Allegations Against Staff and Volunteers within Children's Homes

Contents

1. Introduction
2. The Difference Between an Allegation of Harm and a Concern
3. Coordinating the Response to Concerns or Allegations
4. The Role of the Designated Officer (DO) in the Local Authority (previously LADO)
5. Notifications
6. Allegations Strategy Discussion / Meeting
7. Confidentiality
8. Support
9. Suspension
10. Record Keeping
11. Referrals to the Disclosure and Barring Service
    
    Appendix 1: Guidance on What to Say

1. Introduction

This guidance should be followed in relation to any allegation that a person who works in the children's home 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; or
• Behaved towards a child or children in a way that indicates they may pose a risk of harm to children; or
• Behaved or may have behaved in a way that indicates they may not be suitable to work with children.

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 - 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 and if so, refer 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.

2. The Difference Between an Allegation and a Concern

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 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:

• 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 member of staff had training in managing this?
• Does the member of staff 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 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.).

If it falls short of this threshold there may still be a role for the LADO to provide advice and support to the Home.

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 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 with information on the Home’s Representations 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 (IRO) 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.

3. Coordinating the Response to Concerns or Allegations

The Home’s Registered Manager (RM) is responsible for coordinating the response to concerns or allegations against staff. If the RM has involvement in the allegation, then the Responsible Individual (RI) should be informed and ascertain who would be most appropriate to oversee the response to the allegation.

Initial actions

Where there is injury to a child requiring immediate medical attention this should be sought. If there are safeguarding aspects to the injury; the NHS need to be advised so they can engage their own safeguarding protocols. The actions below must be then be followed:

Where a child appears to have been harmed or there is an allegation a child has been harmed, the organisation must act without delay in engaging multi agency safeguarding partners via the Request for Support Hub and in cases where it is deemed necessary the Police by calling 999. If the Police are not contacted in this way, the Police offers based in the Request for Support Hub will consider the allegation.

Initial action by person receiving or identifying an allegation or concern

The initial response to a child / person reporting an allegation or concern is important. Children 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 / 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:

• Treat the matter seriously;
• Ensure that, where necessary, the child receives appropriate medical attention;
• Listen carefully to the child / person making the report; do not ask leading questions, only prompt where necessary with open questions (where, when, what etc.);
• Be non judgemental;
• Do not promise confidentiality; Explain what will happen next, including that the concern will have to be shared further, but only with the Registered Manager (RM) at this stage (who will decide whether the matter should be referred to the Designated Officer / DO);
• Make a written record of the information (using the child’s own words, including when the alleged incident took place, who was present and what is understood to have happened);
• Sign and date the written record;
• Maintain a level of confidentiality to preserve the integrity of both the child and person of concern where it is safe and reasonable to do so;
• Immediately report the matter to the home’s Registered Manager, or the deputy in their absence or; where the Registered Manager (RM) is the subject of the allegation report to the home’s named Responsible Individual (RI). (Note: If a member of staff has concerns about how the child/young person’s allegations will be dealt with by the home, the Registered Manager or the Responsible Individual, they should consider reporting the concern to Ofsted. See Ofsted, Reporting Concerns and Whistleblowing about Children’s Social Care Services).

If you are a Social Worker for a child placed in a Children’s Home managed outside of the Local Authority you should inform the Children’s Home Registered Manager. If you have any concern that the Registered Manager may not inform the Designated Officer about the allegation, you should inform your social work Team Manager and work together to inform the Designated Officer. If the allegation is significant, a Signification Notification form should be provided to your Service Manager and their Head of Service.

You should not:

• Investigate or ask leading questions if seeking clarification;
• Discuss the allegation with the alleged perpetrator;
• Make assumptions or offer alternative explanations;
• Promise confidentiality, but give assurance that the information will only be shared on a 'need to know' basis.

Initial action by the Registered Manager

When informed of a concern or allegation, the Registered Manager should not, at this stage, investigate the matter or interview the member of staff, the child concerned or seek potential witnesses.

They should:

• Obtain written details of the concern / allegation, signed and dated by the person receiving (not the child / adult making the allegation);
• Countersign and date the written details;
• Secure any other source of information such as CCTV, computer or mobile phone data; where there is a legitimate purpose to do so.
• Record any information about times, dates and location of incident/s and names of any potential witnesses;
• Record discussions about the child and/or member of staff, any initial decisions made, and the reasons for those decisions;
• Draft a basic chronology;
• Recall any relevant contextual safeguarding information in relation to the child and person of concern.

The Registered Manager must then apply structured judgement and reasoned discernment of the information with a view to then take the concern forward to the Designated Officer (DO).

The DO must be informed within 1 working day of an allegation that has come to the Registered Manager’s attention and, where appropriate, directly also report to the Police.

Referrals to the DO 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.

