Definitions

What is a child?

A child (or young person) is defined by the Children’s Act 1989 as any male or female under the age of 18 years.

What is a vulnerable adult?

There are two main different criteria which the those dealing with Vulnerable Adults consider to define a person who is a Vulnerable Adult.

The Safeguarding of Vulnerable Groups Act 1986 defines a vulnerable adult as a person who is aged 18 years or over and who:

• Is living in residential accommodation, such as a care home or residential special school
• Is living in sheltered accommodation
• Is receiving domiciliary care in their own home
• Is receiving any form of healthcare
• Is detained in lawful custody (in a prison, remand centre, young offender institution, secure training centre or attendance centre, or under the powers of the Immigration and Asylum Act 1999)
• Is under the supervision of the probation service
• Is receiving a welfare service defined as the provision of support, assistance or advice by any person, the purpose of which is to develop an individual’s capacity to live independently in accommodation or support their capacity to do so
• Is receiving a service or participating in an activity for people who have particular needs because of their age or who have any form of disability
• Is an expectant or nursing mother living in residential care or
• Is receiving direct payments form a local authority or health and social care trust in lieu of social care services.

However, the Consultative document "No Secrets" from the Department of Health (published 2009), based on the Lord Chancellor’s Department Consultation Paper of 1997 gives a different persective and defines a vulnerable adult as a person:

"who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation".

Currently consultation responses based on the "No Secrets" are being processed from interested Safeguarding Boards dealing with vulnerable adults and other interested parties.

Relevant Legislation and Guidance (England and Wales)

There is much legislation and government guidance governing procedures for the protection of children and vulnerable adults in England and Wales. These include:

• The Children Acts 1989-2004
• The Protection of Children Act 1999 (PoCA)
• Safeguarding of Vulnerable Groups Act (2006)
• Criminal Justices and Court Services Act 2000
• The UN Convention on the Rights of the Child 1989 (ratified in UK 1981)
• uman Rights Act 1998
• Data Protection Acts 1984 and 1998
• Rehabilitation of Offenders Act 1974
• Working together to Safeguard Children and Young People (DoH) (1999 as amended)
• Every Child Matters: SCMS
• Safeguarding of Vulnerable Groups Act 2006

Rights of the individual

All individuals have the right to be safe from abuse and harm. They also have the right not to be discriminated against on the grounds of race, sex or religion.

The following guide to abuse is meant to inform individuals as to what constitutes abuse and is therefore unacceptable behaviour in a modern society and the family of bowls.

What is a volunteer

The Police Act 1997 (Criminal Records) Regulations 2002 defines a volunteer as a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative.

Abuse

What is Abuse?

The term abuse is used to describe ways in which an individual is harmed, usually by adults, and often by people they know and trust.

Forms of Abuse

Neglect

• Where adults fail to meet the individual’s basic physical needs for food, warm clothing etc.
• Where adults fail or refuse to give the individual love or attention.
• Where adults consistently leave an individual alone or unsupervised.

Physical Abuse

• Where an individual is physically hurt or injured by the use of inappropriate force, given alcohol and/or inappropriate drugs.

Sexual Abuse

Sexual molestation is the most widely published form of abuse, but is not the only way in which children or vulnerable people are harmed.

• When adults of either sex use them to meet their own sexual needs.
• Engaging in any kind of direct sexual display or activity.
• The showing to a child or vulnerable person of any form of pornographic material or taking photographs for any such purposes.

Emotional Abuse

• Where there is a persistent lack of love or affection.
• Constant over-protection preventing the individual from socialising.
• Frequent taunting or being shouted at.
• Experiencing any of the other categories of abuse.

Abuse in Sport

There have been cases of people in sport being found guilty of child abuse, and equally some who have had to answer to accusations wrongly made against them. In all sport close bonds can develop between trainer and trainee, and it is important that those involved with children understand the situations which may give rise to incidences of perceived or actual child abuse. The following are examples where this can occur.

