Allegations Against Staff

This guidance should be followed in relation to any allegation that a person who works in the Home 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 they may pose a risk of harm to children; or
• Behaved or may have behaved in a way that indicates they may not be suitable to work with children.

Allegations or concerns could be received from the child / young person concerned, their parent / carer or friend, a member of staff working in the Home or another professional. Allegations in relation to a person's home or private life should also be dealt with under these procedures.

Any concerns relating to inappropriate relationships between members of staff and children or young people in our care, together with other offences or behaviour which call into question their capacity as a role model / carer for children - e.g. domestic abuse or other offending behaviour, should also be considered under these procedures.

Allegations of non-recent / historical abuse should be responded to in the same way as contemporary concerns. In such cases, it is important to find out whether the person against whom the allegation is made is still working with children and if so, refer to the LADO. Decisions regarding informing the person’s current employer or voluntary organisation should be made in consultation with the LADO. Non-recent or historical allegations of abuse should also be referred to the Police.

It might not be clear whether an incident constitutes an 'allegation'. It is important to remember that to be an allegation the alleged incident has to be sufficiently serious as to suggest that harm has or may have been caused harm to a child/ren or that the alleged behaviour indicates the individual may pose a risk of harm to children (or otherwise meet the criteria above).

Concerns that do not meet this threshold may constitute a conduct or disciplinary issues and should be addressed using the appropriate organisational procedures.

Incidents which fall short of the threshold could include an accusation that is made second or third hand and the facts are not clear, or the member of staff alleged to have done this was not there at the time; or there is confusion about the account.

If it is difficult to determine the level of risk associated with an incident the following should be considered:

• Was the incident a disproportionate or inappropriate response in the context of a challenging situation?
• Where the incident involved an inappropriate response to challenging behaviour, had the member of staff had training in managing this?
• Does the member of staff understand that their behaviour was inappropriate and express a wish to behave differently in the future? For example, are they willing to undergo training?
• Does the child or family want to report the incident to the police or would they prefer the matter to be dealt with by the employer?
• Have similar allegations previously been made against the employee – is there a pattern developing?

Whether an incident constitutes an allegation and hence needs to be dealt with through these procedures, may need to be discussed with the LADO by the manager or Responsible Individual.

Keeping Children Safe in Education (KCSIE), Part 4, Section 2 provides guidance for schools and colleges, which may be of wider interest when considering low-level concerns. Legal advice should be sought as necessary.

KCSIE provides that if there is any doubt as to whether the information which has been shared about a member of staff as a low-level concern in fact meets the harm threshold and thus should be treated as an allegation, the LADO should be consulted.

If it falls short of this threshold there may still be a role for the LADO to provide advice and support to the Home. Such a consultation process may allow for concerns to be evaluated objectively and to ascertain whether or not similar concerns may have been raised by a previous employer but not met the threshold for investigation. Whilst the LADO will only record the details of those allegations which appear to meet the threshold for consideration set out above, the employer should record the details of any low level concern that arises in respect of a member of their staff. Low-level concerns which are shared about supply staff and contractors should be notified to their employers, so that any potential patterns of inappropriate behaviour can be identified.

KCSIE provides that records should be reviewed so that potential patterns of concerning, inappropriate, problematic or concerning behaviour can be identified. Where a pattern of such behaviour is identified, a course of action should be decided upon, either through disciplinary procedures or where a pattern of behaviour moves from a low-level concern to meeting the harm threshold, it should be referred to the LADO. Records must be held securely and comply with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). It is recommended that records are retained at least until the individual leaves their employment.

More detailed guidance and case studies on low-level concerns can be found in Developing and Implementing a Low-level Concerns Policy (Farrer & Co.).

Where the matter constitutes a conduct or performance issue, the manager should follow the appropriate disciplinary procedures and let the LADO know of the outcome.

