THE FOOTBALL ASSOCIATION OF WALES
1 The Football Association of Wales shall have a Welfare Policy and enforceable Procedures that are appropriate to ensure that all its members, officials and workers and all participants in any of its activities at whatever age, level, race or gender are protected from abuse, exploitation, harassment or harm from inside and outside the Association.
2 In particular, the FAW shall have any procedures that are deemed to be necessary by the Secretary General following consultation with the National Welfare Officer in order to ensure the protection of children under the age of 18, vulnerable adults, any weaker party in a relationship of trust and female participants in the sport of football in Wales.
3 The Football Association of Wales recognises that “Positions of Trust” exist within football. A Position of Trust is any position in which one individual has power or influence (actual or perceived) over another.
4 Any individual who has contact with children, young persons or vulnerable adults through football will be deemed to be in a Position of Trust irrespective of their role within football.
5 Furthermore, any individual who has contact with women through football will be deemed to be in a Position of Trust, irrespective of the age of the woman concerned.
6 Any individual who is in a Position of Trust or a Regulated Position must adhere to the FAW’s requirement to undergo any appropriate measures to ensure the safety of children, young persons and vulnerable adults in football. This includes, but is not limited to, a background check utilising an external agency of the FAW’s choosing.
7 The FAW shall appoint a National Welfare Officer and any other Welfare Officers that are thought necessary.
8 The Secretary General or his nominees shall have powers:
(i) to impose an interim suspension on anyone in a Regulated Position, a Position of Trust or affiliated directly or indirectly to the FAW who is being investigated by the police or social services for any offence against children or vulnerable adults;
(ii) to impose an interim suspension on anyone in a Regulated Position, Position of Trust or affiliated directly or indirectly to the FAW and order an immediate investigation if it can be shown by other evidence that, in the reasonable belief of the Secretary General or his nominees, the individual or individuals concerned may be at risk or potential risk to children or any other vulnerable person;
(iii) to impose an interim suspension on anyone in a Regulated Position, Position of Trust or affiliated directly or indirectly to the FAW who fails to comply with an instruction issued by the FAW in accordance with these Regulations.
(iv) to withdraw any FAW qualifications and remove from any Regulated Position, Position of Trust or affiliation anyone who has received a caution for or been convicted of any offence against children, young persons, vulnerable adults or vulnerable persons.
(v) to require that any written and signed suspicion or allegation of abuse, exploitation, harassment or harm made against an individual within the FAW is reported to the social services or police.
9 Before using his powers under Regulation 8(v) the Secretary General or his nominees shall give due consideration to the seriousness of the case and the views and opinions of any adult suffering from abuse, exploitation, harassment or harm, or the views and opinions of parents or guardians of any children that may be involved.
10 It shall be a condition of membership, affiliation or work that all Members of the Football Association of Wales, Subordinates or any other organisation or individual with involvement in association football to comply with the FAW Welfare Regulations, the Welfare Policy and Procedures, appropriate codes of conduct and all other subsisting regulations. Failure to comply shall be deemed misconduct as laid out in Section E of the FAW Rules and shall be subject to disciplinary procedures as laid out in these Rules.
11 The FAW shall have procedures that are deemed necessary by the Secretary General following advice from the National Welfare Officer in order to be able to ensure that anyone who formally discloses any information regarding abuse, exploitation, harassment or harm is not discriminated against.
12 The FAW shall have enforceable codes of conduct appropriate to anyone falling within the definition of ‘Regulated Position’ as provided for in Part II Criminal Justice and Court Services Act 2000, its amendments and revisions; and to anyone else deemed necessary by the Secretary General following consultation with the National Welfare Officer.
13 The FAW shall have enforceable codes of conduct appropriate to anyone in a Position of Trust to anyone else within the FAW.
14 The FAW shall regularly monitor and review its Policy and Procedures and shall revise them as is found to be necessary to comply with the law or changing circumstances.
15 For the purposes of this Regulation:
(i) ‘Regulated Position’ is as provided for in Part II Criminal Justice and Courts Services Act 2000, its revisions and amendments;
(ii) ‘vulnerable adult’ is any adult with a learning or physical disability or physical or mental illness, chronic or otherwise, including addiction to alcohol or drugs; or with a reduction in physical or mental capacity due to advanced age; and as a result would be incapable of protecting his/herself from assault or abuse; or there is a potential danger that his/her will or moral wellbeing may be subverted or over-powered;
(iii) ‘vulnerable person’ is any vulnerable adult or the weaker party in a relationship of trust;
(iv) ‘work’ includes work of any kind, whether paid or unpaid, or under a contract of service or apprenticeship, or a contract for services, or otherwise than under a contract, or established by or by virtue of an enactment;
(v) ‘abuse’ includes neglect, physical, sexual and emotional abuse, bullying and incorrect training;
(vi) ‘exploitation’ is a course of action designed to enhance the furtherance of one person’s career or standing in football at the expense of another/others;
(vii) ‘harassment’ is a course of conduct likely to cause distress or harm which a reasonable person in possession of the same information would think amounted to harassment of another;
(viii) ‘harm’ shall include sexual abuse and forms of ill treatment which are not physical.
(ix) ‘Subordinate’ shall mean any director, member, representative, official, employee, referee or other playing official or player of a Member of the Football Association of Wales together with every spectator and any person purporting to be its supporter or follower together also with all other organisations, clubs, bodies, entities or persons who are members of, or affiliated to, or over whom the Member of the Association exercises, or purports to exercise control.
EXPLANATORY NOTES FOR AN APPLICATION TO A REGULATED POSITION WITHIN THE FOOTBALL ASSOCIATION OF WALES
Under Part II Criminal Justice and Courts Services Act 2000 it is a criminal offence to knowingly:
offer work in a regulated position to, or procure work in a regulated position for, an individual who is disqualified from working with children,
fail to remove such an individual from such work.
It is also a criminal offence for an individual who is disqualified from working with children to knowingly apply for, offer to do, accept or do any work in a regulated position.
As the position you have applied for/are currently working in falls into the definition of ‘Regulated Position’ as provided for under the Act, before you can be offered this position, or allowed to remain in it, you will be asked to fill in a FAW Self Declaration Form.
Any offer of a position made to you will be conditional on completion of the FAW Self Declaration Form and the results of any checks made on you. All information you disclose will be regarded as confidential, as will the results of any checks made; and will be held by the FAW under the provisions of the Data Protection Act 1998, its amendments or revisions.
Please note that providing a false declaration or not declaring any pertinent information to the Football Association of Wales prior to any checks will be taken seriously.
The Football Association of Wales undertakes not to discriminate unfairly against any individual on the basis of conviction or other information revealed. A copy of the FAW’s Policy on the Recruitment of Ex-offenders can be obtained by contacting the Disciplinary & Welfare Department at the Football Association of Wales.