Sexual abuse and sport: the current position

Earlier this month Barry Bennell, former coach with Crewe Alexander, was charged with 12 further counts of indecent assault and serious sexual assault on boys in the years between 1980 and 1987. This brings the outstanding charges against him to 20 since Andy Woodward and other players’ allegations about him were first made in November 2016.  He has pleaded Not Guilty to all charges.

Since those initial disclosures there has been a succession of disclosures and developments within UK football and other sports.

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Scottish Football Association Independent Review

Yesterday, the Scottish Football Association confirmed that it is to set up an Independent Review of child abuse allegations in football. The SFA Chief Executive pointed out, though, that “Police Scotland has reaffirmed that it is the investigatory authority regarding reports of child sexual abuse in football.” NSPCC Scotland, which has set up a specialist hotline to support and advise survivors of football abuse, has welcomed the SFA’s announcement of an Independent Review, with its National Head of Service noting that “The number of cases highlighted so far reveal the deeply disturbing extent of abuse that has been going on within football.”

The SFA’s Independent Review is to focus on “processes and procedures” in place both currently and historically in Scottish Football. The “initial scoping phase” of the review will run into 2017, with the SFA committed to commenting further on it thereafter.

Last week in the Scottish Parliament, the First Minister had been urged to extend the remit of the Scottish Child Abuse Inquiry to deal also with non-recent abuse in football. The First Minister declined, noting that “To widen the remit of (the) Inquiry would mean that it would perhaps take many years longer to conclude its investigations and would risk it becoming completely unwieldy. We would be at risk, I think, of breaking our word to survivors of in-care abuse. My view is that we should allow that Inquiry to get on with its job and allow the police to get on with investigating allegations of abuse in football.

It is worth noting the differences between the ongoing Scottish Child Abuse Inquiry and the SFA Independent Review which is to be set up.

The Scottish Child Abuse Inquiry is a statutory one, set up by the Scottish Government under the Inquiries Act 2005. It is charged, amongst other things, with: creating a national public record and commentary on abuse of children in care in Scotland for the period within living memory to no later than 17 December 2014; considering the extent to which failures to protect children in care have been addressed; and to consider whether further changes in practice, policy or legislation are necessary to protect children in care from abuse in future. Within four years of the establishment of the Inquiry (by October 2019), it is to report to Scottish Ministers and to make recommendations.

The SFA Independent Review, on the other hand, will not be set up under a public Act of Parliament so its scope and power, as well as how it is conducted, will not be governed by the Inquiries Act 2005. However, whilst its constitution and scope is yet to be defined, the SFA Chief Executive has given an indication of its purpose, referring to “what lessons football can learn from (abuse) allegations” so that “Scottish football is a safe and enjoyable environment for children.


Hughes_Frank

Written by Frank Hughes, Partner

Sport, abuse and some recommendations

As football clubs across the UK face looking in to past behaviours and failures the Royal Commission has today published its report in to case study 39 which considered incidents of sexual abuse in football, tennis and cricket.

Football clubs across England and Scotland have been in the headlines not just in the sports sections of the press for the past few days. However abuse in sport has sadly but not unexpectedly just been in football. Just this week as a result of all of the publicity other sportsmen and women have spoken out about being abused.

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Scottish football

Pressure is building in Scotland on the national football organisation, the SFA, to investigate non-recent abuse. Speaking on the BBC’s Good Morning Scotland radio programme on 28 November, Gordon Smith, SFA chief executive from 2007 until 2010, said: “I think they [the SFA] just need to announce that they are doing a full investigation into it … and if there are any cases that do come up then we need to make sure that these will be dealt with, and the players who have been involved – the ones who have actually been abused – will receive help and counselling. We’ll make sure it doesn’t happen again.”

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