If concerns do not meet the criteria set out above the senior manager in the Home should speak to the child/young person and staff member concerned with a view to resolving the issue and establishing if there are any underlying issues which need to be addressed. It is important in such cases to provide the child with information on the Home’s Complaints Procedure, and remind them of their right to access an independent Advocate, as well as being able to speak to their allocated social worker or Independent Reviewing Officer about any concerns they have.

Such matters should be fully reported on the child’s file, including the actions of the Home.

Any allegation of abuse must be dealt with quickly and in a fair and consistent way which provides effective protection for the child / children concerned, while at the same time supporting the person who is the subject of the allegation.

The Home’s Registered Manager or, through delegation, a Senior Manager is responsible for coordinating the response to concerns or allegations against staff. (Note that from hereon in ’the term ‘Senior Manager’ will be used to reference the manager in the Home who is responsible for responding to concerns or allegations).

Where there is a lack of clarity or the Senior Manager is uncertain, they should seek an independent view from the child’s social worker or team manager, the LADO or another senior manager, such as the Head of Service.

The role of the LADO is to manage and oversee allegations against people who work with children. This includes providing advice and guidance, liaising with the Police and other agencies, resolving any inter agency issues, monitoring the progress of cases to ensure they are dealt with as quickly as possible consistent with a fair process. The LADO will also provide advice and guidance to employers in relation to making referrals to the Disclosure and Barring Service (DBS) and Ofsted (the Regulatory Authority) (see Section 11, Referrals to the Disclosure and Barring Service), and liaise with the 3 safeguarding partners.

The initial discussion between the Senior Manager from the Home and the LADO will consider the nature, content and context of the allegation and agree a course of action. The Senior Manager may be asked to provide additional information, such as previous history of the child or member of staff concerned.

The initial sharing of information and evaluation may lead to a decision that no further action is to be taken. In this instance, the decision and its reasons should be recorded by the Senior Manager in the Home and the LADO. Agreement should be reached about what the next steps should be together with the information that will be provided - in writing - to the individuals concerned. Follow up support may need to be considered for both the subject of the allegation and the child / young person.

The LADO will consult with the Senior Manager from the Home and other relevant agencies (e.g. the Police, relevant social workers, Ofsted and, where relevant, the placing authority if the child has been placed by another local authority), in order to manage and coordinate decisions which will need to be taken in relation to the member of staff against who the allegation has been made. This will include:

• Whether it is necessary to move or suspend staff, or can they be moved to other duties which do not involve direct contact with children or vulnerable adults;
• In relation to the child, whether they should move from the placement?

All other options should be considered before a decision is made to suspend a member of staff (see Section 9, Suspension).

Whether the concern is progressed further by the LADO or alternative routes are sought, the Registered Manager from the Home or other Senior Manager should promptly advise the child's social worker of the concerns and the actions that have been taken.

Ofsted (the regulatory authority) must be notified of any allegation of abuse against the Home or any person working there. See Notification of Serious Events Procedure.

If, during an inspection, Ofsted become aware of an allegation which was made but not notified to them, the Inspector may place a requirement on the Home.

If there is cause to suspect a child is suffering or likely to suffer significant harm, a strategy discussion / meeting will be convened.

The Home must maintain confidentiality and guard against publicity while an allegation is being investigated or considered. Apart from keeping the child, their parents / carers  and accused person (where this would not place the child at further risk) up to date with progress of the matter, information should be restricted to those who have a need to know in order to protect children, facilitate enquiries, and manage related disciplinary or suitability processes.

Suspension is a neutral act and it should not be an automatic response when an allegation is reported. All options to avoid suspension should be considered first.

Suspension should only be considered in those cases where:

• There is cause to suspect a child or other children are at risk of harm; or
• The allegation is so serious that it might be grounds for dismissal.

The possible risk of harm to children should be evaluated and managed in respect of the child/children involved and any other children in the accused person’s home, work or community life.

Where an Allegations Strategy Meeting is held, attendees should discuss whether suspension is appropriate and consider a recommendation. However, only the employer, however, has the power to suspend an accused employee.

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 they are still in the Home.

Details of allegations that are found to be malicious should be removed from HR records.

