Basketball England Safeguarding Regulations

Updated: July 2025

Definitions of terms used in this document can be found HERE

1. Introduction 

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 Safeguarding Regulations (the “Regulations”) reflect 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 the Regulations 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, the Regulations include provisions for identifying potential risks and continued suitability in respect of Staff working with or coming into contact with Children and/or Adults at Risk. The Regulations also provide guidance for responding to Concerns of poor or unprofessional conduct, which may indicate that a member of Staff poses a risk of harm to Children and/or Adults at Risk. 

1.6  Basketball England is committed to working closely with the Local Authority Designated Officer (“LADO”) to ensure safeguarding is prioritised and that high standards of safeguarding practice are in place across all areas of the NGB and that all Concerns are taken seriously and responded to swiftly, fairly and appropriately. 

1.7  This website contain contact details in the event that (i) any person requires the Regulations 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 the Regulations 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. Purpose

2.1  The purpose of the Regulations is to provide a framework for raising and managing Concerns. This includes identifying potential risks and continued suitability in respect of Members and Staff working with or coming into contact with Children and/or Adults at Risk. 

3. Application of regulations

3.1  The Regulations came into effect on 10th December 2024 

3.2  The Regulations shall apply to: 

3.2.1 All Members

3.2.2 All Staff

3.2.3 All training camps, activities, events or competitions wholly within the jurisdiction of Basketball England

3.3  The Regulations shall not apply to: 

3.3.1 Non-Members 

3.3.2 Members of Basketball Scotland, Basketball Wales, Basketball Northern Ireland, British Basketball and/or any other body outside of Basketball England’s jurisdiction 

3.3.3 training camps, other activities, or competitions wholly within the jurisdiction of Basketball Scotland, Basketball Wales, Basketball Northern Ireland, British Basketball, FIBA and/or any other body outside of Basketball England’s jurisdiction

4. Power to change rescind or add to the provisions of the regulations

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

4.2  Basketball England is committed to reviewing the Regulations 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 the Regulations. 

6. Member obligations

6.1  In addition to the duties and obligations arising under any other Basketball England policies or procedures under which they may be subject, all Members shall: 

61.1 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; 

61.2 Behave in accordance with the expected standards of behaviour including those contained within the Code of Conduct as in place from time to time; 

6.1.3 Respect and promote the rights, wishes and feelings of Children and Adults at Risk; 

6.1.4 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; 

6.1.5 Respond appropriately to any Concerns; 

6.1.6 Read, accept and abide by the Regulations as well as all other Basketball England policies and procedures as in place from time to time including: 

6.1.6.1 Safeguarding Children Policy and Safeguarding Adults Policy

6.1.6.2 Membership Terms and Conditions

6.2 All policies are available HERE 

6.3  In the event that a Concern is reported, the Member(s) subject to the Concern, must comply with all requirements to participate in any safeguarding investigation. 

7. Club obligations  

7.1  All Clubs must satisfy Basketball England’s Minimum Operating Standards as in place from time to time. 

7.2  In accordance with the Membership Terms and Conditions, all Clubs must have a Club Welfare Officer.

7.3  All Clubs must ensure its Club Welfare Officer undergoes safe recruitment checks (including an enhanced criminal record DBS). 

7.4  All Club’s must ensure its Club Welfare Officer shall familiarise themselves with the Club’s safeguarding policies, procedures (including Basketball England’s Safeguarding Policy and the Regulations) and all expected standards of behaviour. 

7.5  If the Club has Child members and/or undertakes any activities involving Children, the following are mandatory requirements for the Club Welfare Officer: 

7.5.1 Complete the Basketball England safeguarding course within six months of their appointment; 

7.5.2 Complete refresher training at appropriate levels (as provided by Basketball England from time to time); and 

7.5.3 Complete the Basketball England Welfare Officer course within six months of their appointment

7.6  All clubs must ensure its staff, voluntary or otherwise, fulfil licence requirements and safer recruitment checks.  

7.7  If a club does not abide by the safeguarding regulations, policy, and/or fails to follow a reasonable direction by the Basketball England safeguarding team made in the interests of safeguarding and keeping members safe, the following process will be invoked: 

