Allegations Against Staff or Volunteers

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Allegations Against Staff or Volunteers

SCOPE OF THIS CHAPTER

This chapter provides information about dealing with allegations against staff and volunteers (including supply staff) who have contact with children and young people in their work or activities. They are addressed to employers and organisations responsible for providing services to children, young people and adults who are parents or carers.

AMENDMENT

In November 2023 this chapter was updated.

Introduction
The Difference Between an Allegation of Harm and a Concern
Relevant Statutory Guidance
Non Recent, Organised and Complex Abuse Procedures
Roles and Responsibilities
Initial Response to an Allegation
Consideration of the Allegation
Monitoring and Outcomes
Further National Information
Local Documents

1. Introduction

This procedure outlines the key roles and responsibilities to be undertaken when responding to allegations against staff or volunteers who work with children.

HM Government Guidance Working Together to Safeguard Children 2018 requires organisations and agencies working with children and families to have clear policies for dealing with allegations against people who work with children, defined in Working Together 2018 as “People in Positions of Trust”.

All references within this document to people who work with children, employment, relevant person and / or member of staff should be interpreted as meaning all paid or unpaid staff and volunteers and this includes foster carers and prospective adopters. All references to employers should be interpreted as meaning any agency or organisation with responsibility for paid or unpaid staff and volunteers, including foster carers and prospective adopters. All references to child, children or young people refer to persons under the age of 18 years, in this document referred to as “child”.

A referral to the Local Authority Designated Officer (LADO) does not negate the need for agencies to take any immediate action required to keep children safe. Action to safeguard a child must not be delayed in order to await a LADO meeting. Allegations of harm against a child where Children's Social Care are already involved should prompt an immediate strategy discussion with the police to agree any immediate safeguards required and whether to proceed to section 47 enquiry.

Working Together to Safeguarding Children 2018 identifies the role of the Local Authority Designated Officer (LADO) as that of managing and having oversight of individual cases, provision of advice and guidance to employers and voluntary organisations, liaison with the police and other agencies and the monitoring of cases to make sure they are dealt with as quickly as possible and are consistent with a thorough and fair process.

Department for Education Guidance Keeping Children Safe in Education 2019 outlines additional roles and responsibilities to be undertaken when responding to allegations against teachers, members of staff or volunteers in schools or colleges that provide education for children under 18 years.

In line with Working Together to Safeguard Children 2018 and/or Keeping Children Safe in Education, these DSCP procedures should be applied when there is an allegation that any 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 they may pose a risk of harm to children;
In addition Keeping Children Safe in Education 2020 - Statutory Guidance for Schools and Colleges on Safeguarding Children and Safer Recruitment has added the following:
Behaved or may have behaved in a way that indicates they may not be suitable to work with children.

The last bullet point above includes behaviour that may have happened outside an organisation that might make an individual unsuitable to work with children, this is known as transferable risk.

An allegation can relate to an adult’s behaviour outside work, and their relationships with others, if they:

Have behaved in a way in their personal life that raises safeguarding concerns. These concerns do not have to directly relate to a child but could, for example, include an arrest for the possession of a weapon;
Have, as a parent or carer, become subject to child protection procedures;
Are closely associated with someone in their personal lives (e.g. partner, member of the family or other household member) who may present a risk of harm to child/ren for whom the adult is responsible in their employment/volunteering.

Harm is not defined but includes allegations in relation to sexual, physical, emotional harm and / or neglect. Both Working Together 2018 and Keeping Children Safe in Education include definitions and examples of the above categories of abuse and further examples are outlined below. This procedure can also be used where there appear to be patterns of behaviour that cause concern.

In addition to definitions outlined in Working Together 2018 and Keeping Children Safe in Education:

Sexual harm could include allegations of inappropriate sexual behaviour including, but not limited to:

Engaging in sexual activity with a child under 18 if in a position of trust in respect of that child, even if consensual (Sections16-19 Sexual Offences Act 2003). The Police, Crime, Sentencing and Courts Act 2022 has extended the definition within the Sexual Offences Act 2003 section 22A to include anyone who coaches, teaches, trains, supervises or instructs a child under 18, on a regular basis, in a sport or a religion;
Grooming - meeting a child under 16 with intent to commit a relevant offence (Section15 Sexual Offences Act 2003);
Other grooming behaviour giving rise to concerns of a broader child protection nature (for example: inappropriate communication and contact - texts, e-mail messages or the sending or receiving of images and gifts)
Possession, distribution and/or making of indecent photographs / pseudo-photographs, videos or live streaming of children.

Physical harm could include, but not limited to:

Hitting or throwing something at a child.
Restraints where, for example, the force used was unreasonable or disproportionate, where the restraint was unwarranted in the circumstances, or could have been reasonably avoided, or where the injuries are not consistent with the level of force reported.
Cases when seclusion has been used in other than exceptional circumstances.

