BHA Responds to High Court Ruling

Following the ruling of the High Court in favour of Freddy Tylicki, the British Horseracing Authority has released its response on Thursday. Tylicki sustained catastrophic injuries in a fall at Kempton Park in October 2016.

After the judge's ruling, the BHA obtained transcripts of the proceedings, which have been reviewed in detail, and held discussions with industry stakeholders in order to consider what implications there may be for the sport as a result of the judgment.

The BHA released a statement on Thursday which read in part: “Due to the significant reforms of British racing's stewarding model and processes which have taken place since 2016, the BHA is satisfied that the High Court has not identified any further actions that must be taken as a result of this ruling beyond those which have already taken place or are already committed to. The reforms since 2016 have included:

 

  • A transition from a majority amateur panel quorum model to a majority professional panel quorum model of stewarding in Britain;
  • Mandatory competency-based training, developed externally in collaboration with legal training experts, has been introduced for all stewards;
  • State-of-the-art technology introduced on course that allows for more enhanced analysis of races;
  • Updated guidance provided to stewards as part of the competency-based training on enquiry procedure, and specifically regarding the adjournment of enquiries where material witnesses are unable to be present.

“Work is already underway, following the adoption of the new Rules of Racing in 2019, to review British racing's sanctions framework and guidance. This work will address the full range of sanctions, including those for interference, and discussions with stakeholders have already begun on this process.

“…The BHA is committed to furthering the professional development of all stewards in line with international best practice, enabling them to develop the skills required to hear, test, interrogate where appropriate, and balance all evidence given in enquiries.

“Away from stewarding, it is considered that there could be implications for jockeys' insurance arising from this ruling, something the BHA and PJA have met to discuss.

“The BHA has committed to supporting the PJA in whatever way necessary in their discussions with their insurer, in particular by providing whatever material they may need to demonstrate the level of risk mitigation that is now in place in British racing. It is essential for all sectors of our sport that jockeys are provided with adequate cover to allow them to compete.

“Such risk mitigation includes the introduction of saliva testing in 2021, whereby oral swabs are used to provide on-the-day screening for cocaine and a range of other banned substances at racecourses.

“Saliva testing is designed to be used in addition to breath and urine testing, which is capable of detecting a broad range of substances. Raceday saliva and breath tests act as a preliminary screen, and any jockey who does not test negative on raceday is stood down from riding that day, as well as being subject to further investigation.

“Funding has also been made available by the Levy Board for hair sampling to become a mandatory element of any jockey's licensing process in the future, as part of a widening of the matrices used to test for prohibited substances.

“The BHA would like to thank all of those who have contributed to discussions on the topic of this ruling in the last month and would also like to place on record once again its very best wishes for the future for Freddy Tylicki and his family.”

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Culture Of Respect Working Party Established

A cross-industry working party has been established to agree an action plan that will pave the way for improving the culture of respect in British racing. In the wake of the Bryony Frost/Robbie Dunne case, in which Dunne was banned from riding for 18 months for prolonged bullying and intimidation of Frost, racing's major stakeholder bodies issued a statement last month reiterating their commitment to take wide-ranging action to offer support and education to industry participants around behaviours.

The representatives of the culture of respect working party, which will meet monthly and be chaired by the BHA's Head of Industry Training and Retention Adam Green, is also made up of the BHA's Head Of Diversity Rose Grissell, Legal Regulation Advisor Tomas Nolan and Communications Consultant Emma Rouse; National Trainers Federation Chief Executive Paul Johnson; Professional Jockeys Association Acting Chief Executive Dale Gibson and jockey representatives Page Fuller and Andrew Mullen; National Association Of Racing Staff Chief Executive George McGrath; Racehorse Owners Association Executive Assistant Ruth Diver; the Thoroughbred Breeders' Association's Colin Bryce; the Racecourse Association's Raceday Experience and Communications Manager Paul Swain; Racing Welfare's Director Of Welfare Simone Sear; and independent representative Dr. Eleanor Boden.

“There has been progress in racing in recent years towards improving a culture of respect, but it is important that we all acknowledge that there is more to be done,” said Green. “Having been a part of conducting the Code of Conduct consultation across the industry, I am left in no doubt that there is an overwhelming appetite from all quarters to improve the culture of respect and make sure that everybody involved in the sport is supportive of one another. The working party reflects the commitment from everyone to effect meaningful change for the future of racing.”

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BHA Issues Update On Whip Project

The Whip Consultation Steering Group is discussing possible recommendations stemming from the three-month consultation period last summer, the British Horseracing Authority said in an update on the whip consultation project on Thursday. This stage of the project has been slightly delayed due to Covid complications, and is now expected to be completed towards the end of winter, with the proposals scheduled to be considered by the BHA board in April. After a period of adjustments, the full report and recommendations is to be published in May, with any new rules expected to come into affect in the autumn.

The steering group is comprised of experts from across the racing industry and wider sectors including politics, horse welfare and the media.

Once the steering group's recommendations are complete, they will be discussed with a selection of relevant individuals and bodies before being finalised and presented to the BHA board.

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Raceday Covid Restrictions To Be Eased In England

Raceday Covid restrictions-like face coverings and Covid Status Certification-are set to be eased in England from Jan. 27. Face coverings on racecourses will be strongly encouraged but not enforced, while the courses will drop the government-mandated Covid Status Certification requirement that applied to race meetings with over 4,000 attendees. Restrictions will still be applied in the weighing rooms, where a negative lateral flow test is required for entry and social distancing is enforced. Those rules will be re-evaluated no later than Feb. 14.

British Horseracing Authority Chief Medical Adviser Dr Jerry Hill said, “COVID-19 has not gone away, but with cases continuing to fall we have been able to review our existing mitigations and feel that, in line with government guidance in England, we can now recommend rather than mandate the use of face coverings. We must, however, continue to do all we can to protect our business-critical workforce. Testing for weighing room workers remains a necessary precaution, especially as other measures are eased on course and across wider society. This will be kept under continual review; however, through this mechanism, positive cases have been identified in asymptomatic individuals, which might otherwise have resulted in viral transmission in the weighing room.

“We are grateful to jockeys and all weighing room personnel for their ongoing cooperation in this process–the need to protect each other's health and livelihoods is clearly high on everyone's priority list. Of course, vaccination remains the most effective means of protecting ourselves from serious illness and therefore something that is strongly encouraged for all racegoers. It is also sensible for non-weighing room personnel to test regularly to ensure you are not infectious when on course.”

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