7.7.1 A club will be notified in writing and support offered

7.7.2 If no or an inadequate response is received, a club will be notified in writing that they have 7 days to respond.

7.7.3 A club will be suspended and affiliated activities ceased

8. Staff obligations

8.1  In addition to the duties and obligations arising under any other contracts or policies under which they may be subject, all staff shall: 

8.1.2 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;

8.1.3 Behave in accordance with the expected standards of behaviour including those contained within the Code of Conduct as in place from time to time; 

8.1.4 Respect and promote the rights, wishes and feelings of Children and Adults at Risk; 

8.1.5 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; 

8.1.6 Read, accept and abide by the Regulations as well as all other Basketball England policies and procedures as in place from time to time including the Safeguarding Policy; 

8.1.7 Create a safe culture and environment; 

8.1.8 Challenge all inappropriate behaviour and report any breaches of the Regulations by Members and other members of Staff; 

8.1.9 Respect and promote the rights, wishes and feelings including the right to personal privacy of Children and Adults at Risk; and 

8.1.10 Listen to and respect Children and Adults at Risk at all times and respond appropriately to any Concerns in accordance with the Regulations

9. Prohibited behaviour 

9.1 Members and Staff must never: 

9.1.2 Allow Concerns to go unreported; 

9.1.3 Engage in behaviour that is in any way abusive, harmful, negligent or exploitive; 

9.1.4 Make inappropriate promises;

9.1.5 Use any type of physical punishment; 

9.1.6 Act in any way which may be perceived as threatening, intrusive, intimidating patronising or belittling; 

9.1.7 Use in appropriate language, including sarcastic remarks, insensitive, derogatory or sexually suggestive comments; 

9.1.8 Engage in any sexual activity, promote or encourage sexual activity, expose Children and/or Adults at Risk to any form of sexual content / image / activity; 

9.1.9 Subject anyone to any form of treatment that is harmful, abusive, humiliating or degrading; 

9.1.10 Take, display, distribute or publish (e.g., on social media) any image (photographs or video) of Children and/or Adults at Risk on their personal devices;

9.1.11 Access, make, publish (e.g., online via social media), or distribute illegal Child Abuse / indecent content / images; and 

9.1.12 Use one’s position to gain access to data relating to Children and/or Adults at Risk, to use to one’s own or others’ advantage. Such data should only be used or shared with the purpose of protecting and supporting Children and/or Adults at Risk and to meet their needs

9.2  In addition, Staff must never: 

9.2.1 Smoke (including vaping or use of e-cigarettes) or be under the influence of alcohol, illegal substances including solvents or drugs in the presence of children and/or adults at Risk, or while carrying out work duties; 

9.2.3 Use Basketball England equipment to access pornography, or use of personal devices to access pornography when on duty; 

9.2.4 Follow/friend/subscribe to any social media account of a Child and/or Adult at Risk from a personal account or account that is not fully endorsed by Basketball England; and 

9.2.5 Invite a child and/or adult at Risk known to Staff via work to one’s home or attend their home. In the event of a pre-existing relationship or reason for this (e.g., the Child or Adult at Risk is related to the member of Staff, is a long-standing family friend, or staff member’s child has a relationship with this child), this must be disclosed  to the club welfare officer and in the appropriate manner to Basketball England’s Safeguarding team via email to: [email protected] 

10. Licenced activity 

10.1  Where Licence requirements (for Licenced Memberships including roles such as coaching or officiating) stipulate a safeguarding course must be complete, it is mandatory that the Basketball England safeguarding course is completed. Completion of the course must also be recorded on the Basketball England Membership portal before any Licenced Activity may take place

10.2  Any Licenced Member who requires a DBS check as part of their Licence requirements must provide a valid enhanced DBS certificate as part of their Membership application which in turn must be validated by Basketball England prior to commencing any Licenced Activity

10.3  Basketball England safeguarding procedures are not an alternative route of addressing criminal offences and the relevant statutory authorities will be involved where appropriate and necessary

11. DBS disclosures

11.1  Where a Member (including Club Welfare Officers) or Staff has undergone a DBS Check (including an Enhanced DBS Check with a check of the children’s barred list) as required as part of their Membership and/or role; Basketball England reserves the right to disclose their DBS Certificate (where they consist of any caution, conviction, or statutory agency comment) with the Safeguarding Team. 