Emotional harm could include, but is not limited to:

Deliberately silencing or making fun of what children are saying or how they communicate;
Serious bullying causing children to feel frightened or in danger.

Neglect could include, but is not limited to:

Failing to provide adequate supervision;
Failing to ensure access to appropriate medical care or treatment.

In addition, these procedures should be considered when there is an allegation that any person who works with children has behaved in a way, that raises safeguarding concerns, for example:

Possession of a weapon, domestic abuse and/or the sexual or physical assaults of an adult;
When, as a parent or carer, children have become subject to Child Protection Plan;
Where they are closely associated with someone in their personal lives (e.g. partner, member of the family or other household member) who may present a risk of harm to a child.

This will enable an assessment to be undertaken where there are concerns of transferability of risk to children they work or volunteer with.

The above examples are not exhaustive, if in doubt, seek advice from the LADO.

These procedures should be followed where a person's employment is covered by The Childcare Act 2006 and where they are living in the same household where another person who is disqualified lives or is employed (a person is disqualified if they are found to have committed' an offence which is included in the 2009 Regulations (a relevant offence). See statutory guidance The Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment Regulations 2018 (“the 2018 Regulations”).

It is also important to note that whilst not specifically covered by statutory guidance safeguarding concerns involving family members and/or associates of individuals to which this procedure applies should also be considered and discussed with the LADO for risk to be fully assessed. (For example, someone who works in a school whose partner has sexual convictions involving a child). Reporting such concerns to the organisation where the person works, or a LADO, will ensure that enquiries are undertaken to review whether the association poses any risk towards children through their work.

LADOs must consider transferrable risk. If someone behaves towards a child in their personal life, in a manner which would fulfil LADO criteria then LADO must consider transferrable risk to the children they work/volunteer with, in a position of trust.

These procedures should also be followed where allegations are made against an under 18-year-old who is in a position of trust in relation to anyone under the age of 18. For example, where they might be involved in sport, babysitting or in community activities.

Where an allegation reported to the LADO involves a person who also works in the adult workforce, the LADO will contact the relevant Local Authority Adult Lead to establish who will assume lead responsibility for management and oversight of the case. The LADO will continue to have responsibility for the management and oversight of action required in line with this DSCP procedure.

The LADO does not manage individual complaints or grievances relating to any investigation or action by a third party. Individual organisations have responsibility to manage any complaints in line with their own procedures.

The effectiveness of these procedures is monitored and evaluated by the DSCP.

All references in this chapter to 'staff or members of staff' should be interpreted as meaning all paid or unpaid staff/professionals and volunteers, including for example foster carers, approved adopters, child minders and supply staff. This chapter also applies to any person, who manages or facilitates access to an establishment where children are present.

2. The Difference Between an Allegation of Harm 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 harm to a child/ren or that the alleged behaviour indicates the individual may pose a risk of harm to children (or otherwise meet the criteria above).

Keeping Children Safe in Education provides this definition of a low-level concern:

The term ‘low-level’ concern does not mean that it is insignificant. A low-level concern is any concern – no matter how small, and even if no more than causing a sense of unease or a ‘nagging doubt’ - that an adult working in or on behalf of the school or college may have acted in a way that:

Is inconsistent with the staff code of conduct, including inappropriate conduct outside of work; and
Does not meet the harm threshold or is otherwise not serious enough to consider a referral to the LADO.

Examples of such behaviour could include, but are not limited to:

Being over-friendly with children;
Having favourites;
Taking photographs of children on their mobile phone, contrary to school policy;
Engaging with a child on a one-to-one basis in a secluded area or behind a closed door; or
Humiliating pupils.

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 been made against the employee – is there a pattern developing?

Keeping Children Safe in Education, Part 4, Section 2 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.

As good practice, agencies may wish to include the LADO in discussions as to whether the issue should be dealt with as an allegation of harm or a concern. If the decision is reached that the concern falls short of the harm threshold, there may still be a role for the LADO to provide advice and support to the employer. 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. The LADO should keep a record of the number of consultations that are determined to be low-level by employers and include that information in their annual report to the LSCP.

Where it is decided that the incident does not meet the threshold of harm/risk of harm and is a concern only, then the employer should take steps to ensure any conduct or behaviour issues are addressed with the member of staff through normal employment practices.

Schools and colleges should have policies and processes to deal with low-level concerns which do not meet the harm threshold and should ensure that they promote an open and transparent culture in which all concerns about all adults working in or on behalf of the school or college (including supply teachers, volunteers and contractors) are dealt with promptly and appropriately.

