3.2 Allegations Against Staff, Carers and Volunteers |
Acknowledgement to Norfolk and Sussex Procedures.
RELEVANT GUIDANCE
- Guidance for Adults Facing an Allegations of Child Abuse At Work;
- Guidance for Managers attending MASM's (Managing Allegations Strategy/Evaluation Meetings);
- Guidance on Giving and Receiving Information on Allegations in References;
- Risk Assessment for Suspension - Pro Forma;
- Risk by Association Employee Assessment - Pro Forma;
- Summary of Child Protection Allegation/Concern to be kept on Personnel File.
In addition, see Guidance on Sharing Information Sharing for with Employers, which is accessible via the 'guidance and protocols' button in the menu at the left hand side of the page.
AMENDMENTS
Section 3, Scope; Section 8, Suspension and Section 20, Record Keeping were revised in October 2011 having regard to the DfE statutory guidance 'Dealing with Allegations of Abuse Against Teachers and Other Staff', which was published in August 2011, and applies to teachers and staff (including volunteers) in a school or FE college that provides education for children under 18).
Contents
- Diversity Statement
- Purpose
- Scope
- Roles and Responsibilities
- General Considerations Relating to Allegations and Concerns of Abuse
- Confidentiality
- Support
- Suspension
- Resignations and "Compromise Agreements"
- Organised and Historical Abuse
- Whistle-Blowing
- Timescales
- Initial Action on Identifying on Receiving or Identifying an Allegation or Concern
- Initial Action by the Designated Senior Manager
- Initial Consideration by the Designated Senior Manager and the Local Authority Designated Person
- Strategy Discussions
- Allegations Against Staff in their Personal Lives
- Disciplinary Process
- Sharing Information for Disciplinary Purposes
- Record Keeping
- Monitoring Progress
- Outcomes
- Referral to the Independent Safeguarding Authority (ISA) and Regulatory or Professional Bodies
- Learning Lessons
- Procedures in Specific Organisations
Flowchart: Allegations/Concerns Against Staff and Volunteers Child Protection Process
Flowchart: Allegations/Concerns Against Staff and Volunteers Disciplinary/Suitability Process
1. Diversity Statement
The Surrey Local Safeguarding Children Board (SSCB) is bound by the provision and spirit of the relevant legislation and all of its work is informed by a commitment to the promotion of diversity. All constituent agencies are required to ensure that their services are equally underpinned by such commitment.
The SSCB believes that the welfare of children is of paramount concern, and that their individual needs and rights should be respected.
Those working with children should be sensitive to the diversity of children’s circumstances and backgrounds (e.g. in respect of their age, gender, physical and mental ability, ethnicity, culture and religion, language, sexual orientation and socio-economic status).These principles underpin all SSCB policies, procedures and training.
The SSCB will use its influence to promote these principles and will seek wherever possible, both in its own work and that of its partner agencies, to eliminate discrimination, harassment and attacks on any group or individual.
We will monitor the effectiveness of our work, and that of partner agencies, in these areas, and continuously seek to improve our performance.
These ideals are supported by the principles underpinning work to safeguard and promote the welfare of children set out in Working Together to Safeguard Children 2010, Chapter 5 and Appendix 5.
2. Purpose
This procedure lays out the locally agreed arrangements for the implementation of the mechanisms set out in Working Together to Safeguard Children 2010 (Appendix 5) for responding to allegations against staff, carers and volunteers who work with children.
The aim of the procedure is to afford greater safeguarding to children with regards to those working with them and to allow for allegations and concerns to be dealt with expeditiously, fairly and thoroughly and for unnecessary delays to be avoided.
The arrangements detailed within this procedure form part of SSCB member agencies’ spectrum of responsibilities in respect of safer recruitment, safer working practices and safer management of allegations and concerns with regards to the children’s workforce.