• Any situation where the Coach, Trainer or Team Manager does not ensure that the children are safe or exposes them to undue cold or risk of injury may constitute neglect.
• Any training regime which is intense or excessive, and ignores the capacity of the child’s immature body may result in physical abuse.
• Any activity which involves physical contact creates a potential situation for sexual abuse. Abusive situations may also occur if adults misuse their power over young people.
• Subjecting children to constant criticism or bullying can give rise to emotional abuse. Such abuse may also occur where there is bullying or where the parent, coach or team manager makes unrealistic demands on the child to perform to high expectations.

What is child abuse?

The term child abuse is used to describe ways in which children are harmed, usually by adults, and often by people they know and trust. Both boys and girls are at risk of having their physical and mental health damaged by any of the forms of abuse stated above.

Child abuse can take many forms, and may occur within and outside the family, at school, and even within a social or sports environment.

Abuse of a vulnerable adult

Abuse is mistreatment by any other person or persons that violates the individual’s human and civil rights. The abuse can vary from treating someone with disrespect in a way which significantly affects the person’s quality of life, to causing actual physical or mental suffering.

Abuse can happen anywhere – in a residential or nursing home, a hospital, in the workplace, at a day centre or educational establishment, in supported housing or in the street.

Forms of abuse include:

• Physical Abuse such as hitting, pushing, pinching, shaking, misusing medication, scalding, restraint, hair pulling.
• Sexual Abuse such as rape, sexual assault, or sexual acts to which the vulnerable adult has not or could not have consented, or to which they were pressurised into consenting.
• Psychological or Emotional Abuse such as threats of harm or abandonment, being deprived of social or any other form of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, being prevented from receiving services or support.
• Financial or Material Abuse such as theft, fraud or exploitation, pressure in connection with wills, property, or inheritance, misuse of property, possessions or benefits.
• Neglect such as ignoring medical or physical care needs and preventing access to health, social care or educational services or withholding the necessities of life such as food, drink and heating.
• Discriminatory Abuse such as that based on race or sexuality or a person’s disability and other forms of harassment or slurs.
• Institutional Abuse can sometimes happen in residential homes, nursing homes or hospitals when people are mistreated because of poor or inadequate care, neglect and poor practice that affect the whole of that service.

What should be done if there is cause for concern

See Dealing with Concerns and Incidents.

Bullying

Bullying is another form of abuse and can take many forms. It is repeated harassment over a period of time, and is done in a way that makes it difficult for the person being bullied to defend themselves.

• Bullying behaviour can occur anywhere especially if supervision is inadequate.
• It is an abuse which can take many forms from simple verbal taunts and persistent teasing to humiliation and physical abuse.
• It should be recognised that the competitive nature of sport creates a potentially ideal environment for bullying. The bully may be a child or an adult.
• Expectations of a "pushy" or over anxious parent or carer may give rise to signs of bullying.
• All signs of bullying must be taken seriously.

Types of Bullying

There are three main types of bullying.

Verbal bullying, including:

• Teasing
• Sarcasm
• Name calling
• Continually ignoring someone
• Racist and sexist remarks

Physical bullying, including:

• Taking money or personal belongings
• Pushing, hitting, kicking and punching
• Sexual abuse, including unwanted physical contact or comments

Indirect bullying, including:

• Spreading rumours or starting gossip about the individual.
• Getting the individual into trouble for no real reason.
• Excluding the individual.
• Sending the individual hurtful messages via texts, emails, phoning and letters.
• Posting hurtful comments on Internet Chatrooms, blogs and networking web-sites (cyberbullying). The young person who is being "cyberbullied" may not even be aware it is occurring.

Remember, bullying can happen outside of a school or college or even in the street or even sports venue. If someone is consistently doing any of these things, whether it's on the street, on the bus or in the workplace, it’s still considered bullying.

Who is affected by bullying?

