1.9.3 Allegations against Staff

Contents

1.	Introduction
2.	First Steps Initial Evaluation
3.	Learning Lessons
4.	Information Sharing on Safeguarding Matters
5.	Identifying Sexually Harmful Behaviours by Children
	Appendix 1: Child Protection Referrals Flowchart for Allegations Against Staff
	Appendix 2:  Normal/Expected Sexual Development

1. Introduction

FLOWCHART: Please see Appendix 1: Child Protection Referrals Flowchart for Allegations Against Staff

This Chapter is about managing cases of allegations of abuse against a person who work with children in any setting.

All allegations of abuse of children by a Clifford House staff member must be taken seriously and treated in accordance with the procedures set out below.

It should be used in respect of all cases in which it is alleged that a person who works with children 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 s/he is unsuitable to work with children

These concerns must be immediately passed to the manager or operations manager who will contact the Local Authority Designated Officer for Managing Allegations (LADO).

2. First Steps Initial Evaluation

FLOWCHART: Please see Appendix 1: Child Protection Referrals Flowchart for Allegations Against Staff

The first priority must be to ensure the immediate safety of the child and any other children affected or in contact with the individual (including their own children) and to consider what supervision arrangements are required to safeguard the child.

Procedures need to be applied with common sense and judgement. Some allegations will be so serious as to require immediate referral to Children's Services and the Police for investigation. Others may be much less serious and at first sight might not seem to warrant consideration of a Police investigation, or enquiries by Children's Services. However, it is important to ensure that even apparently less serious allegations are examined objectively by someone independent .This person will be either the registered manager or operations manager in conjunction with The Local Authority Designated Officer (LADO) for allegations who  will provide the overall independence .  Any decision to deviate from the advice of the LADO must be discussed and authorised by at least two senior managers and the HR manager.  

The Local Authority Designated Officers are (to follow)

The Operations Manager will always consult the relevant LADO of all allegations that come to his/her attention and appear to meet the criteria described above.  This consultation   with the LADO will aim to establish the following:

• That the allegation is within the scope of procedures for a LADO discussion.
• That the allegation is not demonstrably false or unfounded
• The nature of the concern, how and why they have arisen, and any previous information about the child/ accused person and their relationship with the accused person.
• Any background information relevant to the allegation
• Any arrangements taken to secure the immediate safety of the child/ren including ensuring the individual's own children are safeguarded
• Necessity for a strategy meeting and if the police and children's services should be contacted.
• If the parents/carers of the child concerned are not already aware of the allegation, there will be a discussion how and by whom they should be informed. In some circumstances the manager may need to advise parents of an incident involving their child straight away.  Thus consideration on how to consult formally with them about the investigation needs to be agreed, deciding on how this should be done, balancing this with the overriding need to ensure the child's safety.

The Human Resources Manager or Operations Manager should inform the accused person about the allegation as soon as possible after consulting the LADO. However, where a strategy discussion is needed, or it is clear that police or children's Services may need to be involved, that should not be done until those agencies have been consulted, and have agreed what information can be disclosed to the person. If the person is a member of a union or professional association s/he should be advised to seek support from that organisation. However it is anticipated that even if Police /Children's Services involvement is required; the person will be notified of the allegation's existence within 3 working days.

 There are 4 possible outcomes to the first steps of the investigation:

1.	There is cause to suspect a child is suffering or is likely to suffer significant harm - In this event  Children's Services  will undertake an initial assessment ( in line with the relevant LSCB  Code of Practice) and if there remains concerns that the child is at risk of suffering significant harm, a strategy meeting is likely to be arranged.
2.	The threshold of significant harm is not considered to be reached, but there is cause to suspect that a criminal offence has been committed and a police investigation is necessary. In cases where the threshold of significant harm is not reached, but further investigation such as police investigation is required the operations manager and the  LADO will have further discussions with the police,  to evaluate the allegation and decide how it should be dealt with. This discussion will share all available information about the allegation and the person against whom the allegation has been made, consider whether a Police investigation is needed and if so, agree the timing and conduct of that. In cases where a police investigation is necessary the initial evaluation will also consider whether there are matters which can be taken forward in a disciplinary process in parallel with the criminal process, or whether any disciplinary action will need to wait completion of the police enquiries and/or prosecution.  If the initial evaluation identifies concerns about the welfare of a child a referral should be made to Children's social care.
3.	The threshold of significant harm is not considered to be reached and a police investigation is not necessary, but that Clifford - House may wish to take disciplinary action in respect of the individual.
4.	No further action is required.  If there is cause to suspect a child is suffering or is likely to suffer significant harm, and a referral is made to Children's Services. The manager must obtain the following information: The name of the staff member  who the allegation is made against The staff members address The staff members date of birth  The address of the home where they work Date of incident and date allegation made Nature of allegation The investigation will have three related, but independent strands: Child protection enquiries, relating to the safety and welfare of any children who are or who may have been involved including the alleged person's own children or children within his/ her care A police investigation into a possible offence.  Disciplinary procedures, where it appears that the allegations may amount to misconduct or gross misconduct on the part of staff.   The fact that a prosecution is not possible does not mean that action in relation to safeguarding children, or employee discipline, is not necessary or feasible.  The important thing is that each aspect is thoroughly assessed, and a definite conclusion reached that is focused to be in the Child's favour. There must be a decision about who will provide support to the staff member. This includes the need to keep the accused person informed of the process and decisions relating to the allegation. It is good practice for the accused person to be provided with the substance of the allegation within 3 days. Clifford House Review meetings relating to the investigation should be conducted at least 4 weekly with the person being updated on the outcome.

3. Learning Lessons

At the conclusion of a case in which an allegation is substantiated Clifford house will review the circumstances of the case to determine whether there are any improvements to be made to the organisation's procedures or practice to help prevent similar events in the future.

4. Information Sharing on Safeguarding Matters

4.1 Purpose and Principles

 The purpose of this protocol is to clarify the principles behind, and the arrangements for sharing sensitive personal information with other agencies in order to safeguard and promote the welfare of children. The protocol refers to a number of legal enactments but is not meant to be a definitive guide to the law in what is a complex and evolving legal framework.

A basic principle of the Data Protection Act 1998 is that there has to be a 'legitimate basis' for disclosing sensitive personal data. Research and experience have shown repeatedly that keeping children safe from harm requires professionals and others to share information:

• About a child's health and development and exposure to possible harm
• About a parent who may not be able to care for a child adequately or safely without help
• About those who may pose a risk of harm to a child.

In broad terms, therefore, sharing sensitive personal information is legitimate because it is only when information from a number of sources has been shared and put together that it becomes clear that a child is at risk of or is suffering harm. It is worth bearing in mind those enquiries following child deaths and other situations where practice has been called into question, have repeatedly identified failure to share information as a contributory factor.

Clifford house subscribe to the over-riding principle that the needs and rights of children come first, and that where those needs and rights conflict with those of adults, any conflict must be resolved in the child's favour. At the same time, there is a need to balance the duties to protect children from harm with their general duty towards a service user.

Clifford house will work in partnership with children, parents/carers and other family members. This means among other things seeking the consent of the child and family wherever it is possible and consistent with the child's best interests. This should include wherever possible seeking clear, explicit and informed consent from the individual(s) concerned for information about them to be shared with specified other individuals or agencies. Where such consent can be freely obtained, this is clearly the best way of resolving any potential conflict of interest. There will a record of that consent. However, it is recognised that frequently such consent can not be obtained, either because it is refused, the individual concerned can not be contacted within a reasonable time to give consent or in exceptional cases, and even seeking the consent would place a child at greater risk of harm.

Clifford House supports the 6 key points of information sharing outlined in the Information sharing: Practitioners' guide integrated working to improve outcomes for children and young people which can be found on the Every Child Matters website:

• You should explain to children, young people at the outset, openly and honestly, what and how information will, or could be shared and why, and seek their agreement. The exception to this is where to do so would put that child, young person or others at increased risk of significant harm or an adult at risk of serious harm, or if it would undermine the prevention, detection or prosecution of a serious crime including where seeking consent might lead to interference with any potential investigation.
• You must always consider the safety and welfare of a child or young person when making decisions on whether to share information about them. Where there is concern that the child may be suffering or is at risk of suffering significant harm, the child's safety and welfare must be the overriding consideration.
• You should, where possible, respect the wishes of children, young people or families who do not consent to share confidential information. You may still share information, if in your judgment on the facts of the case; there is sufficient need to override that lack of consent.
• You should seek advice where you are in doubt, especially where your doubt relates to a concern about possible significant harm to a child or serious harm to others.
• You should ensure that the information you share is accurate and up-to-date, necessary for the purpose for which you are sharing it, shared only with those people who need to see it, and shared securely.
• You should always record the reasons for your decision - whether it is to share information or not.

4.2 The Legal Framework is;

The Data Protection Act 1998 and the Human Rights Act 2000

The two Acts together have significant legislative implications for the sharing of information between the partner agencies in child protection.    

The Data Protection Act 1998

Beyond the principle of a 'legitimate basis' for disclosing sensitive personal information, discussed above, the Act requires that personal information:

• is obtained and processed fairly and lawfully,
• is disclosed only in appropriate circumstances,
• is accurate, relevant and not held longer than necessary,
• is kept securely. The Data Protection Registrar recommends that any information sharing agreement should address the following issues.

The Data Protection Act 1998 itself states that personal information may be disclosed for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders, in cases where failure to disclose would be likely to prejudice those objectives. This may be relevant in serious cases of abuse or likelihood of suffering significant harm.

Clifford house may hold a lot of personal information on individuals but not all of this may be relevant to the purpose of safeguarding and promoting the welfare of children. It would not be right to disclose irrelevant information.

What is relevant is a matter of judgement in individual cases.

The Human Rights Act 2000

The Human Rights Act has the effect of enacting in the law in England and Wales the provisions of the European Convention on Human Rights.

It has been suggested that, regardless of the restrictions on the sharing of information within the Data Protection Act, Article 8 of the Convention may prevent it altogether, as it states that 'everyone has the right to respect for his private and family life, his home and his correspondence'. However, it should be recognised that Article 8 does not create an absolute right to privacy - the right is to 'respect' for private and family life. Moreover, the Article goes on to describe the circumstances in which a public authority can interfere with the exercise of this right. These circumstances are:

'as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.'

It seems clear that a number of these circumstances are highly relevant in a child protection context.

Furthermore, Article 3 which states that 'No one shall be subjected to torture or to inhuman or degrading treatment' has paramount over Article 8. This has already been clarified within a leading judgement (Re F,2000) which states 'It needs to be remembered that the tabulated right is not to family life as such but to respect for it. The purpose ............... is to assure within proper limits the entitlement of individuals to the benefit of what is benign and positive in family life. It is not to allow other individuals, however closely related and well intentioned, to create or perpetuate situations which jeopardise their welfare'.

The Children Act 1989

 There are a number of provisions within the Children Act which are relevant to information sharing, and specifically to the legal power to disclose personal information.

5. Identifying Sexually Harmful Behaviours by Children

5.1 Introduction

Children and young people are responsible for a significant number of sexually inappropriate and harmful behaviours each year.

Identifying Sexually Harmful Behaviours

Some definitions:

For adolescents, the following definition may be useful:

"Sexually abusive behaviour has been defined as any sexual interaction with person(s) of any age that is perpetrated:

1. against the victim's will
2. without consent
3. in an aggressive, exploitative, manipulative, or threatening manner."
   
   (Ryan, G., and Lane, S., 1997:3)

For younger children, a continuum of sexual behaviours is suggested (Cavanagh Johnson, T., and Feldmeth, J.R., 1993):

• Normal sexual exploration
• Children in this group demonstrate age appropriate sexual behaviours.
• Sexually Reactive
• Many children in this group have experienced sexual abuse or have been exposed to a sexualised environment. The focus on sexual behaviour is not in balance with other aspects of their lives. The sexual behaviours typically are not characterised by secrecy, coercion or force. These children are likely to be having difficulty making sense of their life experiences. Behaviours are likely to include excessive masturbation, and sexual behaviours towards children and adults. (Calder 2001; Carson and Wilkinson 2002)
• Extensive Mutual Sexual Behaviours
• Children in this group are usually victims of sexual abuse. They will exhibit age inappropriate and/or adult type sexual behaviours, and are likely to have focused and extensive patterns of behaviour. These children are likely to have a matter of fact attitude towards the sexual behaviours with other children. (Calder 2001; Carson and Wilkinson 2002)
• Children who Molest
• Children in this group exhibit sexual behaviours that are age inappropriate and typical of adult sexual behaviours. The sexual behaviours are often associated with expressions of negative feelings such as anger, loneliness or fear. Children in this group use coercion, force and secrecy, and will be able to exert power over the other child (ren). Children who exhibit these types of behaviour are likely to have been abused, either sexually or in other ways. (Calder 2001; Carson and Wilkinson 2002)

5.2 Key Principles

Working Together (1999) states:

Work with children and young people who abuse others - including those who sexually abuse/offend - should recognise that such children are likely to have considerable needs themselves, and also that they may pose a significant risk of harm to other children. Evidence suggests that children who abuse others may have suffered considerable disruption in their lives, been exposed to violence within the family, may have witnessed or been subject to physical or sexual abuse, have problems in their educational development, and may have committed other offences. Such children and young people are likely to be children in need, and some will in addition be suffering or at risk of significant harm, and may themselves be in need of protection.

Children and young people who (sexually) abuse others should be held responsible for their abusive behaviour, whilst being identified and responded to in a way which meets their needs as well as protecting others. Early intervention with children and young people who abuse others may, therefore, play an important part in protecting the public by preventing the continuation or escalation of abusive behaviour.

Three key principles should guide work with children and young people who abuse others:

• There should be a co-ordinated approach on the part of youth justice, child welfare, education (including educational psychology) and health (including child and adolescent mental health) agencies;
• The needs of children and young people who abuse others should be considered separately from the needs of their victims; and
• An assessment should be carried out in each case, appreciating that these children may have considerable unmet developmental needs, as well as specific needs arising from their behaviour.
• Children and young people of various ages, ethnic origins, family circumstances, and of both genders, can behave in a sexually harmful way to others.
• The behaviour is harmful to the victim(s).
• Sexual harmful behaviour is different from normal sexual development. It is necessary to distinguish between what is normal sexual development and what is sexually harmful behaviour
• Children/young people are more amenable to change and are less likely to have a set pattern of sexual thoughts and behaviours. The earlier the identification of the sexually abusive behaviour, the greater the potential for change.
• The relationships staff develop with children/young people are one of the most powerful influences in whether interventions are effective.
• Reports of apparently abusive/inappropriate sexual behaviour by a child or young person must be taken seriously and responded to appropriately.
• A risk assessment should always take place when a child/young person exhibits sexually inappropriate behaviours. the type of assessment will vary between placing authorities

Distinguishing If Behaviour is Harmful or Not

See Appendix 2: Normal/Expected Sexual Development

It is useful to consider the following issues in order to determine whether there are concerns about a child's or young person's sexual behaviour:

• Were there any power differentials? (e.g. age; size; developmental level; does one child have authority over another)
• Whether the behaviour was legal?
• Issues of consent (Was there true consent, or was there an element of intimidation or trickery?)
• Was force or persuasion used?
• Whether the behaviour falls within 'normal' sexual development
• Are there any features of obsession or compulsiveness?
• What was the level of secrecy? (e.g. did the behaviour occur openly or was it planned and in secret?)
• Are there any concerning sexual fantasies?
• Is there any use of distorted thinking to justify the behaviour?
• Do other children/young people complain about the behaviour, or view it as wrong?
• What is the victim's perception of the behaviour?
• Is there any evidence of escalation?
• How did the sexual behaviour come to light?
• How persistent is the sexual behaviour? (e.g. Have there been other concerns? Does the behaviour continue despite requests for it to stop?)
• Are there any elements of ritualistic or sadistic behaviours?
• Were there any accompanying expressions of anger or aggression?

