Allegations Against Adults (Staff or Others) Working With Children

The Home’s Registered Manager or, in their absence the Deputy Manager, is responsible for coordinating the response to Child Protection Referrals and Allegations. In situations where no member of the home’s management team are available, the On-Call Manager (On-Call Contact Number: 01303 815661) assumes responsibility.

In circumstances where the allegation is about this Manager, the Responsible Individual will carry out this function or appoint an appropriate proxy.

If the allegation is reported to someone other than the Registered Manager of the home, it is that person’s responsibility to inform the Registered Manager of the allegation and all actions taken on the Registered Manager’s return to work (e.g. when completing handover after a period of “on-call” duties or on the Registered Manager’s return from a period of annual leave.

In exceptional circumstances it may be necessary to contact the Registered Manager during periods of annual leave or absence from work. This decision will be made by the Designated Manager co-ordinating the response and/ or the Responsible Individual.

Under no circumstances should information about the concern/allegations be given to a person who is implicated or against who an allegation has been made.

If a colleague (e.g. another adult or a manager) is implicated or there are any concerns that the Designated Manager may not follow appropriate procedures, adults must report their concerns to one of the following;

• The Registered Manager, or another manager who is not implicated;
• The Designated Safeguarding Lead, Damion Napier (Care), Stacey McShane (Education);
• The Responsible Individual, Kevin Gore;
• Child’s Social Worker;
• The Regulatory Authority;
• Local Children’s Service/Duty Team;
• The NSPCC;
• The Police.

Once concerns have been reported, the adult making the report should be informed of progress and any outcomes on an on-going basis. If such information is not forthcoming, the adult is responsible for reporting the allegation to an alternative person/agency identified above prior to leaving the premises/end of shift.

The LADO/ Team of Designated Officers will advise on the actions/measures that must be taken including notifications to the following:

• The child(ren)'s Social Worker;
• The Regulatory Authority, if a Child Protection Enquiry is initiated;
• Depending on the outcome of the LADO’s recommendations or any investigation, referring the adult to the Disclosure and Barring Service;
• In consultation, make a decision about notifying parents and any actions that need to be taken to protect the child(ren) e.g. whether it is necessary to change placements.

In consultation with all the agencies (e.g. the Placing Authority, the area authority and LADO/Team of Designated Officers, relevant Social Workers and the Regulatory Authority), decisions will need to be taken in relation to the adult against who the allegation has been made. For example it may be necessary to move or suspend the adult involved or transfer them to other duties which do not involve direct contact with children or vulnerable adults, whilst any investigation is completed.

The Designated Manager will be consulted as to whom should contribute to reports and contribute to the investigation of the allegation including:

• Attending any Strategy Discussion;
• Contributing to a Child Protection Enquiry;
• Attending an Initial Child Protection Conference.

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 (where this would not place the child at further risk) 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, and manage related disciplinary or suitability processes.

Suspension is a neutral act, and it should not be automatic. It should be considered in any case where:

• There is cause to suspect a child is at risk of harm; or
• The allegation warrants investigation by the police; 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/ren involved and any other children in the accused adult's home, work or community life.

If a strategy meeting / discussion is held, attendees should discuss whether suspension is appropriate. 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 adult's contact with the child concerned, if still in the workplace.

Employers should keep a clear and comprehensive summary of the case record on a person'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 normal retirement age or for ten 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 if the person has moved on. It will provide clarification where a future DBS 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.

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

If an allegation is substantiated and the person is dismissed, the employer ceases to use the person's service or the person resigns or otherwise ceases to provide his/her services, the Designated Manager and the LADO should discuss whether a referral should be made to the Disclosure and Barring Service (DBS).

If a referral is to be made; it should be submitted within one month of the allegation being substantiated.

Where individual adults continue to have concerns about a colleague or in relation to conduct of an investigation made in response to an allegation, the Whistleblowing or Raising Concerns at Work Procedure should be followed.

The following are principles of good practice which must be adhered to when receiving/reporting concerns.

However, this guidance is not exhaustive, all adults receive training on receiving and reporting Child Protection concerns - if in doubt, they must consult the Designated Manager or another manager who is not implicated immediately.

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

Adult carers may ask questions or seek clarification regarding the allegation, 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 Local Authority Designated Officer / Team of Officers.

Adults 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, Adults must ensure that any reports are passed to an independent manager or directly to Children's Services, the Social Worker, Police or Regulatory Authority.

When an allegation is made against an adult/colleague:

Adult carers must not give absolute guarantees of confidentiality to those who report possible Significant Harm to them, but they should guarantee that the information will only be passed to the minimum number of people who need to know to ensure proper action is taken to sort the problem out.

DO:

• Listen to the child attentively;
• Maintain eye contact;
• Allow the child to talk, but don't press for information;
• Tell the child 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 told so that the abuse can stop;
• 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.

Adults must make a written record as soon as possible of what they have been told, detailing the questions they asked and the replies given and the actions taken and by whom. They must then give the report to the Manager (except any Manager who may be 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 manager dealing with the matter.

See Appendix 2: Responding to Allegations Flowchart (Kent).

See Appendix 2a: Responding to Allegations Flowchart (Nottingham).

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/ren, or that the alleged behaviour indicates that 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 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 adult 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 adult had training in managing this?
• Does the adult 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 adult 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 employee. 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 adult 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 Representations, Compliments and 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

If there is cause to suspect a child is suffering or likely to suffer significant harm, a Strategy Discussion / Meeting will be convened.

The Initial Strategy Meeting

The strategy meeting/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 protocols for sharing information;
• Consider the current allegation in the context of any previous allegations or concerns;
• Where appropriate, take account of any entitlement by adults to use reasonable force to control or restrain children;
• Consider whether a complex abuse investigation is applicable;
• Plan enquiries if needed, allocate tasks and set timescales;
• Decide what information can be shared, with whom and when.

The Strategy Meeting/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 adult and others who may be affected and how they will be kept up to date with the progress of the investigation;
• Discuss informing the child's parents of the allegation and devising a ‘communication strategy’ to ensure they are kept up to date (unless this is inappropriate). Also to consider, depending upon the nature of the allegation, whether this impacts upon any contact arrangements that are in place. (Note that where a child is subject to Section 20 Children Act 1989 the local authority do not have parental responsibility and therefore informing the parents is a requirement);
• Make recommendations where appropriate regarding suspension, or alternatives to suspension;
• Identify a lead contact manager within each agency;
• Agree protocols 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. resource implications, media interest (see also Section 3, Confidentiality);
• Consider reports for consideration of barring;
• Consider risk assessments to inform the employer's safeguarding arrangements;
• Agree dates for future strategy meetings/discussions.

Final Strategy Meeting

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 7, 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:

1. Substantiated: there is sufficient evidence to prove the allegation;
2. Malicious: there is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive;
3. False: there is sufficient evidence to disprove the allegation; however there is no evidence to suggest that there was a deliberate intention to deceive;
4. Unsubstantiated: there is insufficient evidence to either prove or disprove the allegation; the term therefore does not imply guilt or innocence;
5. Unfounded: to reflect cases where there is no evidence or proper basis which supports the allegation being made.