This publication has been produced by Nacro’s Employer Advice Service and is primarily set within the context of the legal arrangements in England and Wales. It is a practical guide aimed at national governing bodies (NGBs) of sport to help them understand their legal rights and responsibilities and best practice when a criminal record of an existing member of a governing body comes to light. The guidance outlines how to make safe, fair and responsible decisions based on a full understanding and assessment of risks involved.
The guide provides advice around the following acts of law:
The Children’s Act 1989 and 2004
The Children’s Act 2004 reinforces the message that all organisations working with children have a duty in helping to safeguard and promote the welfare of children.
Specifically, the law places a duty on organisations, including sport and leisure services, to ensure that they have in place arrangements, policies and procedures that reflect the importance of safeguarding and promote the welfare of children.
These include, but are not limited to:
- A designated professional lead for safeguarding
- A clear line of accountability within the organisation
- Clear whistleblowing procedures
- Clear policies for dealing with allegations against people who work with children
- Arrangements which clearly set out the process for sharing relevant information
- Safe recruitment practices for employees (including volunteers) that regularly work
with children - Appropriate training, supervision and support for staff
Safeguarding Vulnerable Groups Act 2006
The Safeguarding Vulnerable Groups Act 2006 provides the legislative framework for preventing people who are deemed unsuitable to work with children and vulnerable adults from gaining access to them through their work. The Act established a single body – now the Disclosure and Barring Service (DBS) – to make decisions about individuals who should be barred from working with children and to maintain a list of these individuals.
The Act, amended by the Protection of Freedoms Act 2012, provides the legal definition of regulated activity with children and adults (i.e. work that a person who has been barred must not do).
Membership of a national governing body (NGB) does not fall within the definition of ‘regulated activity with children’, but if you have members who are, for example, coaching children, you will have a legal duty to check whether they are barred from regulated activity with children.
The Rehabilitation of Offenders Act 1974 (ROA)
The ROA allows people to have the legal right to be treated as though they had never committed an offence after a certain period of time has passed. Most convictions, and all cautions, (including reprimands and final warnings) become spent after a specified period of time known as the rehabilitation (or ‘disclosure’ period which is determined by the sentence or out-of-court disposal received. Once spent, the caution or conviction in question does not need to be disclosed by the person in most circumstances, unless the application is for a role that is exempt from the ROA and subject to the DBS filtering rules.
Membership of an NGB is not exempt from the ROA. This means it is unlawful for an NGB to refuse or withdraw membership, or to prejudice a member in any way when the member’s caution or conviction has been spent. If you find out that a member has been previously cautioned or convicted, you must first establish whether the caution or conviction is spent under the ROA before taking any action. However, safeguarding should be at the heart of your organisation and is everybody’s responsibility.
Some of your members might perform other duties or roles which would be exempt from the ROA. Examples include members that coach or train children under the age of 18. Safeguarding children and vulnerable groups is of paramount concern when making decisions about the suitability of applicants to posts which are exempt from the ROA.
Additional documents
Download the criminal record declaration form for membership of NGB
Download the criminal record check risk assessment form
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