For the purposes of this procedure the following definitions apply:
- A child is anyone under the age of 18;
- An employee is anyone working with children, be it in an employed (all sectors and settings) or voluntary capacity, including carers;
- An employer is anyone working with or providing services to children (all sectors and settings).
3. Scope
These procedures are based on the framework for dealing with allegations and concerns of abuse made against a person who works with children, detailed in Chapter 6 and Appendix 5 of Working Together to Safeguard Children 2010. They should be followed by all organisations providing services for children and staff or volunteers who work with or care for children.
Compliance with these procedures will help to ensure that allegations of abuse are dealt with expeditiously, consistent with a thorough and fair process. The SSCB will put in place arrangements for monitoring and evaluating their effectiveness.
These procedures should be applied when there is an allegation or concern that any person who works with children, in connection with his/her employment or voluntary activity, has:
- Behaved in a way that has harmed a child, or may have harmed a child;
- Possibly committed a criminal offence against or related to a child;
- Behaved towards a child or children in a way that indicates s/he is unsuitable to work with children*.
*In relation to teachers and staff (including volunteers) in a school or FE college that provides education for children under 18, the third bullet point should be amended to read 'behaved towards a child or children in a way that indicates that he or she would pose a risk of harm if they work regularly or closely with children.' (This amendment arises as a result of the DfE statutory guidance 'Dealing with Allegations of Abuse Against Teachers and Other Staff', which was published in August 2011.
Whilst some behaviours may not constitute a criminal offence, and some may not reach the threshold of Significant Harm, consideration will need to be given as to whether they may indicate unsuitability to work with children. Any such behaviour should be considered within the context of the four categories of abuse i.e. physical, sexual and emotional abuse and neglect. These include concerns relating to inappropriate relationships between members of staff and children or young people e.g.:
- Having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual (Section 16 to 19, Sexual Offences Act 2003);
- ‘Grooming’ (Section 15 Sexual Offences Act 2003) i.e. meeting a child under 16 with intent to commit a relevant offence;
- Other ‘grooming’ behaviour giving rise to concerns of a broader child protection nature e.g. inappropriate text/ e-mail messages or images, gifts, socialising etc.;
- Possession of indecent photographs/pseudo-photographs of children.
Reference may be made to the DfES/AMA “Guidance for Safe Working Practice for Adults who work with Children and Young People” and “Guidance for Safer Working Practice for Adults who Work with Children and Young People in Education Settings” March 2009, which are conduct guidance documents designed for staff at induction.
All references in this document to ‘members of staff’ should be interpreted as meaning all staff, whether they are in a paid or unpaid capacity.
4. Roles and Responsibilities
See Flowchart: Allegations/Concerns Against Staff and Volunteers Child Protection Process.
Each SSCB member organisation should identify a Named Senior Officer with overall responsibility for:
- Ensuring that the organisation deals with allegations in Accordance with these procedures;
- Resolving any inter-agency issues;
- Liaising with the SSCB on the subject.
Surrey Children’s Services has, Local Authority Designated Officer(s) (LADO(s)) to:
- Be involved in the management and oversight of individual cases;
- Provide advice and guidance to employers and voluntary organisations;
- Liaise with the The Police and other agencies;
- Monitor the progress of cases to ensure that they are dealt with as quickly as possible consistent with a thorough and fair process.
Surrey SSCB partner agencies and all employers of adults who work with children should designate:
- A senior manager to whom allegations or concerns should be reported;
- A deputy to whom reports should be made in the absence of the designated senior manager or where that person is the subject of the allegation or concern.
The Detective Superintendent Public Protection, Surrey Police will:
- Have strategic oversight of the local police arrangements for managing allegations against staff and volunteers;
- Liaise with SSCB on the issue;
- Ensure compliance.
Each Surrey Police Public Protection Investigation Unit has a Detective Inspector (or designated deputy) to:
- Liaise with the LADO;
- Take part in Strategy Discussions;
- Review the progress of cases in which there is a Police investigation;
- Share information as appropriate, on completion of an investigation or related prosecution.