Initial discussions between the Registered Manager and the DO are encouraged. This will focus on whether the allegation should be dealt with under this policy or whether another course of action is more appropriate. Some concerns may require advice and guidance from the DO and other allegations may require a formal response in terms of active oversight and involvement in the management of the allegations. A decision will be taken by the DO in discussion with the organisation’s Registered Manager whether a formal referral should be made.

As a result of the initial discussion, the DO and the Registered Manager may agree the following actions are appropriate and proportionate:

• Referral to the police for a criminal investigation;
• Referral to Request for Support Hub for assessment and possible child protection investigation, in cases where significant harm is suspected;
• Initiation of an internal investigation and or disciplinary proceedings against the member of staff;
• No further action to be taken as the concern is not within the scope of the DO;
• The organisation should refer to another external body as the concern relates to quality of care e.g. Local Authority Commissioners or Ofsted;
• Engagement of the organisations customer care or complaints protocol.

If a decision is reached by the Registered Manager and the DO that a referral is necessary a standard form is available for this purpose. If a formal referral is advised this should be quality assured by the Registered Manager within the referring organisation, if it is not completed by them but by another member of the organisation’s staff.

It is the responsibility of the referring organisation to refer the allegations to the Police and or children’s services where it is assessed as necessary to do so.

If the Registered Manager is concerned that there is an immediate risk to children, the Police should be contacted without delay. The DO will continue to liaise with the Police and Children’s Services at key points subsequently

Where a Strategy Discussion / Meeting is needed to consider the allegation in a multi agency setting, the DO, the Police and the child’s social worker / or Children's Social Care will agree what information should be disclosed to the alleged perpetrator. Otherwise, the home’s Registered Manager should inform the person concerned about the allegation as soon as possible after consulting with the DO 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(ren)’s social worker will advise on the information which can be shared with parents or carers.

4. The Role of the Designated Officer in the Local Authority (LADO)

As developed as an outcome of the Bichard Inquiry which focused on the learning from the murder of two children by a School Caretaker Ian Huntley. The role of the DO is to oversee employer and / or Police investigations into allegations made against people who work / volunteer with children. This includes providing advice and guidance, liaising with the Police and other agencies (including regulatory bodies), 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 DO will also provide advice and guidance to employers in relation to making referrals to the Disclosure and Barring Service (DBS), Ofsted (the Regulatory Authority) and other Regulatory / Affiliation bodies (see Section 11, Referrals to the Disclosure and Barring Service).

The initial discussion between the Registered Manager from the Home and the DO will consider the nature, content and context of the allegation and agree a course of action. The Registered Manager may be asked to provide additional information, such as previous history of the child 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 Registered Manager and the DO. 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 DO will consult with the Registered Manager from the home and other relevant agencies (e.g. the Police, relevant social workers, Ofsted and, where relevant, the placing authority if the child has been placed by another local authority), 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:

• Whether it is necessary to move or suspend staff, or can they be moved to other duties which do not involve direct contact with children or vulnerable adults;
• In relation to the child, whether they should move from the placement?

All other options should be considered before a decision is made to suspend a member of staff (see Section 9, Suspension).

4.1 Initial consideration by the Registered Manager and the DO

The DO and the Registered Manager of the referring organisation should consider the following:

• What further information is needed to assist the investigation?;
• What immediate action needs to be taken to protect children;
• How parents or carers should be notified of the allegations, although in some cases this will be unavoidable if the child requires medical treatment;
• How the child and their parents will be supported during the process;
• Whether any regulatory body need to be informed of the allegation without delay, this could include for example Ofsted and Social Work England. In some circumstances it will be necessary to refer to the Disclosure and Barring Service without delay.

Consideration should also be given to whether the seriousness of the allegations warrants the member of staff being suspended, given other duties short of suspension and not in contact with children or whether they should continue to have some level of supervision for their contact with children.

The Registered Manager and the DO should both make a written note of discussions and decisions should be agreed and the reasons for taking any particular course of action recorded. This is particularly important in cases where no further action will be taken.

Where a referral is received and it is progressed to the formal involvement of the DO an electronic record will be created in the name of the person of concern. This record will be created on the Councils MOSAIC database system. The DO records regarding the adult are a restricted record, for viewing by the DO and Senior Managers only. A privacy notice setting out the relevance of the UK General Data Protection Regulations has been drafted for this purpose.

As principles of good practice, the member of staff and the child’s parents should be notified of the allegation and given as much information as possible unless there are good reasons for not doing so. In cases where a criminal or child protection investigation is underway the Police and Children’s social care will be the point of contact for enquiries about those actions. It will be the responsibility of the organisation where the person works or volunteers to keep the worker informed of case progression. The DO has information leaflets available for the person of concern, the child and family and for the workers organisation. These can be provided to the employer for distribution to others.

The worker/person of concern must be advised not to contact the DO directly.

Please note the telephone number is for the organisation’s use only and is not for wider dissemination.

Local Authority DO (Allegations/Issues of Concern)
Blackpool Council
Tel 01253 477541
DO@blackpool.gov.uk

Allegations that meet the threshold for Initial Consideration or Allegations Meeting

If the DO is satisfied that the referral meets the criteria of this guidance, the DO will decide whether an initial consideration or allegations meeting is required. The former having the objective of expanding on the concerns raised and the latter meeting focusing on identifying key lines of an employer &/or police investigation and other actions.

In some instances the DO will waive the need for a round table face to face meeting but the case will still progress with the same purpose. This applies to cases where there have already been discussions with relevant partners and the organisation and the key lines of enquiry are in motion. The recording of these steps will be the same as for when a meeting has occurred.

Where a meeting takes place it will chaired by the DO and should be attended by the Registered Manager or responsible Individual, the Police and Children’s Social Care social worker allocated to the child (ren) involved will also be in attendance. The DO will invite whoever else is deemed necessary to contribute to the discussion and analysis.

5. Notifications

Whether the concern is progressed further by the DO or alternative routes are sought, the Registered Manager or Responsible Individual should promptly advise the child’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.

6. Allegations Strategy Discussion / Meeting

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:

• Ensure that arrangements are in place to protect the child/children involved and other children affected, including the children of the person of concern;
• Decide whether there should be a Section 47 Enquiry and / or Police investigation and consider the implications;
• Ensure that the employer or organisation has engaged its own relevant policies and procedures applicable to the current situation and assist in making recommendations regarding suspension or actions as an alternative to suspension;
• Consider whether any parallel disciplinary process can take place and agree protocols for sharing information;
• 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);
• Consider the current allegation in the context of any previous allegations or concerns;
• Exchange and analyse information held by those taking part in the meeting and, where appropriate, to do so offer professional challenge in the analysis of that information. This will be done professionally as critical friends in a safe place;
• 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;
• Consider what support should be provided to all children who may be affected;
• Consider what support should be provided to the member of staff and others who may be affected and how they will be kept up to date with the progress of the investigation;
• Agree protocols for reviewing investigations and monitoring progress by the DO, having regard to the target timescales;
• Consider issues for the attention of senior management (e.g. resource implications, media interest) (see also Section 7, Confidentiality);
• Consider reports for consideration of barring;
• Consider risk assessments to inform the employer's safeguarding arrangements;
• Agree dates for future strategy meetings / discussions.

Review re: allegation investigation progression meeting

• The DO will regularly monitor the progress of the allegation investigation through a review of allegations meeting/discussions and/or by either liaising with the Police and/or Children’s Social Care, Senior Managers, or other organisations as appropriate, such as Commissioning Service(s). Reviews will usually be conducted at fortnightly or monthly intervals, depending upon the complexity of the case;
• For those cases involving Court trials, reviews will be timetabled according to the Court listings, which will be made known to the DO by the Police involved;
• The DO will be the point of contact for updating organisations on Police investigations where no other arrangements have been made between the Police and the workers organisation.

Final Strategy Meeting

A final strategy meeting / discussion will  be held to ensure that all tasks have been completed, including any referrals to the DBS if appropriate (see Section 11, Referrals to the Disclosure and Barring Service). Where appropriate an action plan will be agreed in terms of both the person of concern and the child / children based on lessons learnt.

It is an expectation at this stage in the process that those agencies that have been involved in the management and progress of allegations will be able to feedback their conclusions. If the allegations have not been tested in court then the standard test used to find facts in the case will be the civil test known as the balance of probability test. This test is an evaluation of the overall preponderance of the evidence and information available.

It is for the Police, Children’s Services or the employer/organisation to reach a conclusion using this test; it is not for the DO to determine the facts. However at the conclusion of the process it is the responsibility of the DO to record the consensus of findings of fact in the particular case.

Five categories are used to record these findings:

1. Substantiated: A substantiated allegation is one which is supported or established by evidence or proof on the ‘balance of probability’ rather than the criminal test of, ‘beyond reasonable doubt;
2. Unsubstantiated: An unsubstantiated allegation is not the same as a false allegation. It simply means that there is sufficient insufficient supportive or identifiable evidence to prove or disprove the allegation; the term therefore, does not imply guilt or innocence.
3. Unfounded: This indicates that the person making the allegation has misinterpreted the incident or was mistaken about what they saw. Alternatively, they may not have been aware of all the circumstances.  For an allegation to be classified as unfounded, it will be necessary to have evidence to disprove the allegation.
4. Malicious: this implies a deliberate intention to deceive, for example, a malicious allegation may be made by a child following an altercation with a member of staff or a parent who is in dispute with the organisation. For an allegation to be classified as malicious, it will be necessary to have evidence which proves this intention;
5. False: there is sufficient evidence to disprove the allegation, however there is no evidence to suggest that there was a deliberate intention to deceive.

