Sport and the law

• Sports law


  The laws, regulations and judicial decision that govern sports and athletes who perform in them
• Damages


  Individuals seeking legal redress and compensation for loss or earning must prove that they have suffered an actually injury as a result of the deliberate harmful , reckless actions on an opponent
• Bosman ruling


  A ruling by the European court of justice which gave a professional football player the right to agree transfer at the end of their contract
• Restraint of trade


  Action that interfered with free competition in a market. In sport, this might involve a clauses in a contract which restricts a persons right to carry out their profession
• Negligence


  Conduct that falls below a 'reasonable person standard' and leads to a breach of the duty of care, which results in foreseeable harm to another
• Duty of care


  A level obligation imposed on someone if they are responsible for a group of people
• Duty of care applied to coaches


  This requires coaches to take such measures as are 'reasonable' in the circumstances to ensure that individuals will be safe to participate in activity
• In loco parentis


  A Latin phrase which means 'in the place of danger.' It is the authority parents assign to another responsible adults who will play he taking care of their child
• Identify the reasons why sports performers may need protection from the law during their careers.

  • Protection against foul play/violent acts of opponents (leading to compensation claims)

  • Protection from fans/violent spectators during a game

  • Protection from contractual issues with employers

  • Protection from contractual issues with sponsors/commercial deals

  • Protection from issues linked to equality of opportunity (e.g. racism from fans/opponents)

  • Appeals against NGB decisions/disciplinary issues

  • Protection against negligence of poor referees
• Define the term 'negligence' and give an example of how a sporting official might be deemed negligent in the execution of their duties.

  Negligence is a failure in the duty of care to a player (e.g. not enforcing rules properly).

  
  

  Examples of negligence linked to rugby officials:

  • Repeatedly allowing dangerous incidents to occur (e.g. scrum collapses)

  • Failure to follow NGB rules/guidelines in relation to safe procedures/practice

  • Failure in duty of care to a player (e.g. not enforcing rules properly)
• Identify the steps a sports coach should follow in order to demonstrate a reasonable standard in terms of a legal duty of care to children and young people.

  • Keeping up-to-date contact details/medical details/registers of attendance

  • Maintaining appropriate supervision ratios

  • Ensuring first aid provision is available

  • Ensuring individuals regularly involved in coaching children have current DBS clearance

  • Ensuring an appropriate risk assessment has been undertaken for the activities being coached
• Describe how the use of sports legislation has helped improve spectator safety.

  • Placed a legal responsibility on clubs for a duty of care to provide a safe spectator environment to 'visitors' (e.g. prevention of overcrowding by setting of maximum numbers allowed into a stand/setting fire safety standards to adhere to in order to obtain a fire certificate necessary to stage a match)

  • Controlled who can attend matches by placing banning orders on certain known trouble makers; tougher deterrents; increased police presence/police liaison/intelligence gathering on known/potential trouble makers

  • Controlled rival fans chanting racist remarks at each other/players

  • Controlled alcohol sales/alcohol consumption prior to and at football matches

  • Removal of perimeter fencing/creation of all seater stadia to replace terraces

  • An Act controlling missile throwing/

  trespassing onto the field of play (and

  potentially attacking rival fans)
• Which of the following is a legal solution put in place to control football hooliganism?

  a) Fine the football club/deduct points

  b) Improve segregation of rival fans to keep them apart

  c) Pre-match appeals for good behaviour to fans by players/managers

  d) Pre-match banning orders on fans who are known as trouble makers.

  (1)

  d) Pre-match banning orders on fans who are known as trouble makers.
• Identify the potential benefits of the law becoming more closely linked to the world of sport. (3)

  • Increased protection for those involved, for example:

  • increased spectator safety (e.g. via allseater stadia)

  • increased performer safety (e.g. via legal actions against players and fans for assault causing actual bodily harm)

  • against officials/coaches failing in their duty of care, allowing them to be prosecuted for negligence

  • Anti-discriminatory (e.g. on the basis of racial issues)
• Explain how the law aims to protect the spectators from hooliganism at football matches. (8)

  • Games played at specified kick-off times imposed by the police (e.g. early kick-offs at local derby matches)

  • Control of alcohol consumption/alcohol sales in and around grounds prior to and during matches (e.g. by banning pubs opening where trouble makers are known to gather)

  • Removal of perimeter fencing and terraces leading to all-seater stadia which meet health and safety requirements (e.g. of local authorities)

  • Tougher deterrents; prosecution of violent/racist individuals; banning orders from grounds at home and abroad

  • It has made trespass onto the field of play illegal

  • Use of CCTV/increased security at matches via increased policing/stewarding

  • Use of shared intelligence between police forces at home and abroad

  • Control of ticket sales/prosecution of ticket touts
• Identify the three offences banned at football matches included in the Football Offences Act (1991)


  Throwing of missiles.

  Chanting of racist remarks.

  Trespassing onto the field of play.
• Which of the following is an example of a sports coach ensuring they fulfil their 'duty of care'?

  a) Coaching basketball on a wet sports hall surface

  b) Coaching football on a frozen grass surface

  c) Coaching hockey on an uneven grass surface

  d) Coaching netball on a dry, clean sports hall surface

  (1)

  d) Coaching netball on a dry, clean sports hall surface
• Example of negligence

  Rugby official found liable for injury in case of Smoldon V Whitworth as the scrum collapsed. He allowed too many scrums to collapse and didn't follow the Rugby Football board guidelines because the two packs came in too hard and collapsed on more than 20 occasions.
• Legal responsibility of coaches

  Health and safety - access to first aid and means to contact emergency services.

  Protection from abuse - emotional and physical policy statement and guidelines which the coach must follow.

  Supplements - educate athletes about drug use and abuse and provide advice.

  Duty of care - Ensure they follow the following steps to demonstrate a good standard of care:

  Up to date contact and medical details.

  Appropriate supervision ratios.

  Ensuring first aid provision is available.

  DBS clearance.

  Undertaken appropriate risk assessment for activities being coached.
• Sports legislation and spectators, measures to ensure safety.

  Illegal to trespass onto the field of play and make racist chants.

  All seater stadia to replace terraces.

  Control of alcohol sales.

  Kick off times imposed by police.

  Increased security and police presence.

  Tougher deterrents e.g. banning orders, fines and imprisonment.
• List 6 pieces of legislation to try to control fan behaviour at sporting events and improve safety.

  The Occupiers' Liability Act (1957)

  The Safety of SPorts Grounds Act (1975)

  The Sporting Events Act (1985)

  The Fire Safety and Safety of Places of Sport Act (1987)

  The Football Spectators Act (1989)

  The Football Offences Act (1991)