5. General Considerations Relating to Allegations and Concerns of Abuse
Persons to be Notified
As soon as possible after an allegation is made or a concern of suitability is raised, the employer should inform the parent(s) or carer(s) of the child/ren involved. The LADO should be consulted first to ensure that this does not impede the disciplinary or investigative processes. In some circumstances, however, the parent(s)/carer(s) may need to be told straight away e.g. if a child is injured and requires medical treatment.
The parent(s)/carer(s) and the child, if sufficiently mature, should be helped to understand the processes involved and kept informed about the progress of the case and of the outcome where there is no criminal prosecution. This will include the outcome of any disciplinary process, but not the deliberations of, or the information used in, a hearing.
Advice should first be sought from the LADO as The Police and/or Children’s Services may want to impose restrictions on the information that can be provided. However, the principle is that the employer should, as soon as possible, inform the accused person about the nature of the allegation, how enquiries will be conducted and the possible outcome e.g. disciplinary action, and dismissal or referral to the Independent Safeguarding Authority and or regulatory body.
The member of staff should:
- Be treated fairly and honestly and helped to understand the concerns expressed and processes involved;
- Be kept informed of the progress and outcome of any investigation and the implications for any disciplinary or related process;
- if suspended, be kept up to date about events in the workplace.
In all cases the relevant regulatory body for the setting should be informed of the allegation and the outcome.
6. Confidentiality
Every effort should be made to maintain confidentiality and guard against publicity while an allegation is being investigated or considered. Apart from keeping the child, parents and accused person up to date with progress of the case, information should be restricted to those who have a need to know in order to protect children, facilitate enquiries, manage related disciplinary or suitability processes.
The Police should not provide identifying information to the press or media, unless and until a person is charged, except in exceptional circumstances e.g. an appeal to trace a suspect. In such cases, the reasons should be documented and partner agencies consulted beforehand.
7. Support
The employer, together with Children’s Services and/or The Police where they are involved, should consider the impact on the child concerned and provide support as appropriate. Liaison between the agencies should take place in order to ensure that the child’s needs are addressed.
As soon as possible after an allegation has been received, the accused member of staff should be advised to contact his/her Trade's Union or Professional Association. Human Resources should be consulted at the earliest opportunity in order that appropriate support can be provided via the organisation’s occupational health or employee welfare arrangements.
8. Suspension
Suspension is a neutral act and it should not be automatic or considered as a default option. It should be considered in any case where:
- There is cause to suspect a child is at risk of Significant Harm; or
- The allegation warrants investigation by the police; or
- The allegation is so serious that it might be grounds for dismissal.
The employer should consider alternatives to suspension where possible. Refraining by agreement from work for a very brief period, or being redeployed to other duties so as not to come into contact with one or more children, may be acceptable.
A form to record a risk assessment for suspension is available (see Risk Assessment for Suspension Form).
If suspension is deemed appropriate, the reasons and justification should be recorded and the individual notified of the reasons.
A leaflet is available to give to the person alleged against, where matters are serious enough to require suspension.If a Strategy Discussion is to be held or if Children’s Services and/or The Police are to make enquiries, the LADO should canvass their views on suspension and inform the employer. Only the employer, however, has the power to suspend an accused employee and they cannot be required to do so by the local authority or The Police.
If a suspended person is to return to work, the employer should consider what help and support might be appropriate e.g. a phased return to work and/or provision of a mentor, and also how best to manage the member of staff’s contact with the child concerned, if still in the workplace.
The possible risks to children should be evaluated and managed in respect of the child/ren involved and any other children in the accused member of staff’s home, work or community life.
If the child also lives with the member of staff, for example in situations such as foster care or boarding school then the welfare of the child should be considered paramount and the risk managed in a way which ensures the minimum disruption, and encourages placement stability, but maximises the protection of child(ren).
