Allegations Against Staff
Scope of this chapter
This chapter outlines the key responsibilities/procedures that must be followed when an allegation is made against a member of staff/Manager in a Home, School or Service.
Allegations could be received from the child / young person concerned, their parent/carer or friend, a member of staff working in a Home, School or Service or another professional. Allegations in relation to an employee’s home or private life which may have implications for children with whom that person has contact at work or in the organisation should also be dealt with under these procedures.
This procedure should be read in conjunction with Whistleblowing or Raising Concerns at Work Safeguarding and Child Protection Policy (The Willows School) and the relevant Multi-Agency Safeguarding Procedures.
Relevant Regulations
The Protection of Children Standard in Residential Homes
Staff Code of Conduct for Schools
Related guidance
- Working Together to Safeguard Children (Statutory Guidance)
- Keeping Children Safe in Education (Statutory Guidance)
- Making Barring Referrals to the DBS
This guidance should be followed in relation to any allegation that a person who works at Prosperity Children’s Services (PCS) 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; 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 at PCS or another professional. Allegations in relation to a person's home or private life should also be dealt with under these procedures.
Children must be listened to and enabled to report any allegations at the earliest opportunity. Staff should report any allegation of abuse immediately to a senior manager within the Home, School or Service, or the Head of HR.
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/ member of teaching staff - 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.
Investigations into allegations or suspicion of harm will be shared with the appropriate agencies and handled fairly, quickly and in accordance with statutory guidance. Children will be supported and protected. Support will be given both to the person making the allegation and the person who is the subject of the allegation.
See also Safeguarding Children and Young People and Referring Safeguarding Concerns Procedure and Appendix 2: LADO Referral Contact Details and Flowchart.
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 Section 1).
Concerns that do not meet this threshold may constitute a conduct or disciplinary issue and should be addressed using the appropriate organisational procedures. Please also see below about ‘low level’ concerns.
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, Head Teacher or Responsible Individual.
Keeping Children Safe in Education (KCSIE), Part 4, Section 2 provides guidance for schools and colleges, which must be followed when considering low-level concerns at The Willows School.
Low Level Concerns
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 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 children.
Such behaviour can exist on a wide spectrum, from the inadvertent or thoughtless, or behaviour that may look to be inappropriate, but might not be in specific circumstances, through to that which is ultimately intended to enable abuse.
Low-level concerns may arise in several ways and from a number of sources. For example: suspicion; complaint; or disclosure made by a child, parent or other adult within or outside of the organisation; or as a result of vetting checks undertaken.
It is crucial that all low-level concerns are shared responsibly with the right person and recorded and dealt with appropriately. Ensuring they are dealt with effectively should also protect those working in or on behalf of the school from becoming the subject of potential false low-level concerns or misunderstandings.
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, School or Service. 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.
PCS encourages and empowers all staff to share any low-level safeguarding concerns:
- *Harm” is the “ill treatment or the impairment of the health or development of the child” (Section 31, Children Act 1989;
- Seeing or hearing the ill-treatment of another person is also a form of harm (Section 120, Adoption and Children Act 2002;
- Harm can be determined “significant” by “comparing a child’s health and development with what might be reasonably expected of a similar child”.
The Children Act 1989 introduced Significant Harm as the threshold that justifies compulsory intervention in family life in the best interests of children. Physical Abuse, Sexual Abuse, Emotional Abuse and Neglect are all categories of Significant Harm.
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 will be held securely and comply with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR)and will be kept for a minimum of 12 months after the individual leaves our 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.).
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/Head Teacher should speak to the child/young person and staff member concerned with a view to resolving the issue. They should try to establish if there are any underlying issues which need to be addressed. In school, it is important in such cases to provide the child with information about the School’s Complaints Procedure. In the Home children should be referred to the Complaints by and On Behalf of Children Procedure, reminding 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 about any concerns they have.
Such matters should be fully reported on the child’s Safeguarding File, including the actions of the Home, School or Service and any outcome.
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.
