All allegations of abuse of children by those who work with children or care for them must be taken seriously.
Allegations against those who work with children, whether in a paid or unpaid capacity, cover a wide range of circumstances.
The scope of this inter agency procedure is not limited to allegations involving Significant Harm or risk of Significant Harm to a child. The procedure should be applied in all situations where it is alleged that a person who works with children has:
This includes allegations where it might indicate that the person is unsuitable to continue to work with children in their current position.
The allegations may relate to the persons behaviour at work, at home or in another setting.
It may concern a paid employee, unpaid volunteer, childminder, approved foster carer or prospective adopter.
In the context of this procedure, the term “employer” means the organisation that has a working relationship with the person against whom the allegation has been made and includes voluntary organisations, employment agencies, fostering services, child minder services, youth clubs and other similar organisations (see Appendix 5, Working Together (2006)).
Allegations of 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, to inform the persons current employer or voluntary organisation or refer their family for assessment.
Where concerns arise about a persons behaviour in relation to their own children, the Police and Children’s Social Care Services need to consider informing the persons employer in order to assess whether there may be implications for children with whom the person has contact at work, in which case this procedure will apply.
The Local Authority must appoint a Designated Officer (LADO) whose responsibility it is to be involved in the management and oversight of individual cases which fall within this procedure, providing advice and guidance to employers and voluntary organisations, liaising with the Police and other agencies, and monitoring the progress of cases to ensure that they are dealt with as quickly as possible consistent with a thorough and fair process.
Each member agency of the Walsall Safeguarding Children Board must appoint a Named Senior Officer to have overall responsibility for ensuring that their agency operates procedures for dealing with allegations against those who work with children in accordance with the guidance set out in Appendix 5 of Working Together to Safeguard Children (2006), resolving inter agency issues and liaising with the Walsall Safeguarding Children Board on the subject.
The Police should also identify officers to fulfil similar roles – a senior officer to have a strategic oversight of arrangements, liaise with the Walsall Safeguarding Children Board in the force area and ensure compliance – and others, possibly unit managers, responsible for liaising with the Local Authority Designated Officer and Named Senior Officers, taking part in Strategy Discussions, reviewing the progress of cases in which there is a Police investigation and sharing information on completion of the investigation or any prosecution.
All other employers of those who have contact with children must appoint a Named Senior Manager who has overall responsibility for ensuring that this procedure is followed at an operational level in their agency or organisation. This person may be, or may represent, the employer.
All organisations which provide services to children, or provide staff or volunteers to work with or care for children, should comply with this procedure and operate a procedure for handling allegations within their own agency in a way which is consistent with the guidance set out in Appendix 5 of Working Together to Safeguard Children (2006).
Where such allegations are made, consideration must be given to the following three strands:
In addition, such allegations may give rise to complaints of poor practice, which should be considered in line with the agencies complaints procedures.
All allegations within this procedure that come to the employers attention should be notified to the Local Authority Designated Officer (LADO) within one working day.
Named Senior Officers should receive reports in relation to allegations against those within their organisation. A senior member of the Human Resources section for the relevant agency must also be consulted.
The LADO will discuss the matter with the Named Senior Officer/Manager to determine what steps should be taken and where necessary obtain further details of the allegation and the circumstances in which it was made. The discussion should also consider whether there is evidence/information that establishes that the allegation is false or unfounded, whether a referral to the Children’s Social Care Services is required and/or whether disciplinary action is appropriate.
Some allegations will be so serious as to require immediate referral to the Children’s Social Care Services and the Police, but common sense and judgement must be applied in reaching a decision about what action to take.
If the allegation is not patently false and there is cause to suspect that a child is suffering or is likely to suffer Significant Harm, the LADO will immediately refer the matter to the Children’s Social Care Services and ask for a Strategy Discussion/Meeting to be convened straight away.
Where the safety of other children is in question as a result of the allegation, consideration should be given to invoking the Complex (Organised or Multiple) Abuse Procedure.
Some allegations may be less serious and at first sight might not seem to warrant consideration of a police investigation or enquiries by Children’s Social Care Services. However, it is important to ensure that even apparently less serious allegations are followed up and examined objectively by someone independent of the organisation. Consequently the LADO should be informed of all allegations that come to the employer's attention and appear to come within the scope of this procedure (see Section 1, Scope) so that he or she can consult Police and social care colleagues as appropriate.
Where a referral is made directly to Children’s Social Care Services, they will consult with the Local Authority Designated Officer (LADO), the Police and the Named Senior Officer/Manager in the relevant agency or organisation.
If a referral is made to the Police first, the officer who receives it should report it to the Force Designated Liaison Officer without delay and he/she should in turn inform the Local Authority Designated Officer (LADO).
Where a Walsall child makes an allegation in a setting or placement which is outside the area, the lead responsibility for action lies with the local authority for the area where the alleged abuse occurred.
In these circumstances, the Local Authority Designated Officer (LADO) and, where appropriate, the child’s social worker will liaise with the relevant local authority and agree a joint strategy. Checks should be made as to whether there are any other children from Walsall in the setting or placement. If so, the child’s social worker and manager must be informed, and the LADO should consult them about the action required.
Interviews of Walsall children will usually be undertaken by Walsall Children’s Social Care Services in conjunction with the relevant Police authority as appropriate.
Where the referral relates to a child from another local authority temporarily placed in an establishment located within the Walsall area, for example a residential home, the LADO should liaise with the child’s home authority about the roles and responsibilities in carrying out this procedure.
If the parents/carers of the child are not already aware of the allegation, the Local Authority Designated Officer (LADO) needs to determine how and by whom they should be informed. They should be kept informed about the progress of the case and told the outcome – see also Section 13, Confidentiality and Record Keeping.
The employer should inform the accused person about the allegation after consulting with the LADO. However, where a Strategy Discussion/Meeting is needed or it is clear that the Children’s Social Care Services and/or the Police may need to be involved, that should not be done without consulting those agencies and an agreement being reached about what information can be disclosed to the person.
Staff, foster carers, prospective adopters, volunteers and other persons about whom there are concerns should be treated fairly and honestly and should be provided with support through the investigative process, as should others also involