6.2 Allegations Against Persons who Work with Children

This chapter was updated in June 2010 to take account of the increased role of the Independent Safeguarding Authority.

Scope
Key Roles and Responsibilities
Responding to Allegations
Initial Considerations
Direct Referrals to the Police/Children's Social Care Services
Cross Boundary Issues
Providing Information about the Allegation
Action
Suspension
Resignations and Compromise Agreements
Strategy Meeting
Post Investigation
Confidentiality and Record Keeping
Action Following a Criminal Investigation or a Prosecution
Learning Lessons
Flowcharts

1. Scope

All allegations of abuse of children by those who work with children must be taken seriously.

Allegations against people, who work with children, whether in a paid or unpaid capacity, cover a wide range of circumstances.

The scope of this inter agency procedure is not limited to allegations involving significant harm or risk of Significant Harm to a child. The procedure should be applied in all situations where it is alleged that a person who works with children has:

Behaved in a way which 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 which indicates that he/she is unsuitable to work with children

This includes allegations where it might indicate that the person is unsuitable to continue to work with children in their current position.

The allegations may relate to the persons behaviour at work, at home or in another setting.

It may concern, for example, a paid employee, unpaid volunteer, childminder, approved foster carer or prospective adopter.

In the context of this procedure, the term “employer” means the organisation that has a working relationship with the person against whom the allegation has been made and includes voluntary organisations, employment agencies, fostering services, child minder services, youth clubs and others; ref. Working Together Appendix 5.

Allegations of 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, to inform the persons current employer or voluntary organisation or refer their family for assessment.

Where concerns arise about a persons behaviour in relation to their own children, the Police and Children’s Social Care Services need to consider informing the persons employer in order to assess whether there may be implications for children with whom the person has contact at work, in which case this procedure will apply.

2. Key Roles and Responsibilities

2.1 Local Authority Designated Officers

The Local Authority must appoint a Designated Officer(s) (LADO) whose responsibilities are:

To be involved in the management and oversight of individual cases from all partner agencies of the LSCB which fall within this procedure
To provide advice and guidance to employers and voluntary organisations
To provide advice and guidance to Senior Managers (see Section 2.3, Senior Manager) about the operation of this procedure
To liaise with the Police and other agencies
To monitor the progress of cases - to ensure that they are dealt with as quickly as possible within set timescales and consistent with a thorough and fair process and
To keep records of all advice given, actions taken and decisions made
To maintain information databases in relation of all allegations and produce qualitative and quantitative reports for the LSCB and DCSF
Chairing Strategy Meetings and liaising with chairs of Strategy Meetings (if not chairing) (see Section 11, Strategy Meetings)
To contribute to LSCB inter agency training programmes and awareness raising across all agencies
To provide assistance to agencies in the discussion regarding suspension (the power to suspend is vested in the employer alone)
To liaise with the Police and the Crown Prosecution Service
To discuss with the Senior Manager the possibility of referral to List 99 or the PoCA List (Protection of Children Act 1999) or to the appropriate Regulatory Authority (see Section 14, Action Following a Criminal Investigation or a Prosecution)

2.2 Named Senior Officer

Each member agency of the West Yorkshire Consortium Safeguarding Children Boards must appoint a Named Senior Officer to have overall responsibility for ensuring that their agency operates procedures for dealing with allegations against those who work with children in accordance with the guidance set out in Appendix 5 of Working Together to Safeguard Children, resolving inter agency issues and liaising with the local Safeguarding Children Boards on the subject.