11.2  If a Club becomes aware of a Member or Club Welfare Officer having undergone a DBS Check and the results of which have not been disclosed to Basketball England; a disclosure must be made immediately and within 24 hours. The Club must notify the Member or Club Welfare Officer of the disclosure prior to making it. The Club must not permit the Member or Club Welfare Officer to continue to have any contact or involvement with Children and/or Adults at Risk until such time as Basketball England has provided such permission, by way of written confirmation. 

11.3  Following review of the disclosure, the Safeguarding Team, if deemed appropriate (for example where the DBS Certificate consists of any caution, conviction, or statutory agency comment), may convene a risk assessment meeting with the Member or Staff and in the case of a Club Welfare Officer both the Club Welfare Officer and a representative from the Club. 

11.4  As part of the risk assessment meeting, the Member, Club Welfare Officer or Staff may be requested to provide further detail, explanation, and/or clarification to the Safeguarding Team. As part of this disclosure, the Member, Club Welfare Officer or Staff must share any decisions from any other body that may be relevant to this risk assessment and any other information considered appropriate by the Safeguarding Team when requested to do so. 

11.5  In respect of the above, the Safeguarding Team and where necessary and appropriate, the Case Management Group may consider any such information when determining whether the individual should be cleared to work with children under Basketball England’s jurisdiction. 

11.6  Where Basketball England is aware a DBS Certificate contains information which is necessary to share with a Club, the subject of the DBS Certificate will be contacted prior to the disclosure. 

11.7  If a person required to hold an Enhanced DBS Certificate is cautioned or convicted of an offence or is restricted from working with Children or Adults at Risk by any regulatory or governing body, they must notify the Safeguarding Team immediately and within 24 hours. 

11.8  Where a Club or other individual becomes aware of a Member or Club Welfare Officer required to hold an Enhanced DBS Certificate having been cautioned or convicted of an offence or restricted from working with Children or Adults at Risk, they must notify the Safeguarding Team immediately and within 24 hours. 

11.9  Basketball England reserves the right to request that the individual subject to the caution, conviction or restriction undergo a further DBS Check. 

11.10  Where necessary Basketball England shall refer to the DBS for a decision on barring. 

12. Duty to report 

12.1  Members and Staff are not expected to be experts at recognition of Child or Adult at Risk Abuse. However, they do have a responsibility to act if they have any Concerns about the behaviour of someone (an adult or another Child) towards a Child or Adult at Risk and to follow the reporting procedures in the Regulations. 

12.2  Concerns may relate to poor practice where an adult’s or another Child’s behaviour is inappropriate and may be causing harm to a Child or Adult at Risk. In the application of the Regulations, poor practice includes any behaviour bringing Basketball into disrepute of a Child or Adult at Risk protection nature or contravening any Basketball Laws. 

12.3  The Safeguarding Team is primarily responsible for working with Members and Staff to provide guidance and support in relation to any safeguarding Concerns or queries. Any safeguarding Concern relating to a Member or Staff conduct must be reported to the Safeguarding Team immediately and within 24-hours. 

12.4  Basketball England will take any Concern seriously and no action will be taken (disciplinary or otherwise) for raising a Concern if it proves to be unfounded or does not merit action, provided the Concern was raised in good faith and not maliciously. 

12.5  If a Concern comes to a Member’s or Staff’s attention “out of hours”, the Concern must be reported to the Safeguarding Team immediately and within 24-hours. If the Child or Adult at Risk is in immediate danger, call 999 for local Police. If the Child or Adult at Risk is in need of immediate medical attention, contact 999 and request emergency medical services, informing them of your Concerns in relation to the alleged Abuse. Where possible Contact the parent(s), or other person with parental responsibility and inform them that emergency services/paramedics have been contacted due to the presenting injuries. 