The DO will seek for the Employer, in the case of children’s homes, this is usually the Registered Manager or Responsible Individual, to complete an Outcome Form which will provide the determined outcome and the reasoning for this.

The DO will complete the electronic record held on the adults MOSAIC record and their case will then be closed on that system. The purpose for which the DO records and holds information in relation to this activity is set out in the Privacy Statement drafted in compliance with the General Data Protection Rules 2018 attached at appendix 2. Subsequent actions and responsibilities of those involved are set out in the following section

7. Confidentiality

The  Responsible Individual and Registered Manager  must maintain confidentiality and guard against publicity while an allegation is being investigated or considered. Apart from keeping the child, their parents / carers  and accused person (where this would not place the child 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, facilitate enquiries, and manage related disciplinary or suitability processes. In the case of Children’s Homes, relevant commissioners may also need to be informed.

8. Support

For the child and family

The  children’s home, Registered Manager, allocated social worker and/or Police, where they are involved, should  always consider the impact on the child concerned and any other children in the Home and provide support as appropriate. Liaison between the agencies should take place in order to ensure that the child's needs are addressed. Note: it is important to ensure that providing children 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).

Parents and children should be notified of allegations made by their child or children and given all information available as soon as possible subject to advice from the police and CSC.  Parents or those with parental responsibility must be kept informed of the progress and outcomes of investigations.  However for cases that are progressed through to disciplinary hearings the details of those hearings will not normally be disclosed although the final outcome should be shared if this is sought by the parents.

If the child is suffering or is likely to suffer significant harm the local authority will make or cause to be made such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard the child.  Section 47 of the Children Act 1989 sets out what actions may be taken.  In these circumstances consent from the parent of person with parental responsibility may not be necessary.

If there is a concern for a child who may be in need, not solely due to the allegation raised, then consent should be sought from the parent or person with parental responsibility for a referral to made to CSC.

The parent or person with parental responsibility must be reminded of the need to maintain confidentiality about the allegation while the matter is under investigation.

An information leaflet is available to be provided to the parent or person with parental responsibility and these will be shared with employers/organisations when any form of allegation meeting is being held.

For the employee

Following consultation with the DO, the accused member of staff should be provided with information about the allegation and the initial actions agreed. The local authority 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.

Employers have a duty to ensure that members of staff against whom an allegation has been made are treated fairly and are supported throughout the process. They should be kept informed of the progress of any investigation or disciplinary process and where they have been suspended pending investigation, there should be a named member of staff responsible for keeping them informed of developments.

The staff member involved should be given advice on the allegations management process. They should also be told about the process of any internal investigation and be kept informed of the outcomes and progress of these, so far as it does not compromise the wellbeing or safety of children. Their support needs should also be considered when they are returning to work following suspension, particularly in unsubstantiated or malicious cases.

The person against whom the allegation is made should be advised to contact their union or professional association. Human Resources should be consulted 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.

An information leaflet is available to be provided to the person of concern and these will be shared with employers/organisations when any form of allegation is being held.

9. Suspension

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:

• There is cause to suspect a child or other children are at risk of harm; 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 person’s home, work or community life.

Where an Allegations Strategy Meeting is held, attendees should discuss whether suspension is appropriate and consider a recommendation. However, 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 member of staff's contact with the child concerned, if they are still in the Home.

10. Record Keeping

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, and a copy given to the individual. 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 DO.

Please note - while the national Independent Inquiry into Child Sexual Abuse (IICSA) is on-going, organisations have been told they should   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.

11. Referrals to the Disclosure and Barring Service

If an allegation is substantiated and, the Registered Manager removes the individual from work because they consider that they pose a risk of harm to children (or would have done had the person not left first) they must ensure a referral is made to the Disclosure and Barring Service (DBS) for them to consider whether to add the individual to the barred list. 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 conclusion of any DO investigation.

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 social worker

In cases where it is identified that no significant harm or offence has been committed, the Children’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 and Complaints Procedure).

Additional Training for the staff member should also be considered as appropriate.

Appendix 1: Guidance on What to Say

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 Registered 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 reported to 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 DO.

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 (e.g. Head of Service or other covering manager).

When a child / young person makes a disclosure:

Staff must not give absolute guarantees of confidentiality to those who report possible allegations 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

• Give the child your full attention and demonstrate that you are both listening and hearing them, e.g. put a sign on the door; stop telephone calls etc.
• Ask them if you can take some brief notes (key phrases, short specific detail only) whilst they are talking – but don’t allow this to interfere with the ‘listening process’;
• Maintain eye contact;
• Allow the child to talk, but don't press for information;
• Tell the child throughout 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 informed;
• 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.

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 Registered Manager (unless they are 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.