A report by experts from the University of Glasgow looking at deaths caused by neurodegenerative disease in former professional footballers in Scotland.
A report by experts from the University of Glasgow looking at deaths caused by neurodegenerative disease in former professional footballers in Scotland found that whilst deaths from causes such as heart disease and lung cancer were lower amongst footballers when compared to the general public, death from neurodegenerative disease was three and a half times more likely for professional footballers.
As a result of this report, and in news that was covered widely in the media, the Scottish Football Association are to publish new guidelines which are likely to include a ban on heading footballs in training for the under 12s. Some sources consider the guidelines may also limit heading in matches and in training for higher age groups.
The view of the general public to this news makes for interesting reading. Comments on the BBC News website suggest a common view that this is health and safety gone mad. Some suggest they used to head the ball as a child and are fine, that this a typical response for the “snowflake generation”, and that it is unnecessary as footballs are now lighter than those used by previous generations.
The report didn’t identify the cause of the increased instance of death from neurodegenerative disease but Dr John MacLean, the Scottish FA’s doctor who was part of the team who wrote the report thinks the proposed restriction is common sense. He considers the likely cause of such a significantly greater number of such deaths would be head injury or heading a ball and that they can’t afford to wait for the evidence on heading. He believes sensible pragmatic steps need to be taken, and trying to reduce the overall number of times young players head the ball, which is more in training than in matches, would be such a step.
The English FA has launched a research taskforce to consider potential changes to the coaching and training of heading in England with a view to decreasing the overall exposure to heading the ball. This will include exploring the introduction of limits on heading in training across all levels of football, from full-time professionals to children. Whilst that research is ongoing, the FA is set to launch new coaching guidelines proposing a restriction on the amount of heading of the ball for under 18s in training sessions. The guidelines have yet to be finalised yet, but do not entirely ban heading in the absence of evidence of a direct link between heading the ball and neurodegenerative diseases.
In the United States, children aged 10 and under are already banned from heading and there is a restriction on heading for children aged between 11 and 13. Currently there is no similar ban in any European country. If implemented as proposed, the Scottish FA restrictions will be the first in Europe. The US restrictions were implemented following a claim by the parents of a number junior football players against the United States Soccer Federation (USSF) as a result of the USSF agreed to change its safety. Litigation over alleged sport induced brain injuries is nothing new in the US where class actions have been brought by players from the NFL (American Football), NHL (ice hockey), National Collegiate Athletics Association and WWE wrestling to recover damages arising from brain injuries allegedly caused while playing. Could we see a similar situation in England and what should governing bodies and clubs be considering in light of this news?
In brief, where it can be proven that blows to the head have resulted in a foreseeable brain injury, then a range of potential claims could follow. A claim could potentially be brought against a governing body for failing to take reasonable steps to eliminate or reduce the risk of harm. A claim could also be brought against a club or coach for the same thing or for failing to teach appropriate technique which could reduce the risk of injury. At a more junior level, schools may also face claims for failing to ensure the safety of their pupils. Currently, there is no direct evidential proof that repeatedly heading a football causes or significantly increases the chances of developing a neurodegenerative disease. However, this report, combined with other well publicised incidents, such as the inquest into the death of the former professional footballer Jeff Astle which recorded his cause of death as dementia brought on by repeatedly heading a football throughout his career, puts governing bodies, clubs, coaches and schools on notice as to the potential for this aspect of football to result in significant harm to participants. This is a potential risk which needs to be assessed by all of those who have responsibility for participants in football, and in the event a risk is identified, measures put in place to educate as to the risk, and/or reduce or remove the risk by whatever means are appropriate. That could involve reducing exposure to heading, or as is likely to be recommended in Scotland, banning heading in training entirely for younger participants. The assessment should also be reviewed in light of any new evidence concerning the risk. Whatever steps are taken, the governing body, club, coach or school needs to be confident that such steps adequately deal with the risk because if litigation in England follows the example of the US, claims against such bodies are likely to increase.
Law firm Browne Jacobson has collaborated with Wiltshire Council and Christ Church Business School on the launch event of The Council Company Best Practice and Innovation Network, a platform which brings together academic experts and senior local authority leaders, allowing them to share best practice in relation to council companies.
Announced in September but scrapped on 17 November the investment zone proposals were very short lived. The proposal has now morphed into the proposal for a smaller number of clustered zones earmarked for investment.
On 2 November 2022, the Supreme Court handed down its judgment in the much awaiting case of Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30. The Court’s judgment suggests that the long established practice of using drop-in applications is in fact much more restricted than previously thought. This judgment therefore has significant implications for both the developers and local planning authorities.