9. Resignations and "Compromise Agreements"
Every effort should be made to reach a conclusion in all cases even if:
- The individual refuses to cooperate, having been given a full opportunity to answer the allegation and make representations;
- It may not be possible to apply any disciplinary sanctions if a person’s period of notice expires before the process is complete.
“Compromise agreements” must not be used i.e. where a member of staff agrees to resign provided that disciplinary action is not taken and that a future reference is agreed.
10. Organised and Historical Abuse
Investigators should be alert to signs of organised or widespread abuse and/or the involvement of other perpetrators or institutions. They should consider whether the matter should be dealt with in accordance with Complex (Organised or Multiple) Abuse Procedure which, if applicable, will take priority.
Historical allegations should be responded to in the same way as contemporary concerns. It will be important to ascertain if the person is currently working with children and if that is the case, to consider whether the current employer should be informed.
11. Whistle-Blowing
All organisations should have in place a whistle-blowing procedure.
All staff should be made aware of the organisation’s whistle-blowing policy and feel confident to voice concerns about the attitude or actions of colleagues.
If a member of staff believes that a reported allegation or concern is not being dealt with appropriately by their organisation, he/she should report the matter to the LADO.
12. Timescales
It is in everyone’s interest for cases to be dealt with expeditiously, fairly and thoroughly and for unnecessary delays to be avoided. The target timescales provided in these procedures are realistic in most cases, but some cases will take longer because of their specific nature, or complexity.
In evaluating the effectiveness of local procedures, LSCB's are advised that it is reasonable to expect that 80% of cases should be resolved within one month, 90% within three months, and that all but the most exceptional cases should be resolved within twelve months.
13. Initial Action on Identifying on Receiving or Identifying an Allegation or Concern
An allegation against a member of staff may arise from a number of sources e.g. a report from a child, a concern raised by another adult in the organisation, or a complaint by a parent or carer.
The person to whom an allegation or concern is first reported should treat the matter seriously and keep an open mind.
He/she should not:
- Investigate or ask leading questions if seeking clarification;
- Make assumptions or offer alternative explanations;
- Promise confidentiality, but give assurance that the information will only be shared on a ‘need to know’ basis.
He/she should:
- Make a written record of the information (where possible in the child/adult’s own words), including the time, date and place of incident(s), persons present and what was said;
- Sign and date the written record;
- Immediately report the matter to the designated senior manager, or deputy in his/her absence or where the senior manager is the subject of the allegation.
14. Initial Action by the Designated Senior Manager
If the allegation meets the criteria in Section 3, Scope the designated senior manager must report it to the LADO within one working day. Referral should not be delayed in order to gather information and a failure to report an allegation or concern in accordance with procedures is a potential disciplinary matter.
When informed of a concern or allegation, the designated senior manager should not investigate the matter or interview the member of staff, child concerned or potential witnesses. He/she should:
- Obtain written details of the concern/allegation, signed and dated by the person receiving (not the child/adult making the allegation);
- Countersign and date the written details;
- Record any information about times, dates and location of incident(s) and names of any potential witnesses;
- Record discussions about the child and/or member of staff, any decisions made, and the reasons for those decision.
If an allegation requires immediate attention, but is received outside normal office hours, the designated senior manager should consult the Children’s Services Emergency Duty Team or the local Police and inform the LADO as soon as possible.
If a Police officer receives an allegation, s/he should, without delay, report it to the designated Detective Sergeant on the Public Protection Investigation Unit. The Detective Sergeant should then immediately inform the LADO.
Similarly an allegation made to Children’s Services should be immediately reported to the LADO.
The Designed Senior Manager, in consultation with the LADO, will need to decide whether the allegation or concern requires the person to be suspended, or otherwise deployed, while matters are investigated. See Section 8, Suspension.
15. Initial Consideration by the Designated Senior Manager and the Local Authority Designated Person
There are up to 3 strands in the consideration of an allegation:
- A Police investigation of a possible criminal offence;
- Children’s Services enquiries and/or assessment about whether a child is in need of protection or services;
- Consideration by an employer of disciplinary action.
