Basketball England Duty of Care

Updated: April 2025

Definitions of terms used in this document can be found HERE

1. Introduction

1.1  In the context of sport, the duty of care represents the legal and ethical obligation to ensure the safety, well-being, and protection of all individuals involved in sporting activities. This includes athletes, coaches, staff, volunteers, and spectators. 

1.2  National Governing Bodies (“NGB”) hold both a legal and moral responsibility to safeguard the welfare of all participants. To fulfil this duty, NGBs must implement effective safeguarding policies, conduct regular risk assessments, provide appropriate training and supervision, and ensure safe recruitment practices. 

1.3  Basketball England as the 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”), has a primary duty of care to all individuals participating in Basketball activities. 

1.4  Ensuring the safety and wellbeing of all Basketball participants is critical to deliver Basketball England’s principle of a welcoming and inclusive environment in sport and recreation. 

1.5  This Duty of Care Briefing Paper (this “Paper”) aims to clarify the meaning of this duty and offer guidance on how it can be effectively demonstrated. Additionally, it outlines Basketball England’s core principles and responsibilities regarding the duty of care, providing practical steps that can be taken to ensure a safe, positive, and supportive sporting environment for all.

2. Application of the Duty of Care

2.1  The duty of care is a legal obligation to protect individuals from foreseeable harm and to take reasonable steps to ensure their safety. This duty applies to all individuals involved in Basketball activities, including but not limited to: 

2.1.1 Athletes and Participants: ensuring their physical and psychological well-being throughout their participation and involvement in Basketball activities; 

2.1.2 Coaches and Staff: maintaining a safe environment, appropriate guidance and supervision; 

2.1.3 Volunteers and Administrators: creating, implementing and enforcing policies that protect stakeholders and ensuring adherence to safety protocols; 

2.1.4 Spectators: ensuring their safety in and around sporting venues; and 

2.1.5 Vulnerable groups: special consideration must be given to children (those under the age of 18) (“Minors”) and vulnerable adults, ensuring safeguarding measures are in place.

3. Legal and Ethical Responsibilities 

3.1  The duty of care may arise from common law, statute, contract, or explicit acceptance by an individual. A formal relationship, such as that between a club and a member, or a coach and an athlete, creates a duty of care. 

3.2  In the context of Minors and vulnerable adults, those in supervisory or managerial roles, including coaches, officials, and tournament organisers, have a higher duty of care to ensure the safety and welfare of these individuals. 

3.3  The duty of care arises in two ways: 

3.4  Legal Duty of Care - the legal obligation to protect individuals from harm. 

3.5  Moral Duty of Care – the ethical responsibility to protect and safeguard individuals. 

3.6  Given the inherent risks in sport, injuries or fatalities may occur. If these incidents are deemed preventable, those responsible may face legal claims for compensation or redress. 

3.7  Basketball England and its stakeholders must comply with applicable health, safety, and welfare laws, including: 

a) Health and Safety Legislation: taking reasonable steps to prevent foreseeable harm, ensuring safe environments and adherence to safety guidelines.

b) Safeguarding Policies: protecting Minors and vulnerable adults from harm, abuse, and exploitation.

c) Risk Assessment: regularly assessing both physical and psychological risks, such as injuries, accidents, mental health concerns, and bullying.

d) Insurance: maintaining appropriate insurance coverage for accidents, injuries, and liabilities.

e) Safe Recruitment Practices: ensuring that staff and volunteers undergo thorough recruitment processes, including background checks and safeguarding training.

f) Supervision and Support: ensuring that coaches, officials, and volunteers receive proper training to supervise Basketball activities, handle emergencies, and provide first aid.

g) Clear Communication and Policies: ensuring that everyone involved is aware of their duties and responsibilities, supported by a written duty of care policy that is reviewed regularly.

h) Moral Duty of Care: staff have a responsibility for the safety and welfare of Minors and vulnerable adults, and this must be maintained

i) Civil Law and Negligence: a breach of duty is evaluated based on whether a reasonable person would have taken similar precautions.

j) Specialist Activities: qualified instructors are responsible for ensuring that Basketball activities are conducted safely and with the appropriate qualifications.

4. Practical Steps to Uphold Duty of Care

a) Safeguarding Policies

Basketball England is committed to maintaining a safe environment for all Basketball participants. Clear and accessible safeguarding policies must be developed and implemented. These policies should include comprehensive procedures for reporting concerns and addressing allegations of abuse or misconduct. The policies must be communicated effectively, ensuring that everyone understands their responsibilities. 

b) Risk Assessments 

All Basketball activities and events must be accompanied by a detailed risk assessment. These assessments should identify potential hazards and outline strategies for mitigating risks. Regular reviews of these risk assessments are required to ensure that they remain current and effective in reducing any potential dangers. 

c) Training and Education 

All individuals involved in Basketball activities must receive regular training to ensure they are knowledgeable about safeguarding, first aid, mental health awareness, and fostering an inclusive, supportive environment for all participants. Training programs should be ongoing and adapted to reflect emerging needs and best practices. 