The responsibilities of the Named Senior Officer include:

Ensuring that their organisation complies with the standards identified and agreed by the LSCB for managing allegations as outlined within the Working Together to Safeguard Children 2010
Ensuring that this LSCB procedure for managing allegations is reflected and implemented within their own agency procedure
Ensuring that the work force is aware of and implements this procedure in relation to all allegations against those who work with or on behalf of children
Ensuring that the organisation has systems in place to review cases and identify and implement any changes, therefore improving procedures and practice
Resolving any inter-agency issues which impede the implementation of LSCB procedures
Ensuring that the key roles of Named Senior Officer, Local Authority Designated Officer and Senior Manager (employer) are reflected in their agency policy and procedure
Ensuring that effective reporting and recording arrangements within their agencies are in place

2.3 Senior Manager

Each employer must appoint a Senior Manager who has overall responsibility for ensuring that this procedure is followed at an operational level. This person may be, or may represent, the employer.

The responsibilities of the Senior Manager include:

Ensuring that this procedure is properly applied and implemented
Providing advice, information and guidance for staff within the organisation
Being the senior manager within the organisation to whom all allegations or concerns are reported
Liaising with the Local Authority Designated Officer (LADO) as required under this procedure
Referring allegations in accordance with the organisations and this procedure
Gathering any additional information which may have a bearing on the allegation e.g. previous known concerns, care and control incidents, etc.
Providing the subject of the allegation with information and advising them to inform their union or professional body
Should the allegation be unfounded, considering, in consultation with the LADO, the need to make a referral to Children’s Social Care Services for support or to the Police if the allegation is deemed to be deliberately malicious or invented
Attending Strategy Meetings where required (see Section 11, Strategy Meeting)
Liaising with Human Resources where the employers disciplinary action is required
Ensuring that risk assessments are undertaken where and when required
Ensuring that effective reporting and recording systems are in place which allow for the tracking of allegations through to the final outcome
Undertaking appropriate checks with data the agency may hold
Providing reports and information as required by the Named Senior Officer
Raising the awareness of the need to empower children and young people who are in vulnerable positions by ensuring their agency produce good whistle blowing and complaints procedures for all children
Ensuring appropriate and relevant training programmes are in place for and accessed by all staff
Ensuring relevant support programmes are in place for staff, parents and children/young people

The employer must also identify an alternative person to whom reports should be made in the absence of the nominated Senior Manager, or in cases where that person is the subject of an allegation or concern.

2.4 The Police - key officers

The Police should also identify a senior officer (“Strategic Management Officer”) to have a strategic oversight of arrangements, to liaise with the West Yorkshire Consortium Safeguarding Children Boards in the force area and ensure compliance.

The Police should also appoint others officers, possibly unit managers, with responsibility for liaising with the Local Authority Designated Officer, Named Senior Officers and Senior Managers, taking part in Strategy Meetings, reviewing the progress of cases in which there is a Police investigation and sharing information on completion of the investigation or any prosecution.

3. Responding to Allegations

All organisations which provide services to children, or provide staff or volunteers to work with or care for children, should operate a procedure for handling allegations that fall within this procedure in a way which is consistent with the guidance set out in Appendix 5 of Working Together to Safeguard Children.

Where such allegations are made, consideration must be given to the following three strands:

The police investigation of a possible criminal offence
Enquiries and assessment by Children’s Social Care Services as to whether the child is in need of protection or in need of services
Consideration by an employer of disciplinary action in respect of the individual

4. Initial Considerations

All allegations within this procedure that come to the employers attention should be notified to the Local Authority Designated Officer (LADO) within one working day. Senior Managers should receive reports in relation to all allegations against those within their organisation. A senior member of the Human Resources section for the relevant agency must also be consulted.

The LADO will discuss the matter with the Senior Manager and where necessary obtain further details of the allegation and the circumstances in which it was made. The discussion should also consider whether there is evidence/information that establishes that the allegation is false or unfounded, and/or whether disciplinary action is appropriate.

If the allegation is not patently false and there is reasonable cause to suspect that a child is suffering or is likely to suffer Significant Harm, the LADO will immediately refer the matter to Children’s Social Care Services and arrange for a Strategy Meeting to be convened straight away. In those circumstances, the Strategy Meeting should include the LADO and the Senior Manager (see Section 11, Strategy Meeting).

Where the safety of other children is in question as a result of the allegation, consideration should be given to invoking the Complex (Organised or Multiple Abuse) Procedure.

Some allegations may be less serious and at first sight might not seem to warrant consideration of a police investigation or enquiries by Children’s Social Care Services. However, it is important to ensure that even apparently less serious allegations are followed up and examined objectively by someone independent of the organisation. Consequently the LADO should be informed of all allegations that come to the employers attention and appear to come within the scope of this procedure (see Section 1, Scope) so that he or she can consult Police and social care colleagues as appropriate.

5. Direct Referrals to the Police/Children’s Social Care Services

Where a referral is made directly to Children’s Social Care Services, they will consult with the Local Authority Designated Officer (LADO), the Police and the Senior Manager in the relevant agency or organisation.

If a referral is made to the Police first, the officer who receives it should report it to the relevant Child and Public Protection Unit (CPPU) without delay and he/she should in turn inform the LADO.

6. Cross Boundary Issues

Where a child from any of the West Yorkshire Consortium local authority areas makes an allegation in a setting or placement which is outside their own area, the lead responsibility for action lies with the local authority for the area where the alleged abuse occurred.

In these circumstances, the Local Authority Designated Officer and, where appropriate, the child’s social worker will liaise with the relevant local authority and agree a joint strategy.

Checks should be made as to whether there are any other children in the setting or placement. If so, the child’s social worker and manager must be informed, and the Local Authority Designated Officer should consult them about the action required.

Interviews of children from any of the West Yorkshire Consortium local authority areas will usually be undertaken by their own local Children’s Social Care Services in conjunction with the Police as appropriate.

Where the referral relates to a child from another local authority temporarily placed in an establishment located within the West Yorkshire Consortium local authority areas, for example a boarding school, the Local Authority Designated Officer should liaise with the child’s home authority about the roles and responsibilities in carrying out this procedure.

7. Providing Information about the Allegation

If the parents/carers of the child are not already aware of the allegation, the Local Authority Designated Officer (LADO) needs to determine how and by whom they should be informed of the progress of the case and the outcome - see also Section 13, Confidentiality and Record Keeping.

The Senior Manager should inform the accused person about the allegation after consulting with the LADO. However, where a Strategy Meeting is needed or it is clear that Children’s Social Care Services and/or the Police may need to be involved, that should not be done without consulting those agencies and an agreement being reached about what information can be disclosed to the person.

Staff, foster carers, prospective adopters, volunteers and other persons about whom there are concerns should be treated fairly and honestly and should be provided with support through the investigative process, as should others also involved.

If the accused person is a member of a union or other professional association, the Senior Manager should advise them to seek support from that organisation. If the person is suspended, the Senior Manager should make arrangements to keep the individual informed about developments in the work place.

8. Action

Where there is cause to suspect that a child is suffering or is likely to suffer Significant Harm, a referral must be made to Children’s Social Care Services and a decision taken to call a Strategy Meeting which should take place within one working day of the referral. Where the safety of other children is in question as a result of the allegation, consideration should be given to invoking the Complex (Organised or Multiple) Abuse Procedure
Where the involvement of Children’s Social Care Services is not required as the child is not believed to be at risk of Significant Harm but a police investigation will continue, the Local Authority Designated Officer (LADO) should conduct a discussion with the Police, the Senior Manager and any other agencies involved with the child to evaluate the allegation and decide how it should be dealt with. This discussion should take place within one working day and must consider how to take matters forward in a criminal process parallel with a disciplinary process or whether any disciplinary action will need to await the completion of the police enquiries and/or prosecution. The progress should be reviewed by the Police no later than four weeks after the initial action meeting and thereafter at fortnightly or monthly intervals
Where a decision is made that neither Children’s Social Care Services nor the Police are required to continue any involvement, the LADO should discuss next steps with the employers Senior Manager in sufficient time so that appropriate action can be taken within three working days. In those circumstances options open to the employer range from taking no further action to suspension (see Section 9, Suspension), summary dismissal or a decision not to use the persons services in future. Where a disciplinary hearing is required and can be held without further investigation, this should take place within 15 working days. Where further investigation is required, the Senior Manager should discuss who will undertake what with the LADO. The Senior Manager or the nominated investigating officer should provide a report to the employer within 10 working days; the employer should decide whether disciplinary action is required within 2 working days and if a hearing is needed it should be held within 15 working days. The LADO should continue to liaise with the Senior Manager to monitor progress of the case and provide support/advice as required.

