Extending the duty of care to achieve justice for abused match officials

Abstract

The welfare of participants in sport has historically been treated with lesser significance than other, largely commercial, considerations. In recent years, the wellbeing and treatment of athletes has come under the glare of the media and the public, due to a number of high-profile and deeply troubling claims of mistreatment and abuse whilst participating in sport. As result, there has been much support from stakeholders for the plight and well-being of athletes, indeed such concerns led to the commissioning of a “Duty of Care” report in the United Kingdom by former Paralympic athlete, Baroness Tanni Grey-Thompson. Her report was published in April 2017 and covered a number of important areas, including safeguarding and mental welfare. Although the focus was on athletes, there are a number of other participants in sport to whom a duty of care is, or should arguably, be owed. This article contextualizes the position in the UK and elsewhere in world when it comes to participants, the law and duty of care, focussing the analysis to a group of participants who do not garner the same attention: match officials. The author himself is a former football and current rugby union referee. The article shall consider how recent developments in national laws and sporting regulations may well extend the legal duty of care to protect match officials from what has become widespread and unacceptable levels of abuse and ill treatment by athletes and other stakeholders, as well as the options for remedy and redress.