There are many reasons why an individual could become a victim of bullying. Perhaps they are:

• Doing especially well at school, college, university or work and others are jealous;
• Particularly tall, short, large or small;
• From a different background;
• From a different race or nationality;
• Gay, lesbian, bisexual or transsexual;
• New, with no mates to back the person up;
• Shy, giving the impression that the individual won’t stand up for themselves;

Remember, it’s the person who’s doing the bullying who’s in the wrong and there is nothing wrong with THE INDIVIDUAL.

Measures to combat bullying and advice on action to help the victim and deal with the bully are given in Strategies to combat bullying.

Jargon Busters

Disclosure and Barring Service (DBS) [Formerly Crimininal Record Bureau (CRB)]

Ther former Criminal Record Bureau (CRB) is part of the Disclosure and Barring Service (DBS) which is a branch of the Home Office which acts as a "one-stop shop" for organisations, checking police records and, in relevant cases, information held by the former Independent Safeguarding Authority (ISA).

This service enables organisations in the public, private and voluntary sectors to make safer recruitment decisions by identifying candidates who may be unsuitable for certain work, especially that involve children or vulnerable adults. The CRB part of the DBS was established under Part V of the Police Act 1997 and was launched in March 2002.

Prior to 2002, access to police checks was mainly confined to organisations in the statutory sector for staff who had "substantial unsupervised access" to children. There were many other organisations that could not access these checks and yet had staff with similar access to vulnerable groups. The DBS enables many more organisations to access these checks as part of good recruitment practice.

Organisations wishing to use the service can ask successful job applicants to apply for one of two types of check. The type of check required will depend upon the nature of the position. These are called Enhanced and Standard Checks, both require a fee but are free of charge to volunteers. However, the "Family of Bowls" only accept Enhanced disclosures as these are the only disclosures which are acceptable for any role which brings them into contact with a child or vulnerable adult on a frequent or intensive basis.

Regulated Activity

Under the Safeguarding of Vulnerable Groups Act 2006, Bowls is considered a regulated activity.

The DBS (formerly CRB in April 2009) advised that any position eligible for a DBS Disclosure at Enhanced Level will now be referred to as a "Regulated Position" or positions where "regulated activity" occurs which can be defined by any of the following activities:

• Activity of a specified Nature involving frequent, intensive and/or overnight contact with children and/or vulnerable adults (eg teaching, training, care, supervision, advice, treatment and transportation).
• Activity allowing frequent or intensive contact with children and/or vulnerable adults that is in a specified place
• Activity that involves people in certain defined positions of responsibility

Following a review of the legislation by Roger Singleton ("Drawing the Line") further guidance was provided in December 2009 which the government has accepted. Thus the term "regulated activity" will apply when the activity is

• Frequent, although the legislation states that the activity takes place ONCE a MONTH or more, a review (which has been promised to be put in place) will redefine Frequent as ONCE A WEEK OR MORE.
• Intensive, although the legislation states that the activity takes place on 3 or more days in any 30 day period. a review (which has been promised to be put in place) will redefine Intensive as 4 or more days in one month or overnight.
• Overnight The activity takes place overnight. This only applies to teaching, care, advice and treatment

Supervisory Roles

In addition to certain activities being regulated, certain roles are deemed to be of a 'supervisory' nature and require the individual concerned to hold a DBS at Enhanced Level , irrespective of the frequency of contact with either children or vulnerable adults. Roles which come under this category include Safeguarding Officers/ Welfare Officers and Crown Green Referees and Short Mat Umpires.

Regulated Activity Provider (RAP)

A Regulated Activity Provider is defined under current legislation as an organisation that is responsible for the management or control of regulated activities, paid or unpaid and makes arrangements for people to "work" in that activity. This will usually be an employer or a voluntary organisation.

As the Sport of Bowls is deemed to be a Regulated Activity, the club and/or association which is providing or hosting an activity involving youth or vulnerable adults is a Regulated Activity Provider.

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