9. Suspension

The possible risk of harm to children posed by an accused person needs to be evaluated and managed effectively - in respect of the children involved in the allegations, and any other children in the individuals home, work or community life. In some cases, this requires the employer to consider suspending the person. Suspension 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 is so serious that it might be grounds for dismissal. People must not be suspended automatically or without careful thought. Employers must consider carefully whether the circumstances of a case warrant a person being suspended from contact with children until the allegation is resolved.

Neither the Local Authority Designated Officer (LADO) nor the Police nor Children’s Social Care Services can require an employer to suspend a member of staff or volunteer. The power to suspend is vested in the employer alone. However, where a Strategy Meeting (see Section 11, Strategy Meeting) or initial evaluation discussion concludes that there should be enquiries by Children’s Social Care Services and/or investigation by the Police, the LADO should canvass the Police and Children’s Social Care Services as to their views about whether the accused member of staff needs to be suspended from contact with children, to inform the employers consideration of suspension. Consideration at this stage should also be given to the need to refer the matter to the Independent Safeguarding Authority.

10. Resignations and Compromise Agreements

The fact that a person tenders his/her resignation, or ceases to provide their service, must not prevent the allegations being followed up in accordance with these procedures. It is important that every effort is made to reach a conclusion in all cases of allegations bearing on the safety or welfare of children, including any in which the person concerned refuses to cooperate with the process.

By the same token, ‘compromise agreements’ - by which a person agrees to resign, the employer agrees not to pursue disciplinary action, and both parties agree a form of words to be used in any future reference - must not be used in these cases. In any event, such an agreement would not prevent a thorough Police investigation where appropriate, nor can it override an employers statutory duty to make a referral to the Independent Safeguarding Authority where circumstances so require.

11. Strategy Meeting

The LADO will need to ensure that the relevant people are invited to a Strategy Meeting and any follow up meetings to ensure that the full scope of the enquiry can be effectively addressed. This will include an invitation to the employers Senior Manager unless there is good reason not to do so.

Notifications will be required to be made to OFSTED, regarding day care and childminders, and the Regulatory Authority regarding residential staff, foster carers and prospective adopters.

The Strategy Meeting will be chaired by the LADO. Calderdale and Kirklees have reciprocal arrangements for the chairing of Strategy Meetings where the allegations relate to the agencies own staff or approved foster carers.

The Strategy Meeting will need to:

Share all relevant information about the person who is the subject of the allegation and about the alleged child victim
Plan the investigation/enquiries and set timescales for tasks to be undertaken
Consider whether any other children are affected by the allegations e.g. the persons own children or other children in the agency setting for example children placed with foster carers, childminders, a youth club, grandchildren
Determine any action that needs to be taken in respect of any other children identified including Section 47 Enquiry
Decide how regular information and support will be provided to the child and family and by whom
Ensure that the person who is the subject of the allegation is kept informed and supported
Plan all interviews and agree who should undertake them so that there is no confusion between a criminal investigation, Section 47 Enquiry/Core Assessment and disciplinary processes
Consider whether the circumstances suggest that the person who is subject to the allegation should be suspended from contact with children, so as to inform the employers decision about this issue (including whether a foster carer’s approval should be suspended and the implications for other children in the placement); this may change as the investigation progresses and should be reviewed regularly
Consider the need to develop a media strategy

The progress of the investigation and enquiries needs to be reviewed by the LADO fortnightly or, at a maximum, monthly depending on the complexity of the case.

