National Safeguarding Arbitration (UK)

Arbitration for Safeguarding Matters

Sports organisations may refer safeguarding matters in sport for arbitration by Sport Resolutions. Our arbitration service can be used in place of an internal disciplinary or appeals panel, particularly in cases involving significant complexity or seriousness.

The Arbitration Service provides an independent procedural framework for the effective management and resolution of safeguarding cases before the tribunal.

What the Service Includes

The safeguarding arbitration service includes:

• Appointment of an independent tribunal of three arbitrators, comprising an experienced legal chair and two specialist members;
• Case management support and guidance for all parties, delivered in accordance with a child-centred approach;
• Specific support for children and young people, including their parents or guardians, and for individuals who are alleged to have breached the rules of the referring sport organisation;
• Provision of case directions, setting out the timetable and procedure to be followed;
• Organisation of the hearing, including any special measures considered appropriate by the independent safeguarding panel;
• Drafting and circulation of a detailed written decision, including full reasons.
• Conferring Jurisdiction

The referring sport governing body retains responsibility for presenting its case before the tribunal and must ensure that the independent panel has the necessary jurisdiction to determine the matter.

To refer a safeguarding matter for arbitration, sport organisations must confer jurisdiction on Sport Resolutions by either:

• amending their rules (see suggested clause below), or
• entering into an arbitration agreement on a case-by-case basis.

How National Governing Bodies Can Request Arbitration

National Governing Bodies wishing to refer safeguarding matters to the National Safeguarding Panel (NSP) for arbitration should amend their rules by including part or all of the following wording:

The following matters arising under these Rules shall be submitted for determination by the National Safeguarding Panel (NSP) c/o Sport Resolutions (a trading name of The Sports Dispute Resolution Panel Ltd – Company No. 3351039) in accordance with the NSP Rules, as amended from time to time, which Rules are deemed to be incorporated by reference to this clause:

• allegations that a person has engaged in conduct which directly or indirectly adversely affects the welfare and safety of a child or children and/or places them at risk;
• an application that a Provisional Suspension, arising from such concerns or allegations, should not be imposed (or should be lifted);
• an appeal brought against any finding of fact and/or decision made under these Rules regarding conduct which directly or indirectly adversely affects the welfare and safety of a child or children and/or places them at risk.

Ad Hoc Referrals

If an NGB has not amended its rules to provide for direct referral, it may still make a request for arbitration in writing to the NSP.

In such cases, the NSP Secretariat may require the NGB and the individual alleged to be in breach of the rules to enter into an arbitration agreement, where necessary, in order to bind all parties to the arbitration process and confer jurisdiction on the NSP.