Sports Law Update 2: The Whyte Review And Its Implications For Abuse Claims

• Published date: 22 June 2022
• Subject Matter: Media, Telecoms, IT, Entertainment, Sport
• Law Firm: 1 Chancery Lane
• Author: Anirudh Mandagere

In the summer of 2020, several current and former gymnasts spoke out about alleged mistreatment they had suffered in their sport. These allegations concerned emotional and physical abuse meted by coaches to athletes. Indeed, it was further averred that British Gymnastics ("BG") had not only failed to prevent such behaviour, but had condoned it in the pursuit of national and international competitive success. As a result of this, UK Sport and Sport England commissioned Anne Whyte QC to review these allegations and provide a report along with recommendations. She was asked to determine whether:

1. Gymnasts' wellbeing and welfare were at the centre of the culture of BG, its registered clubs and members coaches and if not why not;
2. Safeguarding complaints have been dealt with appropriately in the sport of gymnastics, and if not why not:
3. Gymnasts, or their parents, carers or guardians, have felt unable to raise complaints with appropriate authorities and if so why.

Practitioners ought to be cognisant of abuse claims arising out of such allegations. Indeed, on 12^th June 2022, Eloise Jotischsky became the first elite gymnast to successfully settle a claim against BG for abuse she experienced in the sport. She alleged that her coach, Mr. Andrew Griffiths, subjected her to inappropriate weight management techniques and verbal harassment at Heathrow Gymnastics Club. BG admitted liability and received a full apology from the governing body's Chief Executive.

This article is split into three parts:

1. Part I outlines the findings of the Whyte Review, focusing on the three areas of concern outlined above.
2. Part II sets out the recommendations.
3. Part III concludes by reflecting on the implications for abuse claims.

Part I: The Findings of the Whyte Review

Athlete Welfare

The Review received 400 submissions in their call for evidence. The mistreatment largely fell into two categories:

• Physical Abuse. This included physical chastisement, inappropriate training on injury, enforcement of excessive training hours to the point of physical pain and exhaustion beyond acceptable limits, and the withholding of food water and access to the toilet.
• Emotional Abuse. This included shouting swearing, name-calling and excessively controlling behaviour (gaslighting). One particular form of emotional abuse was excessive weight management of female gymnasts. Ms. Whyte QC found this was designed to meet presumed aesthetic values within the sport and to generate body shapes thought to be...