12. Post Investigation

At the end of any investigation, the Local Authority Designated Officer (LADO) will consider whether it is necessary to convene a Post Investigation Meeting, for example in particularly complex cases.

This meeting must take into account Sections 13 to 15 of this procedure and will primarily ensure that

All the original allegations have been addressed
The investigation has been clearly recorded
All strands of the investigation have been concluded
All those involved have been informed of the outcomes appropriately
The children have been safeguarded and services have been provided
The recommendations and decisions of the Post Investigation meeting are reviewed within an agreed timescale to ensure that they are followed through

13. Confidentiality and Record Keeping

During the investigation the police should obtain consent from the individuals concerned to share the statements and evidence they obtain with the employer and/or Regulatory Authority, for disciplinary purposes. This will enable the Police and the Crown Prosecution Service (CPS) to share relevant information without delay at the conclusion of the investigation or any court case.

Children’s Social Care Services should also obtain consent when making enquiries so that any information that is relevant to a disciplinary case can be passed on to the employer or Regulatory Authority.

Every effort should be made to maintain confidentiality and guard against publicity while an allegation is being considered or investigated.

In line with ACPO guidance, the Police will not normally provide any information to the press or media that might identify an individual who is under investigation, unless or until the person is charged with a criminal offence. In exceptional circumstances where the police might make an appeal to trace a suspect, the reasons for this action should be documented and partner agencies should have been consulted beforehand.

The child and parents or carers can be informed about the outcome of any disciplinary process but they do not have access to the deliberations of a disciplinary hearing nor the information taken into account in reaching the decisions in the hearing.

Employers must keep a clear and comprehensive record of any allegations made, details of how the allegation was followed up and resolved, and details of any action taken and decisions reached, on a persons confidential personnel file and give a copy to the individual. Such information should be retained on file, including for people who leave the organisation, at least until the person reaches normal retirement age or for 10 years if that will be longer.

The purpose of the record is to provide accurate information in response to any future request for a reference.

Each agency must take great care to ensure that the records they keep respect the confidentiality of the victim and/or the alleged perpetrator i.e. the child’s file should contain limited information about the perpetrator and the perpetrators file should contain limited information about the child victim.

14. Action Following a Criminal Investigation or a Prosecution

The Police or the Crown Prosecution Service (CPS) should inform the employer's Senior Manager and Local Authority Designated Officer (LADO) straight away when a criminal investigation and any subsequent trial are complete, or if it is decided to close an investigation without charge, or not to prosecute after the person has been charged.

In all circumstances the LADO should discuss with the employer's Senior Manager what further action is appropriate and agree how to proceed. The information provided by the Police and/or Children’s Social Care Services should inform that decision.

Action on conclusion of a case should include consideration of whether a referral to the Independent Safeguarding Authority is required or advisable, and the form and content of a referral. If a referral is appropriate it should be made within one month.

If the person is subject to registration or regulation by a professional body or regulator, for example by the General Social Care Council, General Medical Council, Ofsted etc. the LADO should advise on whether a referral to that body is appropriate.

If it is decided that a person who has been suspended from work can return, the employer must consider how best to facilitate that return. The employer must also consider how the persons contact with the child or children who made the allegation can best be managed if they are still in the work place.

15. Learning Lessons

At the conclusion of a case where the allegation has been substantiated, the Senior Manager, in consultation with the Named Senior Officer and the LADO, should review the circumstances of the case to determine whether there are any improvements to be made to the organisations procedures or practice to help prevent similar events for the future.

Any lessons from investigations and enquiries should be reported by the LADO on a regular basis to the West Yorkshire Consortium Safeguarding Children Boards.

In some cases, a Serious Case Review may be appropriate.

16. Flowcharts

Click here to view flowcharts.

End