Keeping Children Safe in Education sets out the following in relation to concerns that do not meet the harm threshold/low-level concerns. Whilst this guidance is directed at schools and colleges, it may be of interest to other agencies:

Sharing low-level concerns

Schools and colleges should ensure that their low-level concerns policy contains a procedure for sharing confidentially such concerns which is clear, easy to understand and implement. Whether all low-level concerns are shared initially with the Designated Safeguarding Lead (DSL) (or a nominated person (such as a values guardian/safeguarding champion)), or with the headteacher/principal is a matter for the school or college to decide. If the former, then the DSL should inform the headteacher/principal of all the low-level concerns and in a timely fashion according to the nature of each particular low-level concern. The headteacher/principal should be the ultimate decision-maker in respect of all low-level concerns, although it is recognised that depending on the nature of some low-level concerns and/or the role of the DSL in some schools/colleges, the headteacher/principal may wish to consult with the DSL and take a more collaborative decision-making approach.

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.

Recording low-level concerns

All low-level concerns should be recorded in writing. The record should include details of the concern, the context in which the concern arose, and action taken. The name of the individual sharing their concerns should also be noted, if the individual wishes to remain anonymous then that should be respected as far as reasonably possible.

Schools and colleges can decide where these records are kept, but they must be kept confidential, held securely and comply with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).

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, the school or college should decide on a course of action, either through its disciplinary procedures or where a pattern of behaviour moves from a low-level concern to meeting the harm threshold, in which case it should be referred to the LADO. Consideration should also be given to whether there are wider cultural issues within the school or college that enabled the behaviour to occur and where appropriate policies could be revised, or extra training delivered to minimise the risk of it happening again.

It is for schools and colleges to decide how long they retain such information, but it is recommended that it is retained at least until the individual leaves their employment.

Responding to low-level concerns

The school or college low-level concerns policy should set out the procedure for responding to reports of low-level concerns. If the concern has been raised via a third party, the headteacher/principal (or a nominated deputy) should collect as much evidence as possible by speaking:

Directly to the person who raised the concern, unless it has been raised anonymously; and
To the individual involved and any witnesses.

The information collected will help them to categorise the type of behaviour and determine what further action may need to be taken. This information needs to be recorded in writing along with the rationale for their decisions and action taken.

More detailed guidance and case studies on low-level concerns can be found in Developing and Implementing a Low-level Concerns Policy (Farrer & Co.).

3. Relevant Statutory Guidance

4. Non Recent, Organised and Complex Abuse Procedures

Disclosures of child abuse are sometimes made by adults and young people a period after the abuse has occurred. For the purposes of this procedure non-recent abuse is defined as where the reported abuse occurred over one year before it was disclosed and/or reported.

Investigators should be alert to the signs of organised or widespread abuse and/or the involvement of other perpetrators or institutions. The LADO may refer to the Head of Children's Social Care if concerns have come through the LADO process.

See Organised and Complex Abuse Procedure.

5. Roles and Responsibilities

Employer / Organisations

All organisations should identify a Senior Manager with responsibility for:

Ensuring their organisation deals with allegations in accordance with these procedures;
Resolving any inter-agency issues which impede the implementation of these procedures.

Where there is no employer, organisation or regulatory body, the LADO will determine with the other agencies involved, who will inform the individual of the allegation and who will take forward any actions necessary in relation to the case.

All organisations (including School Governors, Trustees and Voluntary Organisations) must have clear policies in place setting out the process, including timescales for investigation and what support and advice is available to individuals against whom allegations have been made. The individual policies and procedures must explain what should happen when allegations about a member of staff and/or volunteer are raised and make a clear distinction between an allegation, a concern about the quality of care or practice or a complaint. The policies and procedures must include the requirement to nominate a Senior Manager to whom the allegations are reported. It should be the responsibility of the Senior Manager to report relevant allegations to, and liaise with, the LADO. All policies and procedures should be consistent with this Chapter and other relevant sections of the Child Protection Procedures.

Relevant regulatory, governing or professional bodies that may not have a direct employment relationship with the individual have the responsibility to consider whether to continue to use an individual's services, or to approve an individual for work with children in future, or to de-register the individual.

There is a legal duty for regulated activity providers and personnel suppliers to make a referral to the DBS where they have permanently removed a person from regulated activity through dismissal or permanent transfer from regulated activity, (or would have done if the person had not left, resigned, retired or been made redundant).

If the LADO is concerned that the employer is not dealing with the matter effectively, the LADO may refer the matter to the governing body, including Ofsted, charitable commission and/or the independent inspectorate.

Local Authorities

In line with Working Together to Safeguard Children 2018 and Keeping Children Safe in Education Durham County Council has a designated officer (LADO) who is involved in the management and oversight of allegations against people who work with children.

Whistle-blowing

All employers and organisations should ensure that staff are aware of relevant whistle-blowing policies and that their employees feel confident to voice concerns about the behaviour or actions of colleagues. Whistle-blowing policies should include the procedure for reporting safeguarding concerns and the ability to directly report to the LADO in circumstances outlined below.

If an employee of an organisation believes that a reported allegation is not being dealt with appropriately by their organisation, they should report the matter to the LADO.

Local Authority Designated Officer

The LADO will:

Receive reports about allegations relevant to this procedure and be involved in the management and oversight of such cases;
Provide advice and guidance to employers and voluntary organisations;
Liaise with police and other agencies;
Monitor the progress of cases to ensure they are dealt with as quickly as possible, consistent with a thorough and fair process;
Provide advice and guidance to employers, organisations and regulated activity providers and personnel suppliers in relation to making referrals to DBS and/ or to relevant regulatory bodies including Ofsted and, Teacher Regulation Agency.

The LADO does not investigate allegations; this responsibility lies with the employer/ organisation and / or the police. The LADO will not have direct communication with the person subject of the allegation or provide advice and support to the person subject of the allegation. The LADO will not provide HR advice in respect of suspension or dismissal.

The LADO has the responsibility to ensure that any reported allegations against relevant individuals are not dealt with in isolation. Any safeguarding and support requirements in relation to the child or children and other parties involved will be actioned as appropriate. Where urgent this will be reported without delay and in all cases managed by those responsible in a co-ordinated way.

The LADO will liaise with a LADO from another Local Authority area where there is a case that covers more than one Local Authority area. The LADO case management will sit with the authority where the individual subject of an allegation works. However, where appropriate, a joint LADO Allegations meeting may take place.

Police

Durham Police Detective Inspectors will:

Have strategic oversight of the local police investigations for managing specific allegations against staff and volunteers. This will include, for example, responsibility for informing partners of changes to police practice (such as the changes to bail conditions) and keeping partners aware of the number of cases they are dealing with and any themes which emerge from them;
Ensure compliance with these procedures.

Where the case involves a police investigation, the police officer for the case will have responsibility for liaising with the LADO on the progress of the case.

Durham Police Detective Sergeants are the designated leads to:

Liaise with the LADOs;
Take part in relevant meetings / discussions;
Review the progress of cases in which there is a police investigation;
Share information as appropriate, during and on completion of an investigation or related prosecution.

Children and Young People's Service

Durham Families First Teams will arrange Strategy meetings, undertake assessments and provide help and / or services where the criteria are met under Working Together to Safeguard Children 2018. Where a Strategy meeting is held the LADO will attend and the Allegations Meeting will follow the Strategy meeting.

Durham County Council CYPS Education and Skills and/ or Inclusion will lead on safeguarding concerns relating to schools and settings where they do not relate to a named individual.

6. Initial Response to an Allegation

Identification and initial action

An allegation raised about a relevant individual may arise from several sources, for example, a report from a child, an adult in the organisation, or a parent or carer.

It may not always be clear whether an incident constitutes an allegation, whether a child has been harmed, or the person poses a risk of harm. In such circumstance's advice should be sought from the LADO.

The person to whom an allegation or concern is first reported should treat the matter seriously and keep an open mind. They should not:

Investigate or ask leading questions;
Make assumptions or offer alternative explanations;
Promise confidentiality.

Allegations involving an immediate risk to a child or a safeguarding concern that requires an urgent response should be reported immediately to the police by calling 999 (emergency) or 101 (non-emergency).

In all other cases (not reported directly to the police) the action should follow the organisation's procedures, which should include the following:

Making a written record of the information (where possible in the child / adult's own words), including the time, date and place of incident/s, persons present and what was said;
Signing and dating the written record;
Immediately reporting the matter to the Senior Manager, or the Deputy in their absence or; where the Senior Manager is the subject of the allegation the nominated individual as per the organisation's procedure.

Reporting to LADO

The Senior Manager should review the information and:

Identify whether it meets the harm /risk of harm threshold and is therefore an allegation. If so, they should follow the procedures below and make a referral to the LADO within one working day;
If the Senior Manager is unclear whether it meets the harm / risk of harm threshold they should seek advice from the LADO.

In urgent cases where the allegation or concern relates to an immediate risk to a child or safeguarding concern that requires an urgent response Durham Police and/or the Emergency Duty Team should be contacted. Durham Police should be contacted on either 999 (Emergency) or 101 (Non-Emergency) and the Local Authority Emergency Duty Team on 03000 267979. In such cases, Durham Police or Emergency Duty Team will advise on what information can initially be shared with any child, parent/carer, relevant individual and/or third parties. The LADO should be informed as soon as possible.

