Ellesmere College affiliation application

My process will, broadly, be the following:

1. Considering the documents submitted by the Club.I have received the documents sent by the Club with their application to affiliate. I will consider these against the Swim England Handbook and requirements in place currently. Where I have questions arising from those documents, I have raised those with the Club officers referred to on that application and/ or the School.
2. Considering documents provided by Swim England: I will review documents received from Swim England.
3. Considering documents provided by the School: I have written to the School and received documents submitted by them. I have already had a meeting with the School’s Acting Headteacher and responded to the School’s questions about my process and about the relevance of some of my information requests and information gathering.
4. Interviews: I have sought interviews with those named on the Club’s application as relevant officers.
5. Survey: I am collating responses from individuals other than the School itself, the Club and other agencies through an online survey.
6. Targeted document requests: Where a document, correspondence, or information gives rise to a relevant question I may request further information or documents from the person or organisation.
7. Public documents: I have considered the Weston review . I will also consider public judgments of Courts and Tribunals where relevant.
8. Other agencies: I have written to the Independent Schools Inspectorate, Local LADOs, relevant sections and bodies within Swim England referred to in my Terms of Reference, the current swimming club that Ellesmere College Swimming Academy Members are members of and are registered with for Swim England. I may also write to other statutory agencies or Sports Governing bodies or other third parties where appropriate.
9. Swim England Safeguarding: I will also ask Swim England Safeguarding if they hold any other information relevant to my Terms of Reference, including evidence and findings and for their view, once I have reached factual conclusions, based on those factual conclusions whether they consider the Club to be compliant currently with Swim England Rules, policies and the Handbook and if not to explain to me why not. I am not bound by those submissions and will exercise my own judgement. I will exercise particular care if I consider that a factual finding from a previous process cannot be relied on or given significant weight due any failure of fair process.
10. Ensuring an opportunity for the Club to be heard; I am following principles set out in English case law. This means that where I may make a finding adverse to a person or the club, that I give that person or the Club an adequate opportunity to respond. What an adequate opportunity is will depend on the circumstances. Some of this is built into the process and Terms of Reference. For example, the Club already knows from my Terms of Reference that I will consider all documents submitted against the Handbook, Rules and Policies and that I will be considering whether they are fully cooperating currently with those Rules and policies, and whether I accept that their processes, governance etc have changed sufficiently since the previous processes. It will also be clear in the questions I am asking in correspondence. The interview process also allows me to gather relevant information and for relevant people from the club to be heard. At the end of the evidence gathering process, I will carefully consider whether I need to give any particular separate further opportunity to make any further submissions or evidence before reaching my conclusions on the evidence.

Yes. You may contribute if you have relevant evidence or other documents relevant to my Terms of Reference. Please follow this survey link.

Please only fill in the survey once.

The survey is open until 22 July 2024.

My Terms of Reference allow me to consider evidence both from the School, Club and Swim England and other individuals. I have set up a survey to structure and collate relevant information and submissions from individuals who wish me to consider their information or submissions.

I am also aware that Louis Weston’s report queried whether members of Ellesmere College Titans and their parents had been permitted to make submissions before the decision to disaffiliate was made.

This survey asks a series of structured questions on topics relevant to my review. In the adult and over-16 versions, at the end of the survey, it asks whether any person has any further submissions or documents they wish me to consider in making my recommendation. There is a shorter, and more suitable formulation for those aged 13-15. I consider that those under 13 may not understand the language used in my Terms of Reference so they have been asked a shorter and simpler list of questions.

The survey asks questions both about the past and the current position. It is helpful for me to see answers to both types of questions due to the questions asked in my Terms of Reference. It is not my remit to determine whether Ellesmere College Titans was suitable for affiliation in the past. It is my remit to consider past findings and whether the College has now addressed previously existing concerns.

Children, especially those who swim with Ellesmere College Swimming Academy, who are pupils at Ellesmere College, and potentially other children (for example those who swim in competitions against members of the Swimming Academy) may have information relevant to my review and may wish to contribute.

I have carefully considered how to frame the questions so that this provides a fair opportunity to submit relevant information. It enables me to obtain evidence relevant to the decision I have been asked to make.

Those questions inevitably both relate to the past, and to the time of the Ellesmere College Titans, so that I can make a decision as to whether and to what extent matters have changed, as Ellesmere College Swimming Academy has submitted in their submissions to me that they have. I have also asked some questions about the position now which is also relevant to whether Ellesmere College Swimming Academy currently does and will be able to be in a position to ensure that all of its members (both adult and child members) comply with the rules and policies of Swim England, Aquatics UK and World Aquatics as required in the Handbook.