The Home's registered, or through delegation a senior manager, Head Teacher or Head of Outreach is responsible for coordinating the response to any concerns or allegations against staff. (Note that this procedure will use the term ‘senior manager’ to reference the manager in the Home, School or Outreach Service who is responsible for responding to concerns or allegations).
Where there is a lack of clarity or the senior manager is uncertain, they should seek an independent view from the child’s social worker or team manager or the LADO, as appropriate.
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, School or Service is clear about what they should do in the event of a disclosure.
In line with safeguarding and child protection training, the person to whom an allegation or concern is first reported should reassure the child / person that they have done the right thing by making a report and explain what will happen next, including who the information will be shared with.
It is important to:
- Listen carefully to the child / person making the report. Do not ask leading questions, only prompt where necessary/ to clarify information they give, using open questions (Where? When? What? etc.). Repeat information back to them in their words, to confirm anything which might be unclear;
- Be non-judgemental. Try to put the child at ease and be aware of your body language and facial expression;
- Do not promise confidentiality. Explain what will happen next, including that the concern will have to be shared further, but only with the senior manager at this stage (who will decide whether the matter should be referred to the LADO);
- Write a record containing the facts as the child / person reporting the concern presented them; where possible use their own words;
- Sign and date the written record;
- Immediately report the matter to:
- For homes: the Home’s senior manager;
- For Outreach: the Head of Outreach;
- For schools: the Head Teacher or Designated Safeguarding Lead (DSL), or the Deputy (DSL) in their absence. or Head of HR.
If the senior manager is the subject of the allegation, it should be reported to their line manager, relevant named Director or Head of HR (Note: If a member of staff has concerns about how the allegation will be dealt with by the Home, School or Service they should consider reporting the concern to the DfE or Ofsted. In the case of children’s homes, see Ofsted, Reporting Concerns and Whistleblowing about Children’s Social Care Services).
Do 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 Senior Manager
When informed of a concern or allegation, the senior 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);
- Approve and date the written details;
- 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.
The senior manager should report the allegation to the designated officer in the local authority/ LADO within 1 working day. (Note the designated officer in the local authority will be further referenced as LADO). If it is outside normal working hours and there is an immediate risk to a child the local authority Emergency Duty Team should be contacted, and the relevant senior manager should also be notified (in the case of homes, the manager on-call).
Referrals to the LADO should not be delayed in order to gather additional information. A failure to report an allegation or concern in accordance with this procedure and in these timescales is a potential disciplinary matter.
If the senior manager is concerned that there is an immediate risk to children, the police should be contacted without delay.
Where a Strategy Discussion / Meeting is needed, in accordance with the Statutory Guidance – Working Together to Safeguard Children, to consider the allegation in a multi-agency setting, the LADO, 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 senior manager/ Head Teacher should inform the person concerned about the allegation as soon as possible after consulting with the LADO 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’s social worker will advise on the information which can be shared with parents or carers.
The parents / carers and the child, should be helped to understand the processes involved and be kept informed about the progress of the investigation 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.
Each local authority should have clear arrangements in place for the management and oversight of allegations against people that work with children. This includes a relevant officer or team of officers within the local authority (known as the Local Authority Designated Officer (LADO)) who should be informed promptly of allegations. For further information, including about the role of a local authority designated officer see Working Together to Safeguard Children and Appendix 2: LADO Referral Contact Details and Flowchart.
The role of the LADO is to manage and oversee allegations against people who work with children. This includes providing advice and guidance, liaising with the police and other agencies, 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 LADO will also provide advice and guidance to employers in relation to making referrals to the Disclosure and Barring Service (DBS) and Ofsted (the Regulatory Authority) (see Section 11, Referrals to the Disclosure and Barring Service), and liaise with the safeguarding partners.
The initial discussion between the Senior Manager from the Home / Head Teacher and the LADO will consider the nature, content and context of the allegation and agree a course of action. The senior manager/ Head Teacher 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 senior manager in the Home/ Head Teacher and the LADO. 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, the child/ young person, or the person making the allegation, if not a child/ young person.
The LADO will consult with the senior manager from the Home/ Head Teacher and other relevant agencies (e.g. the placing authority and the area authority (if different), the police, relevant social workers, Ofsted and DfE as appropriate), 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).
