Guidance for Adults Facing an Allegation of Child Abuse at Work

Introduction
Initial Action
Types of Possible Investigation
Suspension
Who Will be Notified?
Support
Return to Work
What Records will be Kept?
The Independent Safeguarding Authority (ISA)
Alleged Criminal Offences

1. Introduction

The aim of this guide is to explain the processes involved, and the support and guidance available, if it is alleged that that you have:

Behaved in a way that has harmed a child or may have harmed a child, or
Possibly committed a criminal offence against or related to a child, or
Behaved towards a child or children in a way that indicates your are unsuitable to work with children

More detailed information about the process can be found in:

“Working Together to Safeguard Children” HM Government 2010 6.32-6.42 and Appendix 5.

Or for education settings “Safeguarding Children and Safer Recruitment in Education” DfES Jan 2007 Chapter 5 for further guidance.

2. Initial Action

Your manager, or responsible body will consider the action, taking advice from the Local Authority Designated Officer (LADO), who will consult Children's Social Care and the Police as needed. The Police may advise that you are not told about the allegation immediately.

The LADO will advise one, or a combination, of the following:

The child/young person requires enquiries and assessment by Children’s Social Care about whether they are in need of protection or services
A police investigation of a possible offence
Consideration by the employer or organisation of disciplinary action, (or of advice and training if the concern is more minor)
After any initial enquiries, the allegation is without foundation

If (a) or (b) a Strategy Discussion should take place involving The Police, Children's Social Care, your Manager, and Personnel. You will not be invited. The discussion will focus on the needs of child/ren who may be at risk, and draw together actions under the three strands (a) to (c) above. It will determine what action should be taken, but it is not part of any disciplinary procedures.

If (c) an investigation will be initiated under disciplinary and/or capability procedures.

If (d) you should be told verbally and in writing that the allegation is without foundation, and that no further action will be taken.

3. Types of Possible Investigation

Section 47 Enquires by Children's Social Care.
Criminal Investigation by The Police.
Disciplinary/capability investigation.

A disciplinary investigation is usually held in abeyance until external agency investigations are complete, unless prior agreement is reached. Whilst these investigations should be conducted as speedily as possible, they should also be balanced against the need to be thorough and fair, in line with natural justice. Statements taken in external investigations may be used in subsequent disciplinary proceedings.

4. Suspension

A decision to suspend rests solely with your employer or responsible body. Suspension is a neutral act, and should not be automatic. Where possible, the decision to suspend should be informed by the Strategy Discussion, if appropriate, and should only occur when:

A child or young person may be at risk
The allegations are so serious that dismissal for gross misconduct is possible
Suspension is necessary to allow the conduct of the investigation to proceed unimpeded

Alternatives should always be considered e.g. transfer duties, and additional supervision.

Where suspension is being considered, an interview will be normally be arranged by your employer. You have the right to be accompanied by a Trade Union representative or a friend. You are advised to seek the assistance of your Union representative. If you are suspended, one of his/her roles will be to promote your interests and raise issues that may be of concern to you.

The interview is not an examination of the evidence, but an opportunity for you to make representations concerning possible suspension.

5. Who Will be Notified?

People, including other staff, should only be told about the allegation on a ‘need to know basis’. Notification may be delayed if The Police think this could prejudice an investigation.

Those who will be told of the allegation and likely course of action include you, the child or young person concerned, his/her parent/carer, the person making the allegation, your manager, and the personnel consultant where appropriate.

If you are suspended, and a Governing Body is involved, for example in the case of a teacher, they will be given limited information so any future disciplinary process is not prejudiced.

If exceptionally the matter becomes common knowledge, particularly in the case of a school, it may be necessary to issue a brief statement, agreed by the agencies concerned, to parents, pupils and the public.

6. Support

You should be:

Advised to contact your Union representative
Given a workplace contact, if you are suspended, who will update you about normal activities. Social contact with colleagues should not be precluded unless detrimental to the investigation. The type of information and frequency of contact should be agreed, but colleagues should not comment on or discuss the investigation
Offered Staff Support/Counselling Service and / or Occupational Health support if available

This will be a stressful time and as well as your Union representative, you are strongly advised to see your GP if you think your health may be affected.

7. Return to Work

If you have been suspended and it is decided you should return to work, your Union rep can assist in negotiating and planning this return.

8. What Records will be Kept?

A summary record, to which you may add your comments, will be given to you, and kept on your personnel file until you reach normal retirement age, or for 10 years if that is longer. The LADO will also keep a central record of all allegations, with restricted access. Other agencies, if involved, will keep their own records.

Possible outcomes which will be recorded are:

Substantiated,
Unsubstantiated,
Unfounded,
Deliberately Invented

OR

Malicious.

9. The Independent Safeguarding Authority (ISA)

If you are dismissed for misconduct or otherwise considered unsuitable to work with children, or you resign but may have been dismissed if you hadn’t, or your services, if unpaid, are dispensed with, your employer must report the case to Independent Safeguarding Authority (ISA) for consideration to bar you from, or restrict future employment with, children. If referred, you will have the right to make representation. Your professional body may also be advised.

10. Alleged Criminal Offences

If there is a police investigation, you may be arrested or invited to the police station to assist with the investigation. If arrested or interviewed, you should be cautioned as follows:

“You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence”

At the police station, you will be entitled to free and independent legal advice from a duty solicitor. If you choose your own solicitor, make sure s/he specialises in criminal law. If you are not under arrest, you should be told that you are free to leave if you wish to do so.

The Custody Officer will keep a record of your detention, and explain your rights e.g. to have someone informed, to make a phone call, and to consult and read the “Code of Practice” covering treatment during detention and interview.

You can potentially be held for up to 24 hrs, but it varies from case to case. After this you must be charged or released. In more serious cases, this can be extended to 36 and 96 hours, on the authority of a Superintendent or Magistrate.

The Crown Prosecution Service (CPS) is responsible for decisions about charging and prosecution, and will be consulted early in the investigation. If you admit the offence, in some circumstances the CPS may advise that you be formally cautioned. You should seek advice from your Union/Solicitor before accepting a caution, because it may influence a decision about proceedings should you offend again. It could also affect your ability to work with children in the future, and in sexual abuse cases, you could be placed on the Sex Offenders Register.

If the CPS advise charging, this will be carried out by the custody officer. You will be released on bail to appear in court at a future date or kept in custody to appear at the next available court.

You are strongly advised to seek support and the following contacts may be helpful:

Workplace Contact
HR / Personnel
Staff Counselling
Occupational Health
Union representative

End