12.6  Concerns are to be reported to the Safeguarding Team via email at: [email protected] 

12.7  Basketball England’s obligations to take certain positive actions arise in response to two types of Concern: 

12.7.1 Concerns which meet any one of the Thresholds; and 

12.7.2 Concerns which amount to Low-Level Concerns 

13. Thresholds

This means behaviour which might indicate that the Member of Staff may pose a risk of harm if they continue to participate or work in their present position or in any capacity with Children or Adults at Risk. This will be the case where the Concern meets any one of the below "Thresholds": 

13.1  A “Low-Level Concern” is any Concern that an individual has acted towards a Child or Adult at Risk in a way that is inconsistent with the Regulations, Safeguarding Policy and/or Code of Conduct but doesn’t meet any of the Thresholds. The term “Low-level Concern” does not mean that it is insignificant. 

13.2  Low-Level Concerns may as examples include: 

13.2.1 Being over friendly with Children; or 

13.2.2 Engaging on a one-to-one basis, in a secluded area, or behind a closed door; or 

13.2.3 Using inappropriate language, including insensitive, derogatory or sexually suggestive comments

14. Response to concerns

14.1  The Safeguarding Team shall endeavour to ensure that the Child or Adult at Risk is protected and reassured and that any immediate harm is prevented and where required reported to the appropriate external agencies. 

14.2  Following a Concern being reported, the Safeguarding Team will discuss the particulars of the Concern and consider the appropriate next steps. 

14.3  If the Concern relates to a High-Profile Individual the Safeguarding Team shall inform Basketball England’s Board immediately. 

14.4  The Safeguarding Team may: 

14.4.1 Collate, gather and share information, including deciding in consultation with other agencies (including the LADO) whether a referral is to be made; 

14.4.2 Undertake a risk assessment; 

14.4.3 Ensure that the Child or Adult at Risk and the families affected are appropriately supported and updated; 

14.4.4 Ensure that any witnesses are supported and updated (where appropriate); 

14.4.5 Ensure that all affected parties understand the requirements for full confidentiality (so far as is practicable) during the process of investigation, prior to an outcome being achieved; and 

14.4.6 Ensure that the Concern where necessary and appropriate is referred to: the Case Management Group; or 

14.4.6.1 The Disciplinary Team; or 

14.4.6.3 The LADO (as per statutory guidance); or the Police; or 

14.4.6.3 Sport Resolutions (an independent investigative body); or British Basketball (in accordance with the Basketball Laws). 

14.4.6.4 Ensure that the Concern where necessary and appropriate

14.4.7  If a Concern is referred to the Case Management Group, they may, in turn refer the matter to the Disciplinary Team for consideration and determination. 

14.4.8  Where a Police investigation concludes without a criminal disposal or finding of guilt, Basketball England reserves the right to conduct its own investigation in relation to a Concern. Such investigation may result in disciplinary action being taken in accordance with the Disciplinary Code. 

15. Case management Group

15.1 The Case Management Group may be convened for the purposes of supporting the Safeguarding Team with investigating, and taking appropriate action following a Concern, in accordance with the Regulations. 

15.2 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. 

15.3 The Case Management Group shall consist of a minimum of three people, drawn from: 

15.3.1 Chief Executive Officer; 

15.3.2 Lead Safeguarding Officer; 

15.3.3 National Delivery Manager; 

15.3.4 National Leagues representative; 

15.3.5 National Teams representative; 

15.3.6 Club representative; 

15.3.7 Regional/Club Welfare Officer representative; 

15.3.8 Police/Social Care/LADO; 

15.3.9 Legal advisor; 

15.3.10 Independent Safeguarding Advisor; and 

15.3.11 where required, additional persons as deemed appropriate

15.4  The purpose of the Case Management Group meeting is to support the Safeguarding Team with: 

15.4.1 Undertaking an initial risk assessment; 

15.4.2 Gathering more information as reasonably required, if the Concern is unclear or there is insufficient information; 

15.4.3 Identifying how the Concern shall be dealt with including whether the Concern should be referred to a statutory agency (e.g., the Police and/or the LADO); 

