Basketball England Case Management Group Terms of Reference

Updated: February 2025

1. Introduction

1.1. Basketball England is the national governing body (NGB) responsible for regulating within its jurisdiction all the disciplines of the sport of basketball in England (including 5v5, 3v3, disability basketball and walking basketball) (Basketball).

1.2. These Case Management Group (CMG) Terms of Reference (Terms) reflects the safeguarding ethos of Basketball England (a company limited by guarantee, incorporated and registered in England and Wales with company number 01429756 whose registered office is at Etihad Campus Rowsley Street, Gate 13, Manchester, England, M11 3FF).

1.3. Basketball England has a duty of care to all participants, and it recognises its moral, legal and regulatory responsibility to safeguard and promote the welfare of all Children and Adults at Risk. Upon that basis, Basketball England’s approach to safeguarding is underpinned by legislation, statutory and regulatory guidance and current best practice.

1.4. Basketball England is dedicated to taking all reasonable steps to make it as difficult as possible for any form of Abuse of Children and Adults at Risk to take place in both physical and online environments and these Terms form part of those efforts to ensure safeguarding is firmly embedded in the values and practices of Basketball England.

1.5. In furtherance of this commitment, these Terms include provisions for ensuring that all Concerns are taken seriously and are responded to swiftly, fairly and appropriately.

1.6. Basketball England undertakes to make available (on request) electronic copies of these Terms as amended from time to time. Electronic copies of these Terms are available on the Basketball England website (Website). The Website will also contain contact details in the event that (i) any person is unable to download these Terms; and/or (ii) any person requires these Terms in another form, for example, in large print. All requests will be considered on their merits on a case-by-case basis. In circumstances where an individual has been classified as having an intellectual impairment, Basketball England shall use all reasonable endeavours to communicate the contents of these Terms to such individual in the most appropriate manner and form in liaison with the parent of, or other person with responsibility for such individual.

2. Definitions and Rules of Interpretation

Definitions of terms used in this document can be found HERE

3. Application of the Terms

3.1. These Terms came into effect on 3^rd February 2025.

3.2. The Terms shall apply to members of the Case Management Group.

4. Power to change, rescind or add to the provisions of these

4.1. In the event an issue arises that is not foreseen in these Terms, it will be addressed by Basketball England in a manner that protects and promotes the objectives identified in these Terms.

4.2. Basketball England is committed to reviewing these Terms periodically which may be amended from time to time by Basketball England.

5. Laws

5.1. The laws of England and Wales shall apply to these Terms.

6. Case Management Group

6.1. The Case Management Group may be convened in accordance with these Terms and all applicable Basketball England rules and regulations (as in place from time to time) for the purposes of supporting the Safeguarding Team with investigating and taking appropriate action following a Concern.

6.2. Due to the nature of the Concerns envisaged and Basketball England’s legal and regulatory obligations to respond rapidly to Concerns, the Case Management Group is not a fixed group of individuals.

6.3. The Case Management Group shall comprise of a minimum of three people, drawn from:

6.3.1. Chief Executive Officer;

6.3.2. Lead Safeguarding Officer;

6.3.3. National Delivery Manager;

6.3.4. National Leagues representative;

6.3.5. National Teams representative;

6.3.6. Club representative;

6.3.7. Regional/Club Welfare Officer representative;

6.3.8. Police/Social Care/Local Authority Designated Officer (“LADO”);

6.3.9. Legal advisor;

6.3.10. Independent Safeguarding Advisor; and

6.3.11. where required, additional persons as deemed appropriate.

6.4. The individuals appointed to the Case Management Group will be determined by the nature of the Concern and the availability of members.

6.5. Other individuals may be invited to attend meetings where appropriate in order to support external scrutiny and/or provide additional expertise.

7.  Purpose and Obligations

7.1. The purpose of the Case Management Group is to offer advice and guidance and to support the Safeguarding Team with the management of Concerns.

7.2. In addition to the duties and obligations arising under any other Basketball England rules and regulations under which they may be subject, the Case Management Group is responsible for:

7.2.1. promoting co-operation, consistency and confidence in safeguarding related decision making; and

7.2.2. providing independent and informed opinion and applying appropriate expertise and experience to the extent required to assist the Safeguarding Team in the following areas:

7.2.2.1. ensure all Concerns are dealt with fairly, equitably and within appropriate timescales;

7.2.2.2. advise on practice and policy development requirements arising from Concerns;

7.2.2.3. assist with decisions upon the course of action for adverse Disclosure and Barring Service disclosures that may be relevant to the assessment of potential Concerns or risks in relation to Children and Adults at Risk;

7.2.2.4. ensure consistency and appropriateness of assessments made in relation to adverse disclosures that may be relevant to the assessment of potential Concerns received from the Disclosure and Barring Service;

7.2.2.5. agree interim or permanent suspensions on behalf of Basketball England;

7.2.2.6. analyse any reports commissioned and determine whether any further actions are required including making any initial decisions regarding risk from the information received and determine how such risks are to be managed;

7.2.2.7. identifying patterns or trends within the types of Concerns reported and how they are dealt with;

7.2.2.8. advise generally on matters of safeguarding within Basketball England; and

7.2.2.9. consider referrals of individuals to the Disciplinary Team, the Disclosure and Barring Service and/or another Home Nation Association or the British Basketball Federation.

7.3. In fulfilling the duties and obligations contained within Section 7.2 above, the Case Management Group shall:

7.3.1. ensure that all deliberations and decisions are fair, open, transparent and Child and/or Adult at Risk focused. In any decision made by the Case Management Group, the welfare of the Child and/or Adult at Risk is the paramount concern and takes precedence;

7.3.2. accept the moral, legal and regulatory responsibility to provide a duty of care for Children and Adults at Risk to safeguard their wellbeing, and to protect them from Abuse;

7.3.3. behave in accordance with the expected standards of behaviour including those contained within the Code of Conduct and Ethics as in place from time to time;

7.3.4. respect and promote the rights, wishes and feelings of Children and Adults at Risk;

7.3.5. recognise that some Children and Adults at Risk may face additional barriers to getting help because of additional Vulnerabilities which could include their ethnicity, gender, age, religion, disability, sexual orientation, social background or culture. There should be awareness that these characteristics may mean that they are at greater risk of Abuse because of factors such as prejudice, discrimination, reduced ability to resist or report Abuse, communication barriers or myths based on stereotypes;

7.3.6. respond appropriately to any Concerns;

7.3.7. maintain the confidentiality of all those party to a Concern; and

7.3.8. accept and abide by all Applicable Laws, Data Protection Legislation, these Terms as well as all other applicable Basketball Laws as in place from time to time.

7.4. The Case Management Group will not:

7.4.1. replace the role and responsibility of the Safeguarding Team;

7.4.2. replace the role and responsibility of the statutory agencies. The Case Management Group will be notified of any action that is being taken by the statutory agencies investigating Concerns about the welfare or conduct of any individual referred; and

7.4.3. assume primacy in the management of Concerns that arise with potential cross-border Home Nation Association interest. To the extent required, such action will be supported by effective communication with the Home Nation Associations party to the Concern and their respective safeguarding teams.

8. Historical Concerns

8.1. Reports of historical (i.e., non-recent) Concerns will be dealt with in the same manner as recent or current Concerns.

9. Data protection and confidentiality

9.1. All Concerns arising under Basketball England’s Safeguarding Regulations and these Terms and in particular all personal information provided to Basketball England will be dealt with in strict confidence at all times in accordance with the provisions of Data Protection Legislation and Basketball England policies as in place from time to time.

9.2. So far as is practicable, confidentiality will be maintained at all times in respect of all those involved in any process arising under Basketball England’s Safeguarding Regulations and these Terms unless there is an overriding obligation in the interests of those involved and safety for such information to be shared with other interested parties. Any such information shared shall be on a need-to-know basis only.

9.3. All information and data relating to a case will be treated as sensitive (safeguarding) information and Basketball England will ensure at all times that it is processed as such in accordance with applicable Data Protection Legislation. The information covered by this Section 9 will not be used for any purpose not contemplated in Basketball England’s Safeguarding Regulations and these Terms and will not be disclosed to any third party save as is strictly necessary for the effective application and enforcement of Basketball England’s Safeguarding Regulations and these Terms or otherwise as is required by law.

9.4. Basketball England will not comment publicly on the specific facts of a pending or decided case (as opposed to general descriptions of the process and science involved) except in response to public comments, where appropriate.

10. Miscellaneous

10.1. In no circumstances will Basketball England, the Safeguarding Team, Case Management Group, the Disciplinary Team, or any of Basketball England's employees, officers, agents, representatives, or other persons involved in the administration of Basketball England’s Safeguarding Regulations and these Terms be liable in any way for any acts done (or omitted to be done) in good faith in connection with the administration of Basketball England’s Safeguarding Regulations and these Terms.