The LADO and designated senior manager should consider first whether further details are needed and whether there is evidence or information that establishes that the allegation is false or unfounded. Care should be taken to ensure that the child is not confused as to dates, times, locations or identity of the member of staff. At this consultation stage, the LADO’s advice will be confirmed back to the designated senior manager by the use of the consultation record.
If the allegation is not demonstrably false and there is cause to suspect that a child is suffering or is likely to suffer Significant Harm, the LADO should refer to Children’s Services and ask them to convene an immediate strategy discussion.
The Police must be consulted about any case in which a criminal offence may have been committed. If the threshold for Significant Harm is not reached, but a police investigation might be needed, the LADO should immediately inform the police and convene an initial evaluation (similar to Strategy Discussion), to include The Police, employer and other agencies involved with the child.
References in this document to ‘Strategy Discussions’ should be read to include ‘initial evaluations’ where appropriate.
16. Strategy Discussions
Wherever possible, a Strategy Discussion should take the form of a meeting, but on occasions a telephone discussion may be justified. The following is a list of possible participants (anyone implicated, or potentially implicated in the allegation should not be involved):
- The LADO;
- Children’s Services Assessment Team Manager to chair (if a Strategy Meeting);
- Relevant social worker and his/her manager;
- Detective Inspector or Sergeant;
- Designated senior manager for the employer concerned;
- Human Resources representative;
- Legal adviser where appropriate;
- Senior representative of the employment agency or voluntary organisation if applicable;
- Manager from the Fostering Service Provider when an allegation is made against a foster carer;
- Supervising social worker when an allegation is made against a foster carer;
- Those responsible for regulation and inspection where applicable (e.g. Ofsted, Sports Governing Body etc.);
- Health representative, where appropriate;
- Where a child is placed or resident in the area of another authority, representative(s) of relevant agencies in that area;
- Complaints officer if the concern has arisen from a complaint.
The Strategy Discussion should:
- Decide whether there should be a Section 47 Enquiry and/or Police investigation and consider the implications;
- Consider whether any parallel disciplinary process can take place and agree procedures for sharing information;
- Consider the current allegation in the context of any previous allegations or concerns;
- Where appropriate, take account of any entitlement by staff to use reasonable force to control or restrain children e.g. Section 93 Education and Inspection Act 2006 in respect of teachers and authorised staff (reference may be made to the Surrey Joint Services Policy and guidance on “Touch and the use of restrictive physical intervention when working with children and young people” 2010);
- Consider whether a complex abuse investigation is applicable (see Complex (Organised or Multiple) Abuse Procedure);
- Plan enquiries if needed, allocate tasks and set time-scales;
- Decide what information can be shared, with whom and when.
The Strategy Discussion should also:
- Ensure that arrangements are made to protect the child/ren involved and any other child/ren affected, including taking emergency action where needed;
- Consider what support should be provided to all children who may be affected;
- Consider what support should be provided to the member of staff and others who may be affected;
- Ensure that investigations are sufficiently independent;
- Make recommendations where appropriate regarding suspension, or alternatives to suspension;
- Identify a lead contact manager within each agency;
- Agree procedures for reviewing investigations and monitoring progress by the LADO, having regard to the target timescales;
- Consider issues for the attention of senior management e.g. media interest, resource implications;
- Consider reports for consideration of barring;
- Consider risk assessments to inform the employer’s safeguarding arrangements;
- Agree dates for future strategy discussions.
A final Strategy Discussion should be held to ensure that all tasks have been completed and, where appropriate, agree an action plan for future practice based on lessons learnt.
17. Allegations Against Staff in their Personal Lives
If an allegation or concern arises about a member of staff, outside of his/her work with children, and this may present a risk to child/ren for whom the member of staff is responsible, the general principles outlined in these procedures will still apply.