In ‘failure to remove’ claims, the claimant alleges abuse in the family home and asserts that the local authority should have known about the abuse and/or that they should have removed the claimant from the family home and into care earlier.
Across the UK, homelessness is an urgent crisis, and one that is set to grow amid the rising cost of living. Local authorities are at the forefront of responding to this crisis, but with a lack of properties that are suitable for social housing across the UK, vulnerable individuals and families are often housed in temporary accommodation.
Two directors of a construction company were fined after failing to ensure the safe removal of asbestos from a plot of land. On 14 and 15 November 2021, Directors Anthony Sumner and Neil Brown, of Waterbarn Limited were involved in the uncontrolled removal of asbestos material from a plot of land in Grasscroft, Oldham.
An engineering company in Tyne and Wear was fined £20,000 after a worker fractured his pelvis and suffered internal injuries after falling through a petrol station forecourt canopy, whilst he was replacing the guttering.
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
Updates include UK Shared Prosperity Fund, contracts, Subsidy Control Bill, data controller liability, Government Covid-19 procurement and Highway Code revisions.
Investment zones have been introduced by the Conservative party to get the United Kingdom (UK) ‘working, building and growing’. They are to be designated sites which provide time-limited tax incentives, streamlined planning rules and wider support for local growth to encourage investment and accelerate the development of housing and infrastructure that the UK needs to drive economic growth. Processes and requirements that slow down development will be stripped back with the intention of attracting new investment.
Created at the end of the Brexit transition period, Retained EU Law is a category of domestic law that consists of EU-derived legislation retained in our domestic legal framework by the European Union (Withdrawal) Act 2018. This was never intended to be a permanent arrangement as parliament promised to deal with retained EU law through the Retained EU Law (Revocation and Reform) Bill (the “Bill”).
It is clear that the digital landscape, often termed cyberspace, is a man-made environment, in which human behaviour dominates and where technology both influences and aids our role in it — through the internet, telecoms and networked computer systems, which are often interdependent. The extent to which any organisation is potentially vulnerable to cyber-attack depends on how well these elements are aligned.
Three months on from the commencement of the new statutory Integrated Care Systems (ICS) Anja Beriro and Gerrard Hanratty reflect on the main themes and issues that have come from the new relationship between local government and health.
The Health and Safety Executive (HSE) have announced they will be carrying out a programme of inspections to primary and secondary school establishments from September 2022. The inspections will assess how schools are managing the risks from asbestos and meeting the Duty to Manage requirements, set out in Regulation 4 of the Control of Asbestos Regulations 2012.
The Procurement Bill (the Bill) has now been with us for about four months, during which time there have been a huge number of amendments proposed in the House of Lords (circa 320). Lately, there has been less mention of it — unsurprising, really, given everything else going on in politics recently — but here’s a summary of some of the key issues and themes so far.
Browne Jacobson has been named as a supplier on Crown Commercial Service’s (CCS) Public Sector Legal Services Framework on Lot 1a – full-service provision (England and Wales) and Lot 2a – general service provision (England and Wales).
Browne Jacobson has been ranked as a Top Tier law firm in 25 key practice areas in Legal 500 UK 2023, the independent directory of comparative law firm performance. The firm also continues to underpin its status as one of the leading law firms in the East Midlands region with 16 Tier 1 rankings.
Welcome to our September edition of Public Matters, our monthly round-up of legal updates, news and insights for the public sector.
The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.
Devolution is the transfer of powers in areas like transport, housing and skills in England and since the Cities and Local Government Devolution Act 2016 has been a much-discussed topic.
In this article we look at local authority companies and whether they are subject to the Freedom of Information Act 2000. And for those that are, what information are they legally obliged to submit.
The Department for Levelling Up, Housing and Communities (DLUHC) has published a consultation on proposals to require Local Government Pension Scheme (LGPS) administering authorities (AAs) in England and Wales to assess, manage and report on climate change risks.
The Department for Education (DfE) have announced that the conversion of Donisthorpe Primary School in Leicestershire on 1st September marked the 10,000th academy conversion.
On 31 August 2022, the Court of Appeal handed down the Judgment in respect of the appeal case of HXA v Surrey County Council and YXA v Wolverhampton City Council [2022].
This month, HM Treasury issued a consultation on Administrative Control Process for Public Sector Exits with draft guidance. They’re proposing to introduce an expanded approvals process for employee exits and special severance payments, and additional reporting requirements. If approved, the proposals will impact public sector bodies and those that do not have a specific right to make exit payments.
The focus on the Levelling Up agenda and the availability of grant funding, means there are numerous important regeneration schemes actively being pursued across the country. With ever-escalating project and building costs, in many cases, applications that were made for grant funding were based on costs contingencies that have already been exceeded.