I have discussed the survey in a meeting with the current acting Headteacher and Head Coach and also corresponded with them. I have explained my process and rationale to them and they have sent out the survey.

Where the questions are appropriate for my Terms of Reference and framed appropriately it is helpful for me to ask the same questions where possible so that I can compile as complete a picture as possible. I am able to filter the data by reference to who the person is, for example whether they are a parent, child, former member etc.

This helps me build an evidential picture. It is not the only information I consider as part of the review. I will also carefully consider the submissions of the Club, School, relevant statutory agencies and Swim England. A summary of my current proposed process is summarised above.

In compiling the survey I have carefully considered the framing of the questions. While it is not a market research survey I have read and taken into account the guidance of the Marketing Research Society, the trade body for market researchers which has detailed guidance on creating surveys (albeit for market research purposes). I have used the same age split as they suggest, including a tailored version for 13-15 year olds, which ask some, but not all the same questions as the over 16 version, and a separate shorter simpler version for the survey for those aged in year 5-7. Ellesmere College Swimming Academy takes children from year 5.

Some of the questions are similar to those asked of school children in surveys by Ofsted or the Independent Schools Inspector. I have considered also the Advocates Gateway guidance materials, guidance from the NSPCC and the Child Protection in Sport Unit and guidance from the Information Commissioners’ Office. I have also read and had regard to the formulation of the survey for Fiona Scolding KC into Harmful Sexual Behaviours at Westminster School, which had involved a survey of pupils asking about harms, including sexual harms (https://www.westminster.org.uk/wp-content/uploads/2022/03/Independent-Review-into-Harmful-Sexual-Behaviours-Fiona-Scolding-QC.pdf, I have also used my skills and experience from my legal practice.

I gave the School and Club the opportunity to comment on the draft survey and to provide drafting improvements and suggestions in conjunction with their school educational psychologist. While they initially queried whether it was necessary to ask the questions asked, and said that “students may not find the survey easy to answer” and queried whether the survey should be publicly accessible or sent to students or parents not in the swimming club, they did not provide any drafting suggestions.

Please email [email protected] to ask for a reasonable adjustment.

I explained on 28 June 2024 to the School acting Headteacher that I would like to make this available and set out the process for this.

I explained:

If any of your pupils has SEN which cause developmental delay or who would not understand the 16 and over version (or if 13-15 that version), please could you let me know. I would be content with those individuals being emailed the survey and asked to enter 11, 12 or 13 in the age but also to fill in one of the free text boxes on the form to disclose their actual age and they have inserted a lower age on your instruction due to SEN. There is also the possibility of requesting reasonable adjustments to the survey to reduce or mitigate disadvantage due to disability. If you give this permission to any child or parent, please let me know.

If you are an adult and you would like to fill in a younger version as a reasonable adjustment please contact [email protected] and please explain in one of the free text boxes when you fill in the survey that you have done this.

People who are not currently members of Ellesmere College Swimming Academy may have information relevant to my Terms of Reference.

This survey enables any person with relevant information to submit it in the structured manner that the survey asks. There are also several free text boxes.

I will consider all submissions made and consider whether evidence is relevant and if so, how it should be considered within this process.

Please do report harm or risk of harm to Swim England, details for how to do this online can be found on this link. The safeguarding team can be contacted on 01509 640700 (Option 1 for Swim England and then Option 3 for Safeguarding). Please leave a message if the team is unavailable and they will get back to you as soon as possible.

If you would like to talk to someone independent, Childline can be contacted on 0800 1111.

If the concern is urgent and about a child at risk within Swimming and you cannot contact your Welfare Officer or the Swim England safeguarding team, you can call the NSPCC on 0808 800 5000.

If it is an emergency because a child or adult is at immediate risk, then call the police or children’s social care (if appropriate) in your area.

If a child or adult is in immediate danger contact the police on 999. For non-emergencies 101.

The School Safeguarding policy and contact details are available here.

I am not able to change my Terms of Reference. If you have information relevant to my Terms of Reference please could you complete the survey.

If you wish to complain to Swim England about the Terms of Reference the details for their complaints policy is here.

For safeguarding concerns or matters relating to safeguarding please follow this link here.

