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Assignment 2: Legal factors (P2)
Transcript of Assignment 2: Legal factors (P2)
Civil laws are requested by civilians to prevent something from happening again.
There are several cases where a professional footballer has won a case for injuries caused by the poor tackle of another player.
1980 a pupil used an unattended trampoline in an unlocked sports hall and fell of it and became paralysed. In 1980 a civil law was introduced that trampolines are not allowed to be left unattended so that no pupil/participant can get hurt.
Compensation is often paid in civil courts.
Someone damages property playing football. The property owner takes the player to civil court often looking compensation.
Higher Duty of Care
Duty of Care
Factors affecting health and safety in sport
How do law get created
Government creates a committee to regulate various things.
It is important for everybody working in sport to have a knowledge of the different regulatory bodies.
There are many regulatory bodies appropriate to sport and safety, some of which may work together to ensure that safety on sports activities is achieved.
Health and Safety Executive
Regulatory Bodies - HSE
What's the HSE's job?
The health and safety executive is a regulatory body that ensures that workplace's and their environments are safe for everyone. The HSE is responsible for the enforcing, encouraging and regulating health and safety at work for example building sites, leisure centres and sporting grounds. In addition the HSE looks into industrial accidents to find solutions to prevent future accidents from happening.
What does the HSE do to maintain health and safety at leisure centre?
At a leisure centre they would take care of many different things to cover all aspects of health and safety.
: vending machines etc to make sure the food is eatable and not expired.
: to make sure everything is cleaned properly.
Safe building constructio
n: to make sure the building is safe.
: To make sure substances are used correctly and in a safe way.
: To make sure all the laws are being followed as they should be.
: To make sure the temperature is suitable for people at the workplace. So that its not too hot or too cold.
: To make sure all the risk assessments are being done correctly and regularly.
Safety Equipment (PPE)
: To make sure all the equipment is in place e.g. first aid kits, fire extinguishers.
Case law is judge made law
Case law is based on individual cases where the judge makes the decisions regarding the case and this decision can affect proceeding cases
A statement of law made by the judge in a case can become binding therefore becoming a law for everyone to follow (this is known as a precedent).
Case law has advantages over codified systems as it is more flexible and practical as it is derived from real life dramas played out before the courts.
Precedents ensure certainty, consistency, logical progression and development in the law
Act of Parliament
- These originate from a bill, which is considered by both houses of parliament. Once the content of the bill has been agreed it receives Royal Assent and becomes an Act of Parliament e.g.Health and Safety at Work Act (1974).
- A written law passed by a legislative body.
- The right and power to apply the law.
- General and permanent laws or regulations that are arranged in subject matter order by title or other major subdivision and sections
A statutory law is a written law that has to be followed by everyone e.g. coaches, teachers, managers, pupils etc. Statutory law ensures health and safety is kept to a high standard.
If someone doesn't follow these laws i.e. commits a crime they have made a breach of criminal law. The police will make a criminal charge and have to prove that the person is guilty. When found guilty the courts impose a punishment e.g. fine or imprisonment.
The health and safety at work act (1974) is an example of a statutory law. Although this law does not state that if you don't follow this act you will face charges. However it does cover the legal side to ensure that everyone is actually following the health and safety at work act and not just doing what they want.
In Loco Parentis
P2: Describe the legal factors and regulatory bodies that influence health and safety in sport
Why are there laws?
There are different types of
In loco parentis
Duty of care
Higher duty of care
In loco parentis is a Latin word that means 'in the place of a parent'
In loco parentis is the authority that parents assign to another responsible adult that will be taking care of their child for example a teacher or a coach.
In loco parentis places a legal obligation to ensure a duty of care is carried out to ensure children young people are safe and that all the risks and hazards around them are eliminated.
Duty of care is based on common sense, reason and foresight. You are said to have duty of care when it is reasonable foreseeable (predictable) that your actions may cause harm.
All those involved in sport have a duty of care for the health and safety of others who may be affection by their actions. These include organizers, staff, agents contractors, officials, coaches, administrators and participants.