To make a referral to the LADO, the contact number is 03000 268835.

In all cases, the LADO will take appropriate advice from Durham Police and / or Durham Families First Team regarding what information can initially be shared with any child and/or children, parents and/or carers, relevant individual and/or third parties.

Confidentiality and Information Sharing

The security and management of sensitive information is of paramount importance. The LADO co-ordinates the sharing of information across organisations, however, in all cases where there is an on-going police investigation the police investigating officer will lead on the management of information sharing in relation to the police investigation. The LADO will liaise closely with the police lead and organisation lead to ensure that effective information sharing takes place.

Every effort should be made to maintain confidentiality and guard against publicity while an allegation is being investigated or considered. Apart from keeping the child, parents and accused person (where this would not place the child at further risk) up to date with progress of the case, information should be restricted to those who have a need to know in order to protect children, facilitate enquiries and manage any related disciplinary or suitability processes.

Section 13 of the Education Act 2011 introduced restrictions implemented in September 2012 on the publication of any information that would identify a teacher who is the subject of an allegation of misconduct that would constitute a criminal offence, where the alleged victim of the offence is a registered pupil at the school.

Such restrictions remain in place unless or until the teacher is charged with a criminal offence, though they may be dispensed with on the application to the Magistrates' Court by any person, if the court is satisfied that it is in the interests of justice to do so, having regard to the safety and wellbeing of:

The person who is the subject of the allegation; and
The victim of the offence to which the allegation relates.

There is a right of appeal to the Crown Court.

This restriction will apply to allegations made against any teacher who works at a school, including supply and peripatetic teachers. School includes Academies, Free Schools, Independent Schools and all types of maintained schools.

There is an offence of publishing any information in breach of these restrictions. Publication includes any communication, in whatever form, which is addressed to the public at large or any section of the public.

Effective sharing of information with other professionals is vital to safeguard and promote the wellbeing of children. The General Data Protection Regulations (GDPR) provide a framework to ensure that information is shared appropriately, and further guidance can be found here.

7. Consideration of the Allegation

Initial Consideration by LADO

The LADO will make an initial assessment, from the information provided in the referral, to determine if the threshold for implementing these procedures is met:

In cases where it is not clear whether the threshold has been met, the employer/organisation and the LADO should discuss the incident and agree whether it meets the threshold. Consideration should be given to the risk or potential risk to both the child/children directly affected by the issue and any other children who may also be at risk;
Where it is decided that the incident does not meet the threshold of harm/risk of harm, then the employer/organisation should take steps to ensure any conduct or behaviour issues are addressed with the person through normal employment/organisation practices. There will be no further action from the LADO at this stage and the LADO will make a record;
The LADO and the employer/organisation will record and agree the rationale for this decision. In circumstances where there is disagreement about whether the threshold is met the matter can be escalated to the LADO Manager.

There are three possible strands in the consideration of an allegation:

A police investigation of a possible criminal offence;
Children's Services enquiries and/or assessment about whether a child is in need of protection or services;
Consideration by an employer / organisation / regulatory body of any action in relation to possible performance/ conduct issues.

The LADO will consult with a Durham Police designated lead in relation to all allegations that are of a sexual nature and any allegations of physical harm, emotional harm or neglect where there are concerns a criminal offence may have been committed.

The LADO will determine if a face to face Allegations meeting is needed at this stage, or whether information can be shared effectively between relevant parties through a discussion. This decision will be made on the complexity of the information to be shared and on the actions that will need to be determined. Details of any discussions will be fully recorded and shared with those involved.

If a meeting is to take place it will be arranged to take place within 3 working days of the allegation being referred to the LADO. If this timescale cannot be met the reasons will be recorded on the case file.

The LADO's primary responsibility is the safeguarding of children and this will be the only issue a LADO will take into consideration when/how the person subject of the allegation is informed. Prior to a meeting, it will be agreed between relevant parties what information can be shared with the employee, the child and their parent or carer. It will be agreed what information needs to be brought to the meeting by those attending.

Allegation Management

The LADO will check that there are no potential conflicts of interest from those attending the meeting and if so, consider how to manage the situation.

An Allegation Meeting / Discussion will decide and agree a plan for managing the allegation. Many cases can be managed through a discussion between the Senior Manager, the police, any other relevant agency and the LADO. Where communication is via phone or e-mail, detailed records should be kept for audit purposes on the organisation's case files.

An Allegation Meeting will normally only be convened where there is an allegation of a possible criminal offence and police are attending and / or where it is agreed by relevant parties that the case is complex.

