Responding to an allegation or concern

An allegation against a person working with children can be made by people in a range of different circumstances. Some allegations are made by children, some allegations are made by colleagues or other professionals, others are made by parents or members of the community.

Everyone who receives information about an allegation should take it seriously and keep an open mind as to whether it might be true.

The majority of allegations against professionals or volunteers relate to their behaviours towards a child or children in the workplace. However, some concerns reported to the LADO relate to the professional’s or volunteer’s personal life or to their care of their own children.

Finally, in some cases, there may have been an allegation of abuse against someone closely associated with someone who works with children and there are concerns they may present a risk of harm to children for whom the person is responsible.

In all cases, the general principles set out below apply:

The person receiving the report should:

• make sure children are safeguarded
• write down what has been said and record the circumstances in which the allegation was made
• report the matter to the lead person in agency or organisation where the person works

The person receiving the report should not:

• ask leading questions if seeking clarification
• make assumptions or offer alternative explanations
• promise confidentiality – but assurance should be given that the information will only be shared on a ‘need to know’ basis

The lead person for safeguarding should:

• confirm children are safeguarded
• obtain the written account which has been prepared by the person to whom the allegation was made
• record details of potential witnesses
• record the details of any discussions and the rationale for any decisions that have been made about the child or member of staff

The lead person for safeguarding should not:

• investigate the allegation
• interview the child
• interview the subject
• interview potential witnesses

Refer to LADO within one working day of allegation being made

If an allegation requires immediate attention but is received outside normal office hours, the designated manager should consult the children’s social care emergency duty team or local police and inform the LADO as soon as possible.

Following receipt of a LADO contact form, the duty LADO will make contact with the referrer within one working day, for a discussion. This could result in one of the following possible outcomes:

Advice only

If the concern needs to be addressed by another agency you may be signposted to that agency to follow up and there will be no role for LADO. Your concern may be a low level concern – if the conduct does not warrant further investigation at this stage, we may recommend that a record is made of that concern to be taken into account in the event of further issues arising in the future.

Professional standards

The conduct may not be a safeguarding issue but might relate to professional standards or contractual issues – if this is the case, then it may be an issue for the employer to deal with through their existing policies and procedures.

Evaluation and consultation

Further information may be required to decide on the best course of action. The LADO may need to gather further information or you may be asked to gather additional details or gather information and views from other people involved to assist decision making. The LADO will be able to give you advice in relation to the matter you are concerned about.

Allegations management process or meeting

If the concern meets the LADO threshold, then the LADO will oversee an investigation into the allegation. A plan will be agreed as to actions that need to be taken in relation to the allegation. This may be agreed directly with you or an employer or via an allegations management meeting.

The LADO will be involved until the outcome of an investigation has been reached. This is likely to involve either a series of meetings or regular contact between the LADO and employer until conclusion. The LADO will not investigate the allegations, but will oversee an investigation carried out by the police or an employer or organisation or children’s social care assessment.

The LADO will maintain oversight of any investigations into allegations where the LADO threshold is met, until the conclusion of the investigations, an outcome can be reached and all safeguarding actions have been taken.

Other actions for the LADO include:

• considering whether suspension of the individual is indicated, if the agency/organisation has not yet made the decision the LADO can give advice regarding this
• considering what information can be shared with children and their parents or carers and when an allegation has been made
• ensuring that a referral is made to MASH where the child is considered to be at risk of significant harm
• providing advice about sharing information about the individual against whom the allegation has been made
• ensuring employers are aware of their duty to notify the appropriate regulatory bodies and/or to refer the individual to the Disclosure and Barring Service (DBS)
• considering what information can be shared with the person whom the allegations is about
• considering whether there are any reasons for withholding from the subject that they have been referred to the LADO (such as where this may compromise potential criminal or disciplinary investigations or place children at risk)

Sharing information

Sharing information with the person about whom an allegation has been made

The LADO will give advice to the individuals employer about informing the individual about the nature of the allegation, how enquiries will be conducted and the possible outcomes. The individual should read the LADO guidance titled ‘What happens if an allegation is made against you‘.

All referrals made to the LADO are recorded on the local authority’s electronic record. When the employer informs the subject that an allegation has been made, the employer must ensure that the subject is made aware of this fact.

Sharing information with families

The LADO will advise the employer whether or not informing the parents of the child/ren involved will impede the disciplinary or investigative processes.

Acting on this advice, if it is agreed that the information can be fully or partially shared, the employer should inform the parents. In some circumstances, however, the parents may need to be told straight away (for example, if a child is injured and requires medical treatment).

The parent/s and the child, if sufficiently mature, should be helped to understand the processes involved and be kept informed, by the individuals employer, or other identified agency, about the progress of the case and of the outcome where there is no criminal prosecution. This will include the outcome of any disciplinary process, but not the deliberations of, or the information used, in a hearing.

Sharing information for disciplinary purposes

Wherever possible, police and children’s social care should, during the course of their investigations and enquiries, obtain consent to provide the employer or regulatory body (or both) with statements and evidence for disciplinary purposes.

If the police or CPS decide not to charge, or decide to administer a caution, or the person is acquitted, the police should pass all relevant information to the employer without delay, if required for disciplinary procedures.

If the person is convicted, the police should inform the employer and the LADO straight away so that appropriate action can be taken.

Confidentiality

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 subject (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, manage related disciplinary or suitability processes.

The police should not provide identifying information to the press or media, unless and until a person is charged, except in exceptional circumstances (for example, in an appeal to trace a suspect). In such cases, the reasons should be documented and partner agencies consulted beforehand.

Support

The organisation, together with children’s social care or police (or both), where they are involved, should consider the impact on the child concerned and provide support as appropriate.

Liaison between the relevant agencies should take place in order to ensure that the child’s needs are addressed.

As soon as possible after an allegation has been received, and only once it has been agreed that it is appropriate to share information with the member of staff, they should be advised to contact their union or professional association.

Employers should contact their human resources at the earliest opportunity, as advised by the LADO, in order that appropriate support can be provided via the organisation’s occupational health or employee welfare arrangements.

The employer and the police (if involved) will provide support and signposting to support for the individual against whom the allegation has been made. An employer should identify who the individual can have as a point of contact so that they can communicate and seek support or updates if required.

Suspension

Suspension is a neutral act and it should not be automatic. It should be considered in any case where:

• there is cause to suspect a child is at risk of harm
• the allegation warrants investigation by the police
• 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 member of staff’s home, work or community life.

Where appropriate the LADO should canvass the views from police or other relevant agency on suspension and inform the employer .

Only the employer, however, has the power to suspend an employee and they cannot be required to do so by a local authority or police.

If a suspended person is to return to work, the employer should consider what help and support might be appropriate (for example, a phased return to work or provision of a mentor (or both)), and also how best to manage the member of staff’s contact with the child concerned, if still in the workplace.

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
• it may not be possible to apply any disciplinary sanctions if a person’s period of notice expires before the process is complete

Compromise agreements must not be used in circumstances where, for example, a member of staff agrees to resign provided that disciplinary action is not taken and that a future reference is agreed.

A settlement or compromise agreement which prevents the employer from making a DBS referral when the criteria are met for so doing would likely result in a criminal offence being committed for failure to comply with the duty to refer.

Organised abuse

Investigators should be alert to signs of organised or widespread abuse or the involvement of other perpetrators or institutions (or both). They should consider whether the matter should be dealt with in accordance with complex abuse procedures which, if applicable, will take priority.