There are up to three strands in the consideration of an allegation:
- A police investigation of a possible criminal offence;
- Children's Social Care enquiries and/or assessment about whether the child is in need of protection or services;
- Consideration by an employer of disciplinary action.
The LADO and the senior manager/ Head Teacher should consider first whether further details are needed and whether there is evidence or information that establishes the facts, including whether the allegation is demonstrably false.
The senior manager/ Head Teacher will be consulted as to who from the Home, School or Service should also contribute to the investigation into the allegation including, where there are concerns of significant harm, who should attend an Allegations Strategy Meeting / Discussion (see Section 6, Allegations Strategy Discussion / Meeting).
Reviews of the investigation into the concern / allegation should be conducted at monthly or fortnightly intervals depending on the complexity of the case.
Whether the concern is progressed further by the LADO or alternative routes are sought, the senior manager from the Home/ School or service should promptly advise the child’s social worker, where there is one, of the concerns and the actions that have been taken.
In respect of our homes, Ofsted (the regulatory authority for homes) 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
If an allegation is made against the Chair of Governance of the School, PCS will follow similar process as detailed above, with a Director acting as manager. Where an allegation is substantiated, they should follow the procedures to consider removing them from office.
In some circumstances the school may have to consider an allegation against an individual not directly employed by them, where PCS’s disciplinary procedures do not fully apply because agencies will have their own policies and procedures; for example, supply teachers, contracted staff provided by an employment agency or business, taxi drivers or other adults working with children, e.g as part of work related learning/ colleges.
Whilst our school is not the employer of supply teachers or those listed, we will ensure allegations are dealt with properly. In no circumstances would we decide to simply cease to use a supply teacher due to safeguarding concerns, without finding out the facts and liaising with the LADO to determine a suitable outcome.
The Chair of Governance and the Proprietor will discuss with the supply agency or agencies where the supply teacher is working across a number of schools, whether it is appropriate to suspend the supply teacher, or redeploy them to another part of the school, whilst we carry out an investigation.
If there is cause to suspect a child is suffering or likely to suffer significant harm, a Strategy Discussion / Meeting will be convened. It will be led by Social Care/ LADO who will convene a meeting with all other relevant professionals/ agencies.
The Initial Strategy Meeting
The strategy meeting / discussion should:
- Decide whether there should be a Section 47 Enquiry and / or police investigation and consider the implications;
- Consider whether any parallel disciplinary process can take place and agree protocols for sharing information;
- Consider the current allegation in the context of any previous allegations or concerns;
- Where appropriate, take account of any entitlement by school staff to use reasonable force to control or restrain children, taking into account ‘Use of Reasonable Force Advice for Headteachers, staff and governing bodies 2013’;
- 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.
The Strategy Meeting / Discussion should also:
- Ensure that arrangements are made to protect the child/ren involved and any other child/ren affected, including taking emergency action where needed;
- 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;
- 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);
- Make recommendations where appropriate regarding suspension, or alternatives to suspension;
- Identify a lead contact manager within each agency;
- Agree protocols for reviewing investigations and monitoring progress by the LADO, 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.
Final Strategy Meeting
A final strategy meeting / discussion should 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) and, where relevant, agree an action plan for future practice based on lessons learnt.
The following definitions will be used by the LADO when determining the outcome of allegation investigations:
- Substantiated: there is sufficient evidence to prove the allegation;
- Malicious: there is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive;
- False: there is sufficient evidence to disprove the allegation; however there is no evidence to suggest that there was a deliberate intention to deceive;
- Unsubstantiated: there is insufficient evidence to either prove or disprove the allegation; the term therefore does not imply guilt or innocence;
- Unfounded: to reflect cases where there is no evidence or proper basis which supports the allegation being made.
The Home/School/Service 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.
For the child
The Home/ School/ Service, the child’s social worker and / or police, where they are involved, should consider the impact on the child concerned and any other children in the Home, School or Service 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.