The Allegation Meeting / discussion will be chaired by the LADO. If there is evidence of a possible criminal offence it will be attended by the Durham Police (Police Lead), the social work manager for the child (where there is one], and the organisation's nominated senior manager. Employers are advised to bring a Human Resources Advisor. It may be appropriate to invite a regulatory body to attend e.g. for allegations against those involved in sporting activities or Ofsted in the case of childminders and managers of child care settings. Other relevant parties can, and will, be determined and invited on a case by case basis by the LADO in agreement with the core group of invitees. Person/s representing the voice of the child should be invited. If this is not possible, the LADO will ensure that the voice of the child is represented by other means.

The Allegation Meeting / discussion should:

Check and record that there is no conflict of interest from those attending;
Agree information sharing and confidentiality;
Share all information known about the allegation and all actions to date;
Share all appropriate information about the person who is the subject of the allegation;
Consider the current allegation in the context of any previous allegations or concerns;
Ensure any specific information provided by any child, parent/carer, relevant individual and / or other party are considered;
Where appropriate, take account of any requirement by staff to use reasonable force to control or restrain children;
Consider whether a complex abuse investigation may be applicable;
Co-ordinate enquiries and agree the investigative strategy, including, if needed, Police / Children's Services investigation / enquiries and set timescales;
Consider whether any parallel disciplinary process can take place and agree protocols for sharing information;
Decide what information can be shared, with whom and when.

The Allegations meeting / discussion should:

Record the evaluation of the information shared and any assessment of risk;
Record what arrangements are in place to manage the safeguarding of any child/ren involved and any other child/ren affected (by who and when);
Record what support should be provided to all children who may be affected (by who and when) that have not already been identified and managed through strategy or complex case meetings;
Outline how the voice of the child and/or parent/carer will be “heard” and managed within an investigation and how they will be kept up to date with the progress of an investigation and the DSCP process;
Record if a strategy meeting has been or will be held in relation to any of the children;
Record what support arrangements are in place for the relevant individual and others who may be affected and how they will be kept up to date with the progress of an investigation and the DSCP process;
Ensure that any investigation can be sufficiently independent;
Ensure that a plan is in place by the employer/organisation to enable the relevant individual to make appropriate representation during an investigation and the DSCP process:
- Discuss whether suspension is appropriate and if there are any reasonable alternatives. N.B. The decision to suspend lies with the employer/organisation.
Identify a Lead Manager within each agency;
Agree appropriate timescales for any organisation updates to the LADO having regard to the target timescales;
Consider and record strategic issues for the attention of relevant agency senior management (e.g. media interest, resource implications);
Consider and record if a referral should be made, in terms of interim prohibition, to a regulatory body (by who and when);
Agree dates for future Allegation meetings / discussions.

The record of the LADO meeting is not verbatim, it is a summary of the discussion and allows for clear decisions and actions to be recorded.

Timescales

All allegations should be investigated as a priority by those concerned to avoid any delay. The time taken to investigate and resolve individual cases depends on a variety of factors including the nature, seriousness and complexity of the allegation, but the below targets should be achieved in all but exceptional cases. Target timescales are from Keeping Children Safe in Education.

For those cases where it is clear immediately that the allegation is unsubstantiated or malicious, they should be resolved within one week;
Where the initial consideration identifies that the allegation does not involve a possible criminal offence it will be for the employer/organisation to deal with it, following discussion and agreement with the LADO. If the allegation does not require formal disciplinary action, the employer/organisation should instigate appropriate action within three working days;
If a disciplinary hearing is required and can be held without further investigation, the hearing should be held within 15 working days.

Consideration of Suspension

The power and decision to suspend lies with the employer/organisation. Neither Children's Services nor the police or the LADO can require employers or organisations to suspend a person.

However, where it is concluded that there should be enquiries by Children's Social Care and/or an investigation by the police, the LADO should canvass police and Children's Social Care for their views about whether the accused person needs to be suspended from contact with children in order to inform the employer's/organisation's consideration of suspension and they should give appropriate weight to their advice.

Suspension should be considered only in cases where there is cause to suspect a child or other children at the place of employment is/are at risk of harm or the case is so serious that it might be grounds for dismissal. The organisation's nominated Senior Manager must consider carefully whether the circumstances warrant suspension from contact with children and may wish to seek advice from their HR adviser and / or legal adviser and the LADO. If the case involves a police investigation, then the police lead should also be included in any discussion as this may be relevant in relation to planned police investigatory action.

The organisation's nominated Senior Manager should also consider whether the result that would be achieved by immediate suspension could be obtained by alternative arrangements. Based on an assessment of risk by the employer, the following alternatives should be considered by the Senior Manager before suspending a member of staff:

Redeployment so that the individual does not have direct contact with the child or children concerned;
Providing an assistant to be present when the individual has contact with children;
Redeploying to alternative work so the individual does not have unsupervised access to children;
Temporarily redeploying the member of staff to another role in a different location.

