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The Protection of Children Standard
This chapter outlines the key responsibilities/procedures that must be followed when an allegation is made against a member of staff/Manager in the Home.
Allegations 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 an employee's home or private life which may have implications for children/young people with whom that person has contact at work or in the organisation should also be dealt with under these procedures.
This procedure should be read in conjunction with your Whistleblowing Guidance/Whistleblowing or Raising Concerns at Work.
Referring Safeguarding Concerns Procedure
Whistleblowing or Raising Concerns at Work Procedure
Working Together to Safeguard Children (Statutory Guidance)
Keeping Children Safe in Education (Statutory Guidance)
Making Barring Referrals to the DBS
In July 2023, this chapter was amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern was also added.
This guidance should be followed in relation to any allegation that a person who works in the Home has:
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/young people - 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/young people and if so, defer 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 to a child/young person, children or young people, or that the alleged behaviour indicates that the individual may pose a risk of harm to children/young people (or otherwise meet the criteria above).
Concerns that do not meet this threshold may constitute a conduct or disciplinary issue 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:
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 raised do not meet the criteria set out above a 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/young person with information on the Complaints by and On Behalf of Children 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/young person’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/young person / children/young people 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 any concerns or allegations against staff. (Note that this procedure will use the term 'Senior Manager' 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/young person’s social worker or team manager or the LADO.
The initial response to a child/young person or person reporting an allegation or concern is important. Children/young people are most likely to make a disclosure to someone they trust, so it is important that everyone working in the Home is clear about what they should do in the event of a disclosure.
The person to whom an allegation or concern is first reported should reassure the child/young person or person that they have done the right thing in making a report and explain what they will do next, including who the information will be shared with.
It is important to:
Do not:
When informed of a concern or allegation, the Senior Manager should not, at this stage, investigate the matter or interview the member of staff, the child/young person concerned or seek potential witnesses.
They should:
The Senior Manager should report the allegation to the designated officer in the local authority / LADO within 1 working day (Note the designated officer in the local authority will be further referenced as LADO). If it is outside normal working hours and there is an immediate risk to a child the Emergency Duty Team should be contacted, along with the Senior Manager on-call.
Referrals to the LADO should not be delayed in order to gather additional information. A failure to report an allegation or concern in accordance with this procedure is a potential disciplinary matter.
If the Senior Manager is concerned that there is an immediate risk to children/young people, the Police should be contacted without delay.
Where a Strategy Discussion / Meeting is needed to consider the allegation in a multi agency setting, the LADO, the Police and the child's/young person’s social worker/ or Children's Social Care will agree what information should be disclosed to the alleged perpetrator. Otherwise, the Home's Senior Manager should inform the person concerned about the allegation as soon as possible after consulting with the LADO and inform them about the likely course of action.
Additionally, when there is going to be a Strategy Discussion / Meeting, the LADO, the Police and the child's/young person’s social worker will advise on the information which can be shared with parents or carers.
The parents / carers and the child/young person, should be helped to understand the processes involved and be kept informed about the progress of the investigation 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.
The role of the LADO is to manage and oversee allegations against people who work with children/young people. 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 10, 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/young person 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 placing authority and the area authority (if different), the Police, relevant social workers and Ofsted), 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:
All other options should be considered before a decision is made to suspend a member of staff (see Section 8, Suspension).
There are up to three strands in the consideration of an allegation:
The LADO and the Senior Manager should consider first whether further details are needed and whether there is evidence or information that establishes the facts, including whether the allegation is demonstrably false.
The Senior Manager will be consulted as to who from the Home should also contribute to the investigation of the allegation including, where there are concerns of significant harm, who should attend an allegations Strategy Meeting / Discussion (see Section 5, Allegations Strategy Discussion / Meeting).
Reviews of the investigation into the concern / allegation should be conducted at monthly or fortnightly intervals depending on the complexity of the case.
Whether the concern is progressed further by the LADO or alternative routes are sought, the Senior Manager from the Home or other Senior Manager should promptly advise the child's/young person'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/young person is suffering or likely to suffer significant harm, a Strategy Discussion / Meeting will be convened.
The strategy meeting / discussion should:
The Strategy Meeting / Discussion should also:
A final strategy meeting / discussion should be held to ensure that all tasks have been completed, including any referrals to the DBS if appropriate (see Section 10, Referrals to the Disclosure and Barring Service) and, where relevant, agree an action plan for future practice based on lessons learnt.
The following definitions will be used by the LADO when determining the outcome of allegation investigations:
The Home must maintain confidentiality and guard against publicity while an allegation is being investigated or considered. Apart from keeping the child/young person, their parents / carers and accused person (where this would not place the child/young person 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/young people, facilitate enquiries, and manage related disciplinary or suitability processes.
The Home, the child's/young person’s social worker and / or Police, where they are involved, should consider the impact on the child/young person concerned and any other children/young people in the Home and provide support as appropriate. Liaison between the agencies should take place in order to ensure that the child's/young person’s needs are addressed. Note: it is important to ensure that providing children/young people with the relevant support they need does not prejudice the outcome of any other related court proceedings, e.g. criminal charges. A careful balance should be maintained and further legal advice sought if required).
The home would usually inform the parents of the children/young people involved of the allegation and the process that is being followed unless this will be detrimental to the welfare of the child/young person (where the council holds parental responsibility) or impede the disciplinary or investigative processes. The LADO can advise the employer whether or not the parents may be informed. However, in some circumstances, the parent/s may need to be told straight away (e.g. if a child/young person is injured and requires medical treatment).
The parent/s and the child/young person, if sufficiently mature, should be helped to understand the processes involved and be 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.
Following consultation with the LADO, the accused member of staff should be provided with information about the allegation and the initial actions agreed. Employers have a duty of care, and should provide effective support for anyone facing an allegation and act to manage and minimise the stress inherent in the allegations process. Any staff member who is suspended should be provided with a named contact person.
The person against whom the allegation is made should be advised to contact their 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. They should be given access to welfare counselling or medical advice where this is provided by the employer.
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:
The possible risk of harm to children/young people should be evaluated and managed in respect of the child/children/young people involved and any other children/young people in the accused person's home, work or community life.
If an Allegations Strategy Meeting / Discussion is held, attendees should discuss whether suspension is appropriate and make a recommendation. However, only the employer 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/young person 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. 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 post a risk of harm to children/young people (or would have done had the person not left first) they must ensure a referral is made to the Disclosure and Barring Service (DBS).
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 allegation being substantiated.
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/young person’s social worker should be followed.
In cases where it is identified that no significant harm or offence has been committed, the Children's/Young Person’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 Representations, Complaints and Compliments 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 Designated 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 made against 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 or another manager.
When a child / young person makes a disclosure:
Staff must not give absolute guarantees of confidentiality to those who report possible Significant Harm 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
DON'T
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/young person’s file except where a colleague is implicated or where there is any risk to the child/young person as a result, in which case notes/records should be given to the manager dealing with the matter.
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