The purpose of the survey is so that I can receive relevant information, submissions and evidence within scope of my Terms of Reference. I am unlikely to reply individually to all submissions.

I will consider the submissions as a whole along with other evidence in making my decision. Some of the questions asked, are similar to those asked by Ofsted and the Independent Schools Inspector and are aimed at giving a flavour of school and club culture currently and the awareness generally of policies and processes at the school and club.

Like Ofsted and the ISI, I cannot determine individual complaints against Ellesmere College, Ellesmere College Swimming Academy, Swim England or otherwise. Links to their complaints policies are:

https://www.ellesmere.com/fs/resource-manager/view/df08a3f2-9e0f-4a16-b6d8-36edf0a836f5

https://www.swimming.org/library/documents/6007/download

If you leave your name and contact details I may respond to you directly but I do not promise to do so.

The survey can be filled in anonymously. You do not have to give your name or contact details. However, if you do not do so this might affect the way in which I can use the information submitted and may mean that I can give it less weight.

Please refer to my privacy policy. The survey contains a shortened summary aimed to be accessible to children, considering the ICO’s guidance.

If this is your view, you are very welcome to fill in the survey.

The interests of child members of the current club are not the only consideration I will consider. One of the purposes of the Swim England Handbook and Wavepower is so that all participants agree to be bound by the code of conduct and rules of Swim England. If there is evidence which suggests that the Club cannot or may not ensure compliance of members, this is relevant to my review. If the Club is not organisationally compliant with the current rules, that is also a relevant consideration. The purpose of the Handbooks and policies are also to protect children at other Swim England affiliated clubs, competitors and those involved in the sport for leisure purposes. There is no inalienable right for any person to be able to join or affiliate to a sports governing body.

For more detail on the rationale for requiring sporting clubs, as a condition of affiliation to bind all its members and participants to the rules of the sport, including safeguarding policies, please see Recommendation 5 in the Sheldon Review into Sexual Abuse in Football at https://www.thefa.com/about-football-association/sheldon-review.Many sports governing bodies have changed their rules over the last several years to mandate compliance with and agreement to be subject to the rules of the sports governing bodies, including safeguarding policies as a condition of affiliation. My Terms of Reference require me to “The Individual shall adopt a principles-led approach in making the Decision, with the desire to safeguard children at the heart of the decision.”

This refers to all children and not only child members of the Club, currently. It includes those who are members of the Club currently.

Possibly but it will depend on the circumstances.

In order to act fairly I have agreed with the Club that I will apply a test from a legal case called R v Secretary of State for the Home Department ex parte Doody [1994] 1 AC 531.

This says:

“Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result; or after it is taken, with a view to procuring its modification; or both… Since the person affected usually cannot make worthwhile representations without knowing what factors may weigh against his interests fairness will very often require that he is informed of the gist of the case which he has to answer.”

This does not mean that I will necessarily share the survey response. I may, however, if I consider that I may make a finding adverse to the Club, based on your survey response, either summarise your response, or summarise a theme from responses so that the Club has a fair opportunity to respond.

If you have provided your identity and this is relevant and sharing is reasonably necessary and proportionate to the purposes of this review, then I may share this with the school.

The survey asks relevant questions to my Terms of Reference. Because those Terms of Reference require me to assess both compliance and potential future compliance with the Handbook and polices (including Wavepower) and to take account of past findings and evidence, it is important I am able to extract evidence relevant to those potentially negative features with sufficient particularity. It is also helpful for me to gather responses to a mixture of specific and general questions.

The School and Club also know the questions asked so they also have a fair opportunity to respond and provide material, which I will review. If there are specific responses to this survey which lead me to consider a potential adverse finding, the Club and School will be permitted an opportunity to respond.

This survey is only part of the information I will consider under my Terms of Reference. I have summarised my current process above.

In the documents so far submitted to me in this review, there has been no suggestion that the Swimming facilities at the school are not adequate.

You may submit any relevant information in the final questions of the survey which ask about my Terms of Reference paragraphs.

If I am notified of a safeguarding referral relevant to my review, or if I make a safeguarding referral to a statutory agency, or to Swim England or another body I will carefully consider the appropriate course of action.

If there is a current safeguarding, or other, investigation into a person or persons currently who are listed as Club officers, club coaches or members, and they remain involved in the Club, this may be a factor which leads me to recommend that the application to affiliate should not be accepted while a matter is being investigated. I will consider all relevant factors when making my recommendation to the Board of Swim England.