Keeping parents/carers informed
The Home, School, Service would usually inform the parents of the child/ren involved of the allegation and the process that is being followed unless this will be detrimental to the welfare of the child (where the council holds parental responsibility) or impede the disciplinary or investigative processes. The LADO can advise the employer whether the parents should be informed. However, in some circumstances, the parent/s may need to be told straight away (e.g. 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 about the progress of the case and of the outcome, where there is no criminal prosecution. This will include if any disciplinary process is to be instigated, but not the deliberations of, or the information used in, a hearing or the outcome
For the employee
Following consultation with the LADO, the accused member of staff should be provided with information about the allegation and the initial actions agreed. Employers 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.
The person against whom the allegation is made should be advised to contact their union or professional association. Human Resources should be consulted at the earliest opportunity in order that appropriate support can be provided.
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/children involved and any other children in the accused person’s home, work or community life.
If an Allegations Strategy Meeting / Discussion is held, attendees should discuss whether suspension is appropriate and make a recommendation. However, only the employerhas 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, School or Service.
Details of allegations that are found to be malicious will 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 will be kept in the person’s confidential HR record. 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 LADO.
Please note - while the Independent Inquiry into Child Sexual Abuse (IICSA) is on-going, organisations have been asked to 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.
If an allegation is substantiated and the senior manager/Head of HR 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).
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 allegation being substantiated.
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 PCS’s Whistleblowing or Raising Concerns at Work Procedure, Ofsted, Reporting Concerns and Whistleblowing about Children’s Social Care Services or contact the child’s social worker should be followed.
In cases where it is identified that no significant harm or offence has been committed, the Home , School or Service may still wish to consider disciplinary proceedings against staff.
Additional Training for the staff member should also be considered as appropriate.
‘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, where there are allegations that indicate the person is a risk or poses a risk of harm to children or deemed not suitable to work with children. Such an agreement will not prevent a thorough police and/or school investigation where that is appropriate.
The school will not cease their investigations if the person leaves, resigns or ceases to provide their services. It is important that every effort is made to reach a conclusion in all cases of allegations with a bearing on the safety or welfare of children, including any in which the person concerned refuses to cooperate.
Wherever possible, the accused should be given full opportunity to answer the allegation and make representations about it. The process of recording the allegation and any supporting evidence and reaching a judgement about whether it can be substantiated or otherwise on the basis of all the information available, should continue even if the accused does not cooperate. It may be difficult to reach a conclusion in those circumstances, and it may not be possible to apply any disciplinary sanctions if a person’s period of notice expires before the process is complete, but it is important to reach and record an outcome wherever possible. The person concerned should be notified of the conclusion of the allegations and sanctions that might be posed.
Other than where allegations are false, malicious, unsubstantiated, or unfounded, the outcome will be made clear when providing references to prospective employers. This is particularly important where the person moves into another position involving working with children, young people or vulnerable adults.
It is not appropriate to reach a settlement/compromise agreement if the person subject to the allegation resigns or their services cease to be used. However, in limited circumstances schools sometimes use settlement agreements to end the employment relationship on agreed terms, but not where there is an allegation that the individual poses a risk to children.
Where a settlement/compromise agreement is used, schools and colleges should not let it prevent the employer from:
- Fulfilling their legal duty to refer cases to the DBS where the referral criteria are met; or
- Providing a reference to potential employers when requested; or
- Considering whether to make a referral to the Teaching Regulation Agency (TRA) where the criteria is met.
The following are principles of good practice when receiving/reporting concerns.
However, this guidance is not exhaustive, all staff should follow their safeguarding and child protection training about what to do when receiving and reporting concerns about staff. If in doubt, staff must consult the Senior Manager/Head Teacher, Head of HR or another suitably trained line 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 made against 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 LADO.
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 or another manager.
When a child / young person makes a disclosure:
Staff must not give absolute guarantees of confidentiality to those who report possible Significant Harm 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 Senior Manager/ Head Teacher (unless they are implicated).
The record should be placed on the child's Safeguarding 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.
The Lancashire LADO is the contact for the Willows School.
See LADO chart.
Last Updated: June 3, 2024
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