Duty of care in sport and physical activity

Duty of care is a legal and moral obligation to protect others from harm. When children and young people are involved in organised sport or physical activity, the adults in charge have a duty to take reasonable care to ensure the young people's safety and welfare. 

The welfare of children and young people is of paramount importance, and duty of care is a reflection of this. Duty of care allows us to be child-centred and make decisions in the best interests of young people.

The definition of duty of care in sport

To fulfil its duty of care, a sports organisation or activity provider needs to take reasonable measures to make sure activities are safe for everyone. Duty of care may be imposed by common law or statute, contract, or acceptance by an individual.

There's a duty of care if there is a formal relationship, such as between a club and a club member, an activity provider and participant, or a coach and an athlete. This duty occurs in two ways:

• Moral duty of care - a responsibility for safety and welfare
• Legal duty of care - there's a legal duty of care for safeguarding, and health and safety

From a safeguarding perspective, sports clubs and activity providers have a legal responsibility to make sure there are robust safeguarding measures in place. This includes:

• safeguarding arrangements, policies and procedures
• collaboration with local safeguarding partnerships and agencies
• adequate reporting and referral processes
• safeguarding training for staff and volunteers.

Sports organisations could be held liable for failing to meet the legal duty of care if an incident occurred, and it could be proved that the risk was foreseeable, but no action was taken to avoid it.

Duty of care and children and young people in a club or sports activity

Anyone in charge of children and young people involved in a sports club or physical activity has a duty of care, similar to that of a teacher in charge of a class of children of the same age. They are sometimes described as 'in loco parentis', or acting in place of a parent.

The expected standard of care is that of a 'reasonable and prudent parent' or carer - someone who is careful and thoughtful in the way they make decisions. If supervision falls below this standard, and a child is hurt, the adult may be considered negligent.

You should take steps to demonstrate a reasonable standard of care. For example:

• keep up-to-date registers of attendance
• keep up-to-date records of contact details
• maintain appropriate supervision ratios
• maintain up-to-date information on medical conditions, making sure the relevant people have immediate access to this when needed
• make sure first aid provision is available
• make sure that those responsible for supervising young people have been through safe recruitment processes, and follow relevant policies
• carry out risk assessments, including health and safety

It's also be considered reasonable to follow guidance, advice or directions provided by a sports body of other relevant organisation. Many sports and activity providers, affiliate bodies and commissioners have their own policies, procedures and best practice guidance on their own websites.

Duty of care briefing

This briefing clarifies what duty of care (PDF) means for sports organisations and activity providers, with detailed guidance on how to demonstrate that this duty is being met. 

Author: NSPCC Child Protection in Sport Unit (CPSU)
Published: 2025