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The Whyte Review - A Direction of Travel for Complaints Handling Within Charities?

on Tuesday, 13 December 2022.

In response to allegations of mistreatment in the sport of gymnastics in 2020, Sport England and UK Sport co-commissioned Anne Whyte QC to carry out an independent review of the treatment of gymnasts from grassroots through to the elite end of the sport.

The review heard from individual gymnasts, parents, carers or guardians of gymnasts, gymnastics coaches, British Gymnastics staff or former staff and any other organisations and individuals who wanted to provide information. The review was published on 16 June 2022 and is available to read here. The review reported a number of deeply concerning reports about the treatment of gymnasts and concluded that until recently, longstanding cultural issues in gymnastics were not identified.

Ms Whyte concluded that a culture of physical and emotional abuse existed within the sport which she considered impeded, or in some cases prevented, gymnasts or their parents from coming forward to report or escalate concerns.

In this article we consider the implications of the Review, and this finding in particular, on charitable organisations.

Findings and Recommendations of the Review

The review reiterated the importance of a strong safeguarding culture in creating supportive environments in which concerns can be raised easily and without fear.

It was recommended that British Gymnastics, and the individual clubs it governs, adopt a policy of reporting 'low-level' concerns in order that trends and patterns of behaviour can be identified and addressed at an early stage. This will help to drive the highest standards of ethics, integrity and welfare.

In October 2022 British Gymnastics published its action plan, in response to the review which will take into account this particular recommendation.

What Does This Mean for Charities?

While the review focussed on safeguarding within a specific sport (gymnastics), its findings and  recommendations are of wider application, not just to charities working within sport, or involved in the care and protection of young people and/or elite athletes, but more broadly in helping all charities to consider their culture and the role their complaints handling procedures play in that.

Opportunity for Reflection

The review's endorsement of the reporting of low level concerns is consistent with the requirement that all schools require the reporting of low level concerns from September 2021, and is based on the research and recommendations of Professor Marcus Erooga, a safeguarding and sexual abuse consultant.

The publication of the review is also timely in the context of the Commission's Safeguarding and protecting people for charities and trustees guidance and its working group on bullying and harassment which reiterates the trustees' role to address bullying and harassment and reinforces the importance of the reporting of concerns in that context:

"Trustees must recognise that there is simply no place for bullying and harassment within, or by, charities. Trustees have a central role to play to ensure their charity has clear policies, and that allegations are handled appropriately and in line with employment and other laws. Those concerned about bullying or harassment are encouraged to take their concerns directly to the charity or its trustees whenever this is appropriate, and trustees are responsible for ensuring they have processes in place to hear those concerns and address the matter."

We would encourage all charities to consider:

  • whether their values, culture and governance framework encourage the reporting of concerns
  • the effectiveness of their policies and procedures in managing concerns, allegations and complaints
  • the extent to which they capture and monitor patterns and trends in complaints and complaints handling so that appropriate action can and is taken

If you would like any advice around policies and procedures, investigations or any of the points raised in this article, please contact Tabitha Cave on 0117 314 5381 or Louise Gilmer on 0117 314 5356. Alternatively, please complete the form below.

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