The principles for duty of care where laid down in the case of Donoghue versus Stevenson (1932). These principles form the basis for establishing a duty of care under UK law. The general principles for duty of care were highlighted in this case as follows:
Does a duty of care exist?
Is there a breach of that duty?
Did the breach cause damage or loss to an individuals person or property?
The law recognises that some people in society are owed a higher Duty of Care as they are less able to look after themselves. This group includes children, persons with a disability, mentally illness, senior citizens and in some instances those who are pregnant.
Occupier's Liability Act (1957) requires that 'an occupier must be prepared for children to be less careful than adults would be in a similar situation.'
The consideration should be even greater if a child is known to have learning difficulties or a medical condition that may make them more vulnerable than the average child to foreseeable risk of harm.
Negligence is a term used in civil law when breaches in health and safety have occurred resulting in injury or harm to another person or to a property
Negligence is closely related to duty of care. To win a claim for negligence, you need to have been owed a duty of care by the person who caused the harm or damage.
Sporting negligence: Anything that occurs within the rules of the game stated by the governing body cannot be classed as negligent. Anything that occurs outside the rules of the governing body, but within the accepted playing culture of the sport, cannot be classes as negligent. However, any incident that occurs outside the rules of sport and outside the accepted playing culture is classed as negligent.
What's Sport England's job?
The main job that Sports England has is to create opportunities for people and communities across the whole country so that people can start to participate in more sporting activities so that they can start a sporting habit for life. To make all of this happen the national lottery has invested £1 Billion between 2012 and 2017. All of this money is invested in organisations and projects. Thanks to this investment it will
Allow more people to have a opportunity to have a sporting habit for life.
- Create more opportunities for younger people to start playing sports.
- Help develop talent's
- Provide more safe facilities in different chosen places.
Sports England and sports facilities
Sport England aims to create opportunities for people and communities to participate in life-long sport. As a regulatory body Sport England needs to ensure health and safety regulations are met. Therefore lottery funded investments will only be built in areas seen to have low risk with minimal hazards. This allows people and communities to participant in sporting activities in a safe environment.
England Athletics aim is to:
To increase participation across a wider cross-section of the community.
To improve the quality of experience of every participant.
To support the development of the next generation of champions.
England Athletics and sports facilities
England Athletics strive to ensure that everyone can participate in athletics in a safe and enjoyable environment free from the threat of intimidation, harassment, neglect and abuse. In addition risk assessments are conducted prior to the start of any planned activity. If there are any potential risks then they have to be acted upon straight away and eliminated.
Other Regulatory Bodies
National Governing Bodies of Sport
Have a role in the health and safety in sports facilities such as leisure centres. E.G North Down Borough Council.
Education Library Boards
: Are responsible for all state schools in their area. They organise funding for the schools, allocate the number of places available and employ staff (teaching and non teaching) and carried out CRB checks.
Education Library Boards main roles:
• Every child has a school place
• Children with special needs receive appropriate education and support
• Changes in the school population are planned for
• Children entitled to free school travel receive it
• Large school building projects can be managed and funded
• To set a vision for education and to bring different partners together to achieve change and improvement
• To offer support to heads, governors and teachers
Other Regulatory Bodies
The main purpose of the police force is to:
• Uphold the law fairly and firmly
• Prevent crime
• Pursue and bring to justice those who break the law
• Protect life and property
• Prevent crime
• Pursue and bring to justice those who break the law
• Activate a contingency plan when necessary
Specific Regulatory Bodies – The Adventurous Activities Licensing Authority (AALA)
AALA- Is an independent watchdog for the delivery of outdoor adventure activities for young people. Its aim is to provide assurances to the public about the safety of activity providers who hold a license.
This therefore allows young people to enjoy exciting and stimulating outdoor activities without being exposed to avoidable risk of death or disabling injury.
Each sport is represented by a governing body.
Controls the health and safety in their sport
Creates rules to protect their players during the sport
Punish players/teams who break the rules
Change rules to meet the changing needs of legislation