Why Have a Policy?

This guidance applies to all photographs taken on film or digital camera (including mobile phones) and all sorts of moving pictures including video recordings (and video streaming).

The terms “child” or “children” include anyone under the age of 18 years.

There has been much talk about whether it is safe to have images taken of children participating in sport. Whilst the great majority of images are appropriate and are taken in good faith, it is a fact that images can be misused and children can be put at risk if common-sense procedures are not observed. 

To set out such procedures, this Policy has been prepared by Swim England.

Swim England acknowledges the assistance of the Premier League and is grateful for their consent to the reproduction of elements of the Premier League Code of Practice “Images of Childrenʼs participating in Activities at Premier League Clubs” within this Policy.

Aims of this policy

First, as in all matters concerned with the safeguarding of children, Swim England aims to help clubs establish and develop good practice.

Second, Swim England aims to help clubs avoid three potential sources of child abuse:

1. The use, adaptation, or copying of images for child abuse, either on the Internet or in print. 

2. The possible identification of a child when an image is accompanied by significant personal information, which can lead to the child being ʻgroomedʼ.

3. The identification and locating of children where there are safeguarding children concerns. Such cases would include, for example, children who could be compromised by an image because: 

• They are removed from their family for their own safety. 

• There are restrictions on their contact with one parent following a parental separation. 

• They are a witness in criminal proceedings. 

Swim England have been aware of cases where the photographing of swimmers has been used for illicit purposes. Such illicit photos are taken by persons purporting to be official photographers, hence the ruling that no one unconnected with an event, i.e. not a parent/ carer who takes photos unless they are a suitably approved photographer and have the consent of the meet manager.

Recommended best practice

1. The publishing of a photograph of swimmer under 18 either on a notice board or in a published article or video recording (including video streaming) of swimming competitions (“Publication”) should only be done with parentsʼ consent and in line with the Swim England guidelines (An issue has arisen in the past where a childʼs photo was published and led to a parent under court order only to have supervised contact with that child, discovering their whereabouts and making direct contact.).

2. A parent or guardian has a right to refuse to have children photographed. The exercise of this right of refusal should not be used as grounds for refusing entry into a swimming competition. Therefore any photo that may go to press or on a notice board, be it through a member of the club or official photographer, should have receive parental consent before publishing/displaying the photo, preferably in writing. A suggested form allowing parents to indicate refusal of consent is to follow.

3. Under Swim England guidance on the taking of photos, once a parent has signed the clubʼs Photography Book Register we are happy for them to take photos on the belief that their swimmer is the main subject of the photograph. Other competitors nearby may be included in the shot but should not be the main subject of the photo. However, another person can object to a parent/carer taking a photo if they believe their child, not the child of the photographer, to be the main subject of the photo, but in practice this seldom happens.

4. In the case of open meets and other competitions where the host club has an official photographer present, all parents attending should be made aware of this in your meet details. If photos are to be published anywhere, the individual parent should be given the opportunity to withhold their consent. Their right to do so should be specifically drawn to their attention.

5. The Swim England guidelines on photos for publication are as follows:

All photographs must observe generally accepted standards of decency in particular: 

• Action shots should be a celebration of the sporting activity and not a sexualised image in a sporting context. 

• Action shots should not be taken or retained where the photograph reveals a torn or displaced swimming costume.

• Poolside shots of children should normally be above the waist only in a swimming costume, though full length tracksuit shots are approved. 

• Photographs should not be taken from behind swimming blocks at the start of a race or exhibit young swimmers climbing out of the swimming pool.

• Published photographs may identify the swimmer by name and club but should not state the swimmerʼs place of residence or school attended.

Swim England do not wish to stop parents photographing their children if they wish at their “moments of glory” but all clubs have to ensure they do all we can to safeguard childrenʼs well being in the current climate of concern.

Mobile phones

Mobile phones should be registered as a camera if it has that facility in line with our policy on cameras. All clubs need to make its members aware that while Swim England does not support the banning of phones, as children need them to keep in touch with parents, particularly in emergencies, they support a requirement that manufacturers ensure they add a “noticeable sound” that it is audible if a phone camera is used. In the meantime clubs should remind members that any photos taken should fall within our guidelines and that if mobile phones are taken into changing rooms, the facility to take photos must not be used.

Should photographs (with or without) names of children be posted on a club website?

It is recommended that individualised photographs should not be kept on a clubʼs website and certainly not with identifying names as this could lead to a child being approached and placed in a vulnerable position. The same applies to a clubʼs printed materials such as a clubʼs annual report.

The only exception to this policy is where the childʼs parent or carer provides specific written consent to the club publishing photographs. This consent may be withdrawn at any time and clubs should take all reasonable steps to respect the wishes of the parent/carer.