Employers should keep a clear and comprehensive summary of the allegation, how it was followed up and resolved. A note of any action taken and decisions made should be kept in the person’s confidential HR record, and a copy given to the individual. The record should be kept at least until the person reaches normal retirement age or for 10 years if longer.

The purpose of the record is to enable accurate information to be given in response to any future request for a reference. It will provide clarification where a future DBS request reveals information from the Police about an allegation which did not result in conviction, and will help to prevent unnecessary reinvestigation if an allegation re-surfaces after a period of time. A separate record is held by the LADO.

Please note - while the Independent Inquiry into Child Sexual Abuse (IICSA) is on-going, organisations have been asked to retain any and all documents; correspondence; notes; emails and all other information – however held – which contain or may contain content pertaining directly or indirectly to the sexual abuse of children or to child protection and care.

If an allegation is substantiated and, the Senior Manager removes the individual from work because they consider that they pose a risk of harm to children (or would have done had the person not left first) they must ensure a referral is made to the Disclosure and Barring Service (DBS) for them to consider whether to add the individual to the barred list. It is an offence to fail to make a referral without good reason.

If a referral is to be made; it should be submitted within 1 month of the conclusion of any LADO investigation.

For the latest guidance on Making Referrals to the Disclosure and Barring Service, please see the GOV.UK website.

Where individual staff continue to have concerns about a colleague or in relation to conduct of an investigation made in response to an allegation, they should consider the Home’s Whistleblowing Procedure, Ofsted, Reporting Concerns and Whistleblowing about Children’s Social Care Services or contact the child’s social worker

In cases where it is identified that no significant harm or offence has been committed, the Children’s Home may still wish to consider disciplinary proceedings against staff.

Where the concerns have not warranted further investigation under these procedures, other routes may be identified as more appropriate at this stage, for example, the complaints process (see Complaints Procedure).

Additional Training for the staff member should also be considered as appropriate.

The following are principles of good practice when receiving/reporting concerns

However, this guidance is not exhaustive, all staff should have training on receiving and reporting safeguarding and child protection concerns - if in doubt, staff must consult the senior manager or another manager who is not implicated immediately.

When an allegation is made against a staff member / colleague:

Staff may ask questions or seek clarification regarding any allegation reported to them, but they may not take any actions to investigate or in any way make judgements about what is reported to them. Investigations or enquiries, if necessary, will be led by the LADO.

Staff must not inform or discuss concerns/allegations with any person who is alleged or reported to be the perpetrator, including any colleague/manager. If a manager is implicated, staff must ensure that any reports are passed to their line manager (e.g. Head of Service or other covering manager).

When a child / young person makes a disclosure:

Staff must not give absolute guarantees of confidentiality to those who report possible allegations to them, but they should explain that the information will only be passed to the minimum number of people who need to know to ensure proper action is taken in response to the concern.

DO

• Give the child your full attention and demonstrate that you are both listening and hearing them, e.g. put a sign on the door; stop telephone calls etc.
• Ask them if you can take some brief notes (key phrases, short specific detail only) whilst they are talking – but don’t allow this to interfere with the ‘listening process’;
• Maintain eye contact;
• Allow the child to talk, but don't press for information;
• Tell the child throughout that they are not to blame for anything that has happened;
• Reassure the child that they were right to tell;
• Let the child know that other people will have to be informed;
• Try to explain in a way that the child can understand.

DON'T

• Promise to keep secrets;
• Make any promises you can't keep;
• Interrogate the child or ask leading questions;
• Cast doubt on what they have said;
• Make the child feel responsible for what's happened;
• Show anger;
• Panic and act hastily (it's unlikely to be a life threatening situation);
• Gossip about what you have been told;
• Talk to the alleged abuser.

Staff must make a written record as soon as possible of what they have been told, detailing the questions they asked and the replies. They must then give the report to the Senior Manager (unless they are implicated).

The record should be placed on the child's file except where a colleague is implicated or where there is any risk to the child as a result, in which case notes/records should be given to the Senior Manager dealing with the matter.