The Strategy Discussion should decide whether the concern justifies:
- Approaching the member of staff’s employer for further information, in order to assess the level of risk; and/or
- Inviting the employer to a further Strategy Discussion about dealing with the possible risk.
If the member of staff lives in a different authority area to that which covers his/her workplace, liaison should take place between the relevant agencies in both areas and a joint Strategy Discussion convened.
In some cases, an allegation of abuse against someone closely associated with a member of staff e.g. partner, member of the family, or other household member, may present a risk to child/ren for whom the member of staff is responsible. In these circumstances, a Strategy Discussion should be convened to consider:
- The ability and/or willingness of the member of staff to adequately protect the child/ren;
- Whether measures need to be put in place to ensure their protection;
- Whether the role of the member of staff is compromised - A format is available in this case for the employer to complete with their personnel consultant and with advice from the LADO. Click here to view the ' Risk by Association Employee Assessment - Pro Forma'.
18. Disciplinary Process
Disciplinary or Suitability Process and Investigations
See Flowchart: Allegations/Concerns Against Staff and Volunteers Disciplinary/Suitability Process.
The LADO and the designated senior manager should discuss whether disciplinary action is appropriate in all cases where:
- It is clear at the outset or decided by a Strategy Discussion that a Police investigation or Children’s Services enquiry is not necessary; or
- The employer or LADO is informed by The Police or the Crown Prosecution Service that a criminal investigation and any subsequent trial is complete, or that an investigation is to be closed without charge, or a prosecution discontinued.
The discussion should consider any potential misconduct or gross misconduct on the part of the member of staff, and take into account:
- Information provided by The Police and/or Children’s Services;
- The result of any investigation or trial;
- The different standard of proof in disciplinary and criminal proceedings.
In the case of supply, contract and volunteer workers, normal disciplinary procedures may not apply. In these circumstances, the LADO and employer should act jointly with the providing agency, if any, in deciding whether to continue to use the person’s services, or provide future work with children, and if not, whether to make a report for consideration of barring or other action.
If formal disciplinary action is not required, the employer should institute appropriate action within 3 working days. If a disciplinary hearing is required, and further investigation is not required, it should be held within 15 working days.
If further investigation is needed to decide upon disciplinary action, the employer and the LADO should discuss whether the employer has appropriate resources or whether the employer should commission an independent investigation because of the nature and/or complexity of the case and in order to ensure objectivity. The investigation should not be conducted by a relative or friend of the member of staff.
The aim of an investigation is to obtain, as far as possible, a fair, balanced and accurate record in order to consider the appropriateness of disciplinary action and/or the individual’s suitability to work with children. Its purpose is not to prove or disprove the allegation.
If, at any stage, new information emerges that requires a child protection referral, the investigation should be held in abeyance and only resumed if agreed with Children’s Services and Police. Consideration should again be given as to whether suspension is appropriate in light of the new information.
The investigating officer should aim to provide a report within 10 working days.
On receipt of the report the employer should decide, within 2 working days, whether a disciplinary hearing is needed. If a hearing is required, it should be held within 15 working days.
19. Sharing Information for Disciplinary Purposes
Wherever possible The Police and Children’s Services should, during the course of their investigations and enquiries, obtain consent to provide the employer and/or regulatory body with statements and evidence for disciplinary purposes.
If The Police or CPS decide not to charge, or decide to administer a caution, or the person is acquitted, the police should pass all relevant information to the employer without delay.
If the person is convicted, The Police should inform the employer and the LADO straight away so that appropriate action can be taken.
20. Record Keeping
Employers should keep a clear and comprehensive summary of the case record on the subject’s confidential personnel file and give a copy to the individual. The record should include details of how the allegation was followed up and resolved, the decisions reached and the action taken. It should be kept at least until the person reaches retirement age or for 10 years if longer.
Details of allegations that are found to be malicious should be removed from personnel records.