Reporting Concerns

Where there are concerns about a child or young person's sexual behaviour, you should ALWAYS refer these concerns to the registered manager who will discuss the concern with the operations manger.

Responding to the Child/Young Person

For those staff that have direct contact with the child or young person, it is important to convey that whilst the behaviour is not acceptable, you are not condemning them as a person. You need to show respect and understanding and offer hope that change is possible. Denial and embarrassment should be expected. Let the child/young person know that you are not shocked or offended and avoid confrontation.

Child Protection Referral

See Child Protection Referral Flowchart

The Police and Children's Social care will decide whether Section 47 enquiries will be initiated. In ALL circumstances, there should be an initial risk assessment and written management review carried out by the manager, this should include educational issues regardless of the actions taken by children's social care.

This risk assessment should give consideration to developing safe care plans for the child's living environment and school setting.

Appendix 1: Child Protection Referrals Flowchart for Allegations Against Staff

Child Protection Referrals Flowchart for Allegations against Staff

Appendix 2:  Normal/Expected Sexual Development

The following guidelines (Hanks, 2001; Cavanagh Johnson, 2002; Carson, 2002) may be helpful in understanding a sexual behaviour within the context of expected sexual development

Normal/Expected Sexual Development

Birth to 2 years
Sexual Development	Sexual Behaviour	Sexual Knowledge
Gender established	Erect penis	None
Erect penis/Vaginal lubrication	None	None
Physiology for arousal is present	Recognition/experience of pleasurable feelings when touching genitals	None
Spontaneous penile erection	Touches self; sometimes looks at and touches others	Limited language for body parts
3 - 6 years
Sexual Development	Sexual Behaviour	Sexual Knowledge
Children grow; boys' testicles descend. Peer exploration. Erections and lubrication for boys and girls	Touch their own and others (peers) genitals. Look and play doctor, nurses, mum/dad games with peers. Masturbates (stimulates) self. Experience pleasurable feelings Interest in own faeces, and watches others use the toilet and bathroom. Show genitals to others. Disinhibited and can be at an exhibitionist stage. Pretend to have babies in their tummies. Rubs genitals, masturbates, when uncomfortable, unhappy, tense, upset, excited or afraid. Practises kissing	Language develops. Become inquisitive and verbal about some adult sexual functions without understanding. Limited knowledge about where babies come from. Recognise gender differences as they get older. Child asks about genitals, intercourse. Can name body parts more accurately. Use of slang words for toilet/bathroom functions, genitals and sex. Little understanding of sex.
7 - 10 years
Sexual Development	Sexual Behaviour	Sexual Knowledge
Children of 8 or 9 may experience pubertal changes. Menstruation, wet dreams, develops sexual fantasies. Cannot give informed consent.	Masturbation in private. Shows guilt/embarrassment about sexual activities. Simulates intercourse, kissing, petting with peers.	Language for body parts. Increasing knowledge of sexual behaviour and language (including slang terms). Confused about sexual behaviour and causal effects. Unclear about intercourse and pregnancy.
10 -12 years
Sexual Development	Sexual Behaviour	Sexual Knowledge
May enter puberty. Hormonal changes lead to a range of physical and emotional sensations. Menstruation, wet dreams, develops sexual fantasies. Cannot give informed consent. Some children are capable of childbirth.	Masturbation in private. Shows guilt and embarrassment re: sexual activities May have intercourse without knowing the consequences. Not able to give true and informed consent). Experimenting with sexual behaviours with same and opposite sex. Sharing information and comparing bodies with peers. Kissing and petting with peers	Likely to have received formal sex education. Increasing understanding of intercourse and consequences of sexual behaviours. Language for body parts, including formal words and slang terms.
Normal Sexual Behaviour in Adolescents includes:
Embracing and kissing Close bodily contact Consenting Mutual fondling and masturbation Simulated intercourse Consenting Intercourse Explicit jokes/sexual discussion	Masturbation Highly eroticised fantasies Wet dreams Interest in erotic materials and use in masturbation

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