15.4.4 Advising on referrals of individuals to the Disclosure and Barring Service; 

15.4.5 Ensuring that the Child or Adult at Risk and the families affected are appropriately supported and updated; 

15.4.6 Ensuring that any witnesses are supported and updated (where appropriate); 

15.4.7 Ensuring that the Member of Staff who the Concern has been raised against is appropriately supported and updated; 

15.4.8 Ensuring that all affected parties understand the requirements for full confidentiality (so far as is practicable) during the process of investigation, prior to an outcome being achieved; 

15.4.9 Assess whether the person who is the subject of the Concern requires supervision, redeployment, relocation or suspension pending the outcome of the investigation (either for their own safety, for the safety of others, and/or due to reputational risk considerations) and how this will be managed; and 

15.4.10 Whether any further actions are required

16. Historical concerns

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

17. Suspension 

17.1  Basketball England may provisionally suspend a Member or Staff for the duration of any safeguarding investigation; provided that in such cases all reasonable endeavours will be used to complete the investigation as expeditiously as possible. 

17.2  In determining whether a suspension should be imposed the following factors shall be considered: 

17.2.1 Whether a person may be at risk of harm; 

17.2.3 Whether the matters or offences alleged are of a serious nature; and/or 

17.3.3 Whether a bar is necessary or desirable to protect a Child or Adult at Risk from harm

 

17.3  The decision shall be based upon the available information which could suggest that on the balance of probability it is more likely than not that the person poses a risk. 

17.4  Where a case has been referred to the Disciplinary Team in accordance with Regulation 15.4.6, it shall be the Disciplinary Team which determines whether a suspension should be imposed along with the nature of such suspension. 

17.5  Where a Member or Staff is suspended they will be promptly notified in writing. 

17.6  The notification shall include: 

17.6.1  The nature of the suspension; 

17.6.2  The reasons why the suspension has been imposed; 

17.6.3  If the Member is associated with a Club, confirmation that the Club shall also be notified of the suspension and reason(s) for it; and 

17.6.4  If the Member is a Club; the voting representative of the Club as recorded on Basketball England’s Membership portal will be notified

17.7  If appropriate, Basketball England may inform any relevant authority or other sports’ governing body of the suspension. 

18. Disciplinary Proceedings and Sanctions

18.1  Basketball England may take disciplinary action against a Member or Staff in accordance with the Regulations and/or the Disciplinary Code (as in place from time to time). 

18.2  In such disciplinary proceedings, the person(s) charged may not challenge the validity of and/or any decision made under the Regulations and/or the Disciplinary Code. 

18.3  In such disciplinary proceedings, the sanctions to be imposed, depending on all of the circumstances of the case shall be determined by the Disciplinary Team. 

19. Appeal process 

19.1  Respondents shall be at liberty to submit an appeal against a decision reached by the The Safeguarding Case Management Group and the Disciplinary Team in accordance with the Appeals Policy (as in place from time to time). 

20. Compliance

20.1  Members and Staff must cooperate in good faith with all processes afforded for under the Regulations. 

20.2  In addition to the general power to monitor continuing compliance with the Regulations, Basketball England may investigate, at any time any circumstances that indicate actual or potential non-compliance with the Regulations. 

20.3 Where necessary to safeguard the fairness and/or integrity of Basketball, Basketball England may provisionally suspend the Member pending resolution of the matter, provided that in such cases all reasonable endeavours will be used to complete the investigation as expeditiously as possible. Any such provisional suspension may not be appealed. 

20.4 Any compliance related investigation shall be initiated in good faith and on reasonable grounds based on information derived from reliable sources. 

21. Data protection and confidentiality

21.1  All Concerns arising under the Regulations and in particular all personal information provided to Basketball England under the Regulations 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. 

21.2  So far as is practicable, confidentiality will be maintained at all times in respect of all those involved in any process arising under the Regulations 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. 

21.3  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 Regulation 23 will not be used for any purpose not contemplated in the Regulations and will not be disclosed to any third party save as is strictly necessary for the effective application and enforcement of the Regulations or otherwise as is required by law.  

21.4  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.

22. Miscellaneous

22.1  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 the Regulations be liable in any way for any acts done (or omitted to be done) in good faith in connection with the administration of the Regulations.