The purpose of the record is to enable accurate information to be given in response to any future request for a reference if the person has moved on. It will provide clarification where a future CRB request reveals non convicted information, and will help to prevent unnecessary reinvestigation if an allegation re surfaces after a period of time. In this sense it may serve as a protector to the individual themselves, as well as in cases where substantiated allegations need to be known about to safeguard future children.
See form - Summary of Child Protection Allegation/Concern to be Placed on Personnel File/kept by the Agency.
See Guidance on Giving and Receiving Information on Allegations in References.
21. Monitoring Progress
The LADO should monitor and record the progress of each case, either fortnightly or monthly depending on its complexity. This could be by way of review strategy/evaluation discussions or direct liaison with the police, Children’s Services, or employer, as appropriate. Where the target timescales cannot be met, the LADO should record the reasons.
The LADO should keep comprehensive records in order to ensure that each case is being dealt with expeditiously and that there are no undue delays. The records will also assist the SSCB to monitor and evaluate the effectiveness of the procedures for managing allegations and provide statistical information to the Department for Education as required.
If a Police investigation is to be conducted, the Police should set a date for reviewing its progress and consulting the CPS about continuing or closing the investigation or charging the individual. Wherever possible, this should be no later than 4 weeks after the Strategy Discussion. Dates for further reviews should also be agreed, either fortnightly or monthly depending on the complexity of the investigation.
22. Outcomes
At the completion of Section 47 Enquiries and Police investigations, a further strategy/evaluation meeting should be held to ensure all tasks have been completed, and to agree the wording of an outcome to be provided, as part of the Summary Outcome Record, and recorded where applicable by The Police. The following categories apply:
- Substantiated - a substantiated allegation is one which is established by evidence or proof;
- Unsubstantiated - an unsubstantiated allegation is not the same as a false allegation. It simply means that there is insufficient identifiable evidence to prove or disprove the allegation. The term, therefore, does not imply guilt or innocence;
- Unfounded - this indicates that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively they may not have been aware of all the circumstances. For an allegation to be classified as unfounded, it will be necessary to have evidence to disprove the allegation;
- Deliberately invented or malicious - this means there is clear evidence to prove there has been a deliberate act to deceive and the allegation is entirely false.
Actions in Respect of Unsubstantiated and False Allegations
Where it is concluded that there is insufficient evidence to substantiate an allegation, the designated senior manager or employer should consider what further action, if any, should be taken, based on the views expressed at the strategy/evaluation meeting.False allegations are rare and may be a strong indicator of abuse elsewhere which requires further exploration. If an allegation is demonstrably false, the employer, in consultation with the LADO, should consider referring the matter to Children Services to determine whether the child is in need of services, or protection.
If it is established that an allegation was malicious, The Police should be asked to consider what action might be appropriate.
23. Referral to the Independent Safeguarding Authority (ISA) and Regulatory or Professional Bodies
If the allegation is substantiated and the subject is dismissed or the employer ceases to use the subject’s services, or the person resigns or otherwise ceases to provide his/her services, the LADO should discuss with the employer whether a referral should be made to the Independent Safeguarding Authority (ISA).
If a referral is to be made to the ISA, it should be submitted within 1 month.
24. Learning Lessons
The employer and the LADO should review the circumstances of the case to determine whether there are any improvements to be made to the organisation’s procedures or practice. Where appropriate this should include agreement to an action plan for future practice based on lessons learned.
The LADO will report to the SSCB and the Department for Education as required in order to ensure that lessons learnt can inform practice and training developments.
25. Procedures in Specific Organisations
It is recognised that many organisations will have their own procedures in place, some of which may need to take into account particular regulations and guidance e.g. schools and registered child care providers. Where organisations do have specific procedures, they should be compatible with these procedures and additionally provide the contact details for:
- The designated senior manager to whom all allegations should be reported;
- The person to whom all allegations should be reported in the absence of the designated senior manager or where that person is the subject of the allegation;
- The Local Authority Designated Officer (LADO).
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