Before reading this article, we would recommend viewing both our LADO Investigations, Responses & Actions article as well as our Disciplinary Policy.
BMABA will always follow any legal and lawful instruction given by a relevant authority, such as LADO, DBS or Police, for the protection of public safety and to ensure we comply with any matter for which we are required, by law, to act upon.
There are times, usually under exceptional circumstances, where BMABA will be asked by a competent authority (such as the Police, for example) to terminate a membership to prevent someone from continuing with membership and/or insurance under our organisation. Where this request is made lawfully, we will always comply.
There may at times be other situations in which we are requested by a competent authority (such as a LADO - Local Authority Designated Officer) to substantiate an allegation, risk or concern that is not otherwise meeting the threshold for a criminal investigation or DBS disclosure. If a relevant, competent authority makes a request to BMABA we are bound by insurance and legal requirements to follow this guidance. In any such situation, we will inform you we have received a request to discontinue membership from LADO. If this happens, you should speak to LADO directly in relation to the substantiated allegation or subsequent recommendation to discontinue membership.
As a private organisation, we place the safeguarding of children at the heart of all decision making. In-line with our safeguarding policy, and the intention to safeguard children, we have to always side with caution in any situation where there is significant risk presented by a LADO allegation meeting, followed by the recommendation to discontinue membership. This is not to allege or assign guilt - we are impartial to the decision making process and will remain impartial to any findings - but we can not take any risk to continue membership and / or insurance to individuals or clubs who could reasonably be deemed to pose a heightened risk to members of the public or children specifically.
As per our terms and conditions of membership which are voluntarily entered into at the point of joining, during membership, and on renewal, we refuse the right to terminate membership at any point if we have reasonable grounds to believe a club or instructor poses a heightened risk to the public, or to children specifically. In such a situation, as this may not be based on a conclusively proven allegation or finding, we are not required to substantiate an internal decision. If we feel there is a reasonably heightened risk, we shall be duty bound to act.
For the avoidance of doubt, an individual or club posing a heightened risk may include, but is not necessarily limited to;
More than one instance of a LADO investigation regarding professional standards, coaching practice, or safeguarding concerns
Termination of services by one or more primary or secondary schools on the grounds of a complaint or safeguarding concern
Termination of membership to, or barring from, relevant martial arts or combat based associations, governing bodies or trade bodies
A substantiated LADO investigation
A police investigation which includes Bail conditions or conviction
Disclosure & Barring Service referrals or barring
Allegations, conduct, management of concerns or other related safeguarding matters deemed to be inappropriate
Failure to disclose any prior LADO investigations, insurance cancellations, police investigations, convictions or cautions at the time of joining, or at any point during a course of membership
One or more complaints from parents or students in relation to professional standards or coaching practices
BMABA will not conduct investigations into any matter relating to safeguarding or legal matters. We will only ever be led by a relevant authority, and it is under their professional opinion that we shall rest any decision making in relation to risk.
We are a private owned trade body, and not a publicly funded organisation. We reserve the right, per our terms and conditions, to refuse service, reject membership or terminate affiliation at any time where we believe there may be a risk presented by a club or instructor. Any situation in which we make this decision is based on the protection of children being the paramount concern, and is a right we reserve to make. You are not obliged to use BMABA and other providers are available.
Whenever we cancel a membership, we do so without prejudice or judgement. This means we don't share this information with other partners or public, other than those to whom we are in contract to disclose (such as the Safeguarding Code, if you are registered to our Club Colours etc). We will endeavour to refund any fees on a pro-rata basis to ensure you are not financially prejudiced by a decision, however this cannot be guaranteed and would not include non-membership or insurance related purchases made.