If immediate suspension is considered necessary, the rationale and justification for such a course of action should be recorded by the Senior Manager and provided to the LADO. This record should also include what alternatives to suspension have been considered and, if they were rejected, why.

Written confirmation of any suspension should be sent by the employer/organisation to the person subject to the allegation within one working day, giving as much detail as appropriate for the reasons for the suspension. They should be informed at the point of their suspension who their named contact is within the organisation and provided with that person's contact details.

In the case of foster carers, the responsible authority should give consideration as to whether the child or children can remain in the placement, and/or whether there should be temporary freezing of the placement.

Notifications and Responsibilities

It is the responsibility of the employer /organisation to inform the parent(s)/carer of any allegation that relates to their child. It is also the employer's/ organisation's responsibility to keep them up to date about the progress of the case. N.B. Where there is a Police investigation or Children's Social Care enquiries this responsibility may pass to / or involve the Police or Children's Services by agreement.

It is the responsibility of the employer /organisation to inform the individual of the details of the allegation, following agreement with the LADO and any other agencies about what can be shared.

It is the responsibility of the employer /organisation to keep the relevant individual up to date with the progress of the case and to give them the opportunity to participate fully in any investigation and to make full representation.

It is the responsibility of the employer /organisation to ensure the relevant individual is aware of the possible outcomes and the implications in terms of references and referrals.

At the conclusion of the case it is the responsibility of the employer /organisation to formally inform the parent, child/ren and any other relevant individual of the outcome of the case and the outcome of any internal / disciplinary process, in confidence.

8. Monitoring and Outcomes

Monitoring

The LADO should monitor and record the progress of each case, on a regular basis depending on its complexity, but usually on a monthly basis. Where the target timescales for completion cannot be met, the LADO should record the reasons and these should be outlined and recorded in the final review. The final review will include discussions with Police, Employers, Children's Services as appropriate. The LADO can convene review / update meetings / discussions as appropriate.

Outcomes

On concluding the case, there will be a final LADO review meeting / discussion involving all relevant parties who were involved in the initial meeting / discussion.

The final review meeting/discussion will consider relevant information gathered during the investigation and the outcome of the investigation. The main purpose of the final meeting is to determine the outcome of the allegation(s) (in line with Working Together 2018 and Keeping Children Safe in Education 2019). The outcomes are outlined below:

No Further Action: Allegation, after consideration, does not meet the criteria for these procedures;
Substantiated: there is sufficient evidence to prove the allegation;
False: there is sufficient evidence to disprove the allegation;
Malicious: there is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive;
Unfounded: to reflect cases where there is no evidence or proper basis which supports the allegation being made;
Unsubstantiated: there is insufficient evidence to prove or disprove the allegation. The term, therefore, does not imply guilt or innocence.

The outcome of the allegation will be determined and recorded in detail.

The employer will inform the relevant individual of the outcome in writing, including:

A comprehensive summary of the allegation;
Details of how the allegation was followed up and resolved;
Relevant employer's action taken, and decisions reached;
Whether the allegation will be referred to in future references by the employer;
How long any records will be retained by the employer;
If there will be a referral to DBS and / or any regulatory body by the employer.

False or malicious allegations may be an indication of abuse elsewhere and this should be explored further to determine if the child might have been abused by someone else and, where appropriate, a referral made to the Children's Services.

There is no appeal to the outcome of the Safeguarding LADO process. Where there is no admittance, caution or conviction, participants will make a decision considering all the information shared in the process. The adjudication is a multi-agency informed professional decision based on the balance of probability, which is a lower threshold than beyond all reasonable doubt and that is used in a court of law.

Employment Record Keeping and References

Keeping Children Safe in Education 2019 indicates that details of allegations that are found to have been malicious should be removed from the employer's personnel records. In all other cases a copy of the details above should be kept on the employer's/organisation's confidential personal file of the relevant individual. The purpose of the record is to enable accurate information to be given in response to any future request for a reference, where appropriate. It will provide clarification in cases where future DBS checks reveal information from the police about an allegation that did not result in a criminal conviction and it will help to prevent unnecessary re-investigation if an allegation re-surfaces after a period.

The record should be retained at least until the person subject to the allegation has reached normal pension age or for a period of 10 years from the date of the allegation if that is longer.

Substantiated allegations should be referred to in future references. Cases in which an allegation was determined to be NFA, false, unsubstantiated, unfounded or malicious should not be included in references. A history of repeated concerns or allegations which have all been found to be false, unsubstantiated or malicious should also not be included in any reference.

