A north-east MSP has warned thousands of children are being left more vulnerable to abuse because of a loophole in the law.
Alex Johnstone said there is nothing to stop criminals, such as sex offenders, going ”under the radar,” and his fears were echoed by a martial arts instructor.
Mr Johnstone lodged written questions at Holyrood after being contacted by concerned coaches about the running of sports clubs that are not part of the governing body recognised by sportscotland.
He told The Courier: ”There are many private sports clubs who do an excellent job and provide superb tuition to the public, but on the other hand there is nothing to stop an individual who has little experience in a sport paying to do an instructor’s course lasting less than a week, setting up a club operating outwith sports centres and thereby going ‘under the radar’ of appropriate scrutiny.
”Doing this means that someone with a criminal past, perhaps with a sexual element, can avoid being screened under the disclosure process. This, in my view, leaves a serious gap not only in child protection, but also allows people to unwittingly be coached in unsafe and potentially dangerous methods.
”I am disappointed that the Scottish Government’s response smacks of complacency, and does nothing to protect those seeking to take part in sport and getting fit from poor quality coaches who see their students as little more than a source of revenue. I would urge anyone taking up a new sport to ask the instructor about his or her qualifications and experience, as well as asking to see their disclosure papers.”
Martial arts instructor Mark Davies, of The Best Defence studio in Arbroath, said he found it ”worrying” he was seeing people with very little experience doing a short course and then setting themselves up in business.
”When this happens, it is not about helping people achieve their fitness and personal development goals it’s simply about making money by charging inflated fees for equipment and grading,” he said.
A spokesman from the Scottish Gymnastics Association said: ”If a club is affiliated to Scottish Gymnastics it is mandatory for the club to adopt and implement our robust child protection policies and procedures.
”Unfortunately we have no such influence over clubs who are not affiliated to us and some (not all) may not put as high a priority on protecting children as we would like.”
Sports minister Shona Robison said non-recognition of a governing body ”does not imply that it is in any way lacking in its ability and capacity to properly administer and manage the sport.”
She added: ”All owners and operators of sports facilities have a duty of care to their users, and will as a minimum be subject to health and safety legislation. Thereafter, it is for the owners and operators to determine the level of charges to be applied and these would include an element for any sport development related activity.
”Individual users have the option to use alternative facilities should they consider the charges applied to be excessive.”
She added: ”This Government believes that modern governing body coaching qualifications offer the best method of providing coaches with the appropriate training, instruction and knowledge required to deliver coaching in their sport.
”Ensuring coaches have up-to-date qualifications, are registered with the appropriate governing body and undertake appropriate development and coaching personal development opportunities, offers the best assurance to the participant that the coach operates safely and appropriately.
”A number of sports do have their own qualifications, and sportscotland work closely with them to help develop sport specific qualifications based on the UKCC (United Kingdom Coaching Certificate) framework principles.”