Allegations of Non-recent (Historical) Abuse

Allegations of child abuse or neglect are sometimes made by adults and children many years after the abuse or neglect has occurred. There are many reasons for an allegation not being made at the time including fear of reprisals, the degree of control exercised by the abuser, shame or fear that the allegation may not be believed. The person becoming aware that the abuser is being investigated for a similar matter or their suspicions that the abuse is continuing against other children may trigger the allegation.

These cases may be complex. The alleged victims may no longer be living in the situations where the incidents occurred or the alleged perpetrators may also no longer be linked to the setting or employment role. Such cases should be responded to in the same way as any other concerns. It is important to ascertain as a matter of urgency if the alleged perpetrator/s are still working with, or caring for children.

Organisational responses to allegations by an adult of abuse experienced as a child must be of as high a standard as a response to current abuse because:

• There is a significant likelihood that a person who abused a child or children in the past will have continued and may still be doing so;
• Criminal prosecutions will still take place despite the fact that the allegations are historical in nature and may have taken place many years ago.

An allegation may be made against (for example) a foster carer, residential care staff, teacher, therapist, maintenance worker, catering staff, office workers, volunteer or any other person who currently has, or previously had contact with children and young people. The alleged abuse may not have been an isolated incident. If it comes to light that the historical abuse is part of a wider setting of institutional or organised abuse, the case should be dealt with according to Allegations Against Adults (Staff or Others) Working With Children Procedure.

These allegations must be reported to the Local Authority Designated Officer (LADO) for the area in which the alleged abuse took place / where the professional worked, and the LADO procedures must be followed.

This chapter sets out the procedure to be followed in the event that a former resident  or pupil makes an allegation of abuse or neglect against the organisation.

• The responsible individual for investigating all allegations of historic abuse is the Managing Director;
• The Managing Director should be informed immediately on receipt of an allegation;
• Receipt of the allegation should be acknowledged to the complainant in writing within 48 hours;
• The Chairs of the Board, Audit & Risk and Care & Therapy committees will be informed that an allegation has been made and that this procedure has been initiated. Trustees will then be updated on progress through normal communication lines or in the event of a significant change in circumstances;
• A review of the complainant’s case or employee’s files will take place. This may be delegated to a senior manager with relevant experience;
• The case will be entered on to the electronic “Historical Complaints, Allegations, Persons of Interest and Police Investigation Register” and updated to Conclusion;
• It is essential that inter-agency communication is maintained throughout the process with all parties involved;
• If the complainant makes any allegations of a significant or criminal nature than an independent solicitor should be appointed to investigate;
• The complainant should also be advised to appoint their own solicitor and should be signposted to legal aid services;
• Under no circumstances should any member of staff contact or respond to questions from a member of the public or press in regards to allegations of historic abuse. All communications will be authorised by the Managing Director through the organisation’s Business Manager;
• All staff are expected to fully co-operate with any police or multi-disciplinary investigation which may commence as a result of an allegation;
• Should the matter proceed to court suitable legal representation will be appointed.