Referral to Disclosure and Barring Service and Regulatory / Professional Bodies

There is a legal duty for regulated activity providers (employers or volunteer managers of people working in regulated activity) and personnel suppliers to make a referral to the DBS where an individual in Regulated Activity has:

Been cautioned or convicted of a relevant (automatic barring) offence; or
Engaged in relevant conduct in relation to children that has harmed a child or put them at risk of harm; or
Satisfied the Harm Test in relation to children (i.e. no action or inaction occurred but the present risk that it could was significant).

If an allegation is substantiated and the person is dismissed or the regulated activity provider or personnel supplier ceases to use the person's service or the person resigns or otherwise ceases to provide his/her services, there is a legal duty for the regulated activity provider or personnel supplier to make a referral to the DBS.

Under the Safeguarding and Vulnerable Groups Act 2006 Local Authorities, Keepers of Registers and Supervisory Authorities have a legal power to refer. A referral can also be in the interests of safeguarding children where the person has not been removed from working in regulated activity. This could include acting on advice of the police or a safeguarding professional, or in situations where there is not enough evidence to dismiss or remove a person from working with vulnerable groups. Legal advice should be sought in such cases.

Full guidance is available on the DBS website.

Early Years and Childcare Providers should inform Ofsted of any allegation of serious harm or abuse by any person living, working or looking after children at the premises. Ofsted should also be invited to take part in any subsequent meetings / discussions, as appropriate.

A senior manager or fostering agency should inform Ofsted of all allegations made against a foster carer, prospective adopter, or member of staff in a residential childcare facility.

If the relevant individual is a member of a regulatory or professional body a referral should be made to them as appropriate by the employer/organisation.

Resignations and Compromise Agreements

Every effort should be made to reach a conclusion in all cases even if the individual refuses to cooperate, having been given a full opportunity to answer the allegation and make representations in person and / or in writing.

‘Settlement agreements' (sometimes referred to as compromise agreements), by which a person agrees to resign if the employer agrees not to pursue disciplinary action, and both parties agree a form of words to be used in any future reference, should not be used in cases of refusal to cooperate or resignation before the person's notice period expires. It is important to reach and record a conclusion and to determine what action would have been taken, wherever possible, and to make a referral to DBS if the criteria are met.

Any settlement/compromise agreement that would prevent a regulated activity provider or personnel supplier making a DBS referral even though the criteria for referral are met, is likely to result in a criminal offence being committed as they would not be complying with their legal duty to make the referral.

Escalation

On occasions professionals involved in making a consultation may not agree with the outcome of the consultation. In these instances, they should escalate their concerns to the LADO Strategic Manager for further scrutiny. In the event that the LADO Strategic Manager has made the decision the matter should be escalated to the Head of Service, who will review the information and decision making.

In the event that the referrer still does not agree with the decision they should escalate the matter to the Chair of Durham Safeguarding Children Partnership.

If any of the professionals are unhappy regarding the manner in which the LADO meeting has been chaired and the decision made within the meeting, the same escalation procedure should be followed.

The complaint will be investigated by the appropriate person and an outcome shared within 10 days of the initial complaint. Any further escalation should be made within 7 days of the receipt of the outcome.

Learning Lessons

At the final Allegations Review meeting/discussion, or at an earlier opportunity if appropriate, the LADO should consider whether there are any areas for learning from a specific case (this can involve discussions with other key managers involved with the case) and raise any issues with the LADO Manager. There should also be consideration as to whether it meets the threshold for a Child Safeguarding Practice Review or Learning Lessons Review. See Child Safeguarding Practice Reviews Procedure.

New Information and Complaints

If any individual considers, after the conclusion of a case, that there exists substantial new / additional information that was not available at the Final Allegations Review, they can write to the LADO Manager. The LADO Manager will consider whether the information provided would have made a material difference to the outcome categorisation made at the Final Allegations Review and whether any further investigation or review is appropriate. The Manager will notify in writing to the reportee any determination made and/or action taken.

Any complaint about any aspect of the investigation of an allegation, or specific action taken by organisations, should be directed to the relevant organisation. In the case of a police investigation or action, this should be to the police force undertaking the investigation. In the case of an employment/voluntary activity/ regulatory body related investigation or action, this should be to the organisation responsible. The LADO is not responsible for the conduct of an investigation, or decisions made by specific organisations in furtherance of that organisation's legislative or procedural requirements.

Any complaint in relation to the application of the DSCP Procedures that does not fit the criteria should be made in writing and directed to the LADO Manager. These cases will be considered under DCC and /or DSCP procedures on a case by case basis.

Further National Information

Keeping Children Safe in Education: Statutory Guidance for Schools and Colleges

Local Documents

Low Level Concerns Policy and Guidance for Schools

DurhamSafeguarding Children Partnership Procedures Manual