Please read our Terms & Conditions of Membership Inclusive of our Legal Policy in conjunction with this policy.
BMABA's Responsibilities & Why We Have Regulations and Guidelines
BMABA sets itself apart from many other associations in the martial arts sector by being focused on professional standards and safer martial arts. To make sure we can properly and effectively represent our members we need to ask clubs to follow certain mandatory regulations, and we recommend other optional guidelines centred around best practice.
This not only protects BMABA (so we can support our members) but it primarily supports you as an instructor, as well as your students. As we all know in martial arts – you’re only as good as your reputation, so BMABA having an effective way to deal with complaints fairly, and to take action against rogue instructors and cowboy clubs is crucial.
We have a legal and ethical duty to robustly and promptly investigate any complaints brought to us surrounding matters of safeguarding, health & safety, professional standards or ethics.
How We Must Handle Complaints, And What We Can Share With You
When a complaint is made to us it will go into one of two places – safeguarding or compliance.
Safeguarding
If a concern is highlighted as Safeguarding, it goes in as a Category A response. This requires a robust, prompt response by our safeguarding team. This is a legal requirement. In all cases, we are not qualified to investigate the complaint and must always escalate matters to the LADO (Local Authority Designated Officer). The LADO will decide whether or not it meets the threshold for their team to investigate and this may involve the Police, depending on the nature of the allegations. BMABA will not investigate any matter - it is not appropriate for us to do so, nor are we a competent authority to investigate. Instead, we become duty bound to follow LADO, Police, DBS or any other relevant, competent authority's instruction on how to proceed.
Please see our policy on LADO Investigations, Responses & Actions and Membership Suspensions, Terminations, And Investigations as this will help you to remain informed on the process and possible outcomes.
Compliance
If the issue is not one of immediate potential criminal concern (such as a serious safeguarding matter) and does not relate to a failure to disclose prior LADO, Police or Safeguarding related matters to us, then it may well be handled internally by our Compliance Team as a Category B response. The nature of the complaint is taken into account and in most cases an account audit is carried out. This will involve BMABA requesting all outstanding evidence not yet verified on your account but expected to be held – such as first aid qualifications. If the audit is completed to our officer’s satisfaction, we will raise the dispute or complaint with you directly. We can’t share all details in most cases, and we often have to protect the complainant’s identity where relevant. If you believe you know who has instigated the compliant, you must not approach them directly on the matter.
We will offer you the opportunity to answer to any complaints or concerns, and we will ensure the complainant is fully questioned also. An outcome will be drawn by either our compliance officer in more clear-cut cases, or by our executive team in more serious cases, or in cases where the finding is disputed.
Investigations, Outcomes & Disciplinary Action
Please see our policy on Membership Suspensions, Terminations, And Investigations for more detail on outcomes and suspensions.
We will always put the safety of students first and our overarching priority must be the effective safeguarding of young people or adults at risk. Please understand that where cases are raised with us as a formal complaint or concern, we have no option but to report it through official channels. We are legally bound to do so.
In any instances which do not require a statutory body involvement (such as LADO) where we think there is a constructive route which will provide closure for the complainant we will always seek this as the primary outcome. This may be us assuring a parent the issue has been addressed, and providing some feedback to an instructor on how to handle the issue in the future. It may also be us finding there is no case to answer, and finding in the instructor’s favour.
Outcomes
There are three outcomes open to instructors;
GREEN CARD – No Case To Answer
In this outcome, there is no proven complaint and the association will find in the club’s favour. This has no outcome on your club record and requires no further follow up.YELLOW CARD
If we find the club to be at fault in part or in full, a yellow card may be issued. Clubs are only permitted two yellow cards in a 14 month period. Further yellow cards become red cards. Yellow cards are similar to a formal written warning in a traditional place of work. It may be for serious infractions surrounding best practice (such as not holding DBS checks or insurance) or for issues of serious concern regarding professional ethics (such as unethical business practice).RED CARD – Dismissal
If there is a serious proven complaint – usually safeguarding related (but sometimes also surrounding extremely poor or dangerous conduct) the association may issue an immediate Red Card. Under this circumstance, the instructor (and associated club, where relevant) is immediately dismissed. This would mean the full cancellation of insurances and membership, and all other associated membership perks. If the instructor is under the charge of a lead instructor but the complaint is not the club’s fault, the club will be supported throughout the process. If it is the lead instructor or involves a red card against the club itself, the entire membership will be cancelled. We do not issue refunds for instructors or clubs that are ejected owing to serious safeguarding or compliance failures.
Please see our policy on Membership Suspensions, Terminations, And Investigations for more detail on outcomes and suspensions.
Right To Review & Appeal
Every instructor, club and complainant has the right to appeal a decision with our executive committee within 28 days of a decision being reached, provided it is not a Safeguarding - Category A complaint. If a Red Card has been issued, membership shall remain suspended until the outcome of an appeal has been decided. If the appeal is in the club’s favour, BMABA will compensate the club with an extension to any memberships and insurances equal to that of the suspended period.
To make an appeal, the individual or club must put in writing their grievance outlining how and where it believes BMABA has drawn an objectively incorrect decision. We understand that as a non-regulatory body, we do not always have the full information to hand and whilst we always undertake thorough reviews and investigations, we believe the appeal process is an important one to ensure any final or non-disclosed information can be fully assessed.
The final outcome of the executive committee will be final. If the executive committee can not reach a unanimous decision it shall fall upon the Group’s Chief Executive Officer to seek external legal counsel.
If the RED CARD is issued in response to a Category A concern, there is no appeals process as the decision will have been made by another competent authority and not internally within BMABA.
Please see our policy on LADO Investigations, Responses & Actions and Membership Suspensions, Terminations, And Investigations as this will help you to remain informed on the process and possible outcomes.
IMPORTANT READING