d) Safe Equipment and Facilities 

Basketball England and its stakeholders including clubs and leagues must ensure that all equipment and facilities are safe and meet established safety standards. Regular inspections should be conducted to ensure that all equipment is in good working condition, and facilities are maintained to a high standard. Immediate corrective action should be taken if any equipment or facility is found to pose a safety risk. 

e) Insurance Coverage 

Basketball England and its stakeholders including clubs and leagues must maintain comprehensive insurance coverage that includes all potential liabilities, such as accidents and injuries that may occur during Basketball activities. The insurance policy should be reviewed periodically to ensure it remains adequate and up to date with current risks. 

f) Reporting Mechanisms 

A clear, accessible reporting system must be in place for individuals to report any concerns related to safety, abuse, or misconduct. Reports should be taken seriously, investigated thoroughly, and handled with confidentiality and respect for all involved. Basketball England and its stakeholders including clubs and leagues must ensure that any reports are addressed promptly and in accordance with the safeguarding policies. 

This Paper is intended to ensure that all individuals participating in Basketball activities can do so in a safe, supportive, and inclusive environment. Regular monitoring, assessment, and continuous improvement of these practices are essential for maintaining the highest standards of safety and well-being. 

5. Special Considerations

5.1  Special attention must be given to the safety and well-being of Minors and vulnerable adults in Basketball settings. This includes having designated safeguarding officers, maintaining appropriate levels of supervision, and ensuring that all staff and volunteers undergo comprehensive background checks, such as DBS (Disclosure and Barring Service) checks. 

5.2  Minors require a higher standard of care than adults, and those responsible for them must ensure that their actions reflect this duty. It is important to understand that Minors may not always exercise the same level of caution as adults, which places additional responsibility on those overseeing their Basketball activities. This responsibility is even greater when a Minor has learning difficulties or a medical condition that may make them more vulnerable than others. 

5.3  Anyone in charge of Minors within a Basketball club or activity has a duty of care for their safety and well-being. This responsibility can be described as acting in loco parentis—in the role of a parent, but not necessarily the Minor’s biological parent. For instance, while a parent may permit Minors to stay out late, Basketball England and its stakeholders including clubs and leagues may set a more appropriate limit based on the Minor’s safety and well-being. 

5.4  If supervision falls below what would be expected from a reasonably prudent parent or person with parental responsibility, and a Minor is injured as a result, the responsible parties may be held accountable for negligence. Those managing or supervising Minors in a Basketball setting must take proactive steps to meet or exceed the expected standard of care. 

5.6  To demonstrate a reasonable standard of care, those responsible should ensure the following actions are taken: 

5.6.1 Maintain up-to-date attendance registers. 

5.6.2 Keep accurate and current records of contact details for all participants. 

5.6.3 Ensure appropriate staff-to-participant supervision ratios are maintained at all times. 

5.6.4 Keep detailed records of any specific medical conditions (e.g., allergies, asthma, epilepsy) for each Minor. 

5.6.5 Ensure first aid provisions are readily available at all times during Basketball activities. 

5.6.6 Ensure that all staff and volunteers involved in supervising Minors have been thoroughly vetted through appropriate recruitment and selection processes, including DBS checks. 

5.7  Additionally, those in charge of Basketball activities should approach their role as an employer would, by conducting regular risk assessments. These assessments should address both duty of care and health and safety concerns. While an individual risk assessment may not be required for each session if Basketball activities are recurring, an annual or seasonal assessment is necessary to ensure ongoing safety. If any potentially dangerous equipment is used, it must be inspected and verified for safety before each session. 

5.8  By following these guidelines, Basketball England can provide a safe, supportive, and responsible environment for Minors and vulnerable adults to participate in Basketball activities, helping to ensure their protection and well-being at all times. 

5.9  Mental Health Awareness: The psychological well-being of athletes is as important as their physical health. Promoting mental health awareness, providing access to mental health support, and preventing bullying or harassment are essential components of a comprehensive duty of care strategy. 

5.10  Inclusion and Equality: Ensuring that all individuals, regardless of gender, race, disability, or socio-economic status, have equal access to sport and are treated with dignity and respect. 

6. Duty of Care Reasonable Measures 

6.1  This can be best understood as what is deemed reasonable. In the context of sport, the Child Protection in Sport Unit has developed the Standards for Safeguarding and Protecting Children and Young People in Sport (2003) to outline the responsibilities an organisation should reasonably uphold in relation to child protection. 

6.2  These Standards require sports organisations, including National Governing Bodies and County Sports Partnerships, to implement the following: 

6.2.1 child protection policy  

6.2.2 procedures and systems  

6.2.3 prevention 

6.2.4 codes of practice and behaviour  

6.2.5 equity 

6.2.6 communication 

6.2.7 education and training 

6.2.8 access to advice and support 

6.2.9 implementation plan 

Conclusion

Duty of care in sport is a vital concept that upholds the safety, health, and well-being of all involved. It is a shared responsibility that requires careful planning, implementation of policies, and ongoing evaluation. By following the principles outlined in this Paper, Basketball England and those participating in Basketball can create a safe, inclusive, and positive environment for all.