activity safely.
  • Comprehensive risk assessments should identify potential hazards that could reasonably occur in your environment.
  • Continuous monitoring and supervision should be carried out to ensure that participants are ready for a new level of challenge. Carrying out dynamic risk assessments in addition to your written risk assessments will ensure you are aware of potential dangers and help both protect participants from injury and you from potential liability if completed correctly.

Coaching considerations

  • What are the implications of allowing participants to opt in for support?
  • Why is it important to continue to monitor participants even if support has been withdrawn?
  • How can you safely progress your participants?

Credits: Our thanks to Samuel MacLeod and Lucas Maduri and the University of Sussex Sports Law Clinic for their support in producing this resource.

Key messages

  • Carrying out dynamic risk assessments in addition to your written risk assessments will ensure you are aware of potential dangers and help both protect participants from injury and you from potential liability if completed correctly.
  • Dynamic risk assessments are an ongoing process that must be carried out in changing circumstances.
  • Comprehensive risk assessments should identify potential hazards that could reasonably occur in your environment that require a contingency plan.
  • Completing a proper and thorough risk assessment ensures that you meet your duty of care and that you are protecting yourself legally.

Related Learning

Safe to Practice eLearning Series

Learn how to create a safe and nurturing environment for your participants, essential to supporting them to achieve their potential

START THE COURSE

Duty to Care Digital Badge

Demonstrate your knowledge of and commitment to the principles of Duty to Care by earning our Digital Badge

EARN THE BADGE

Related Resources

  • A Guide to Safe to Practice

    View
  • Safe Practice Resources

    View
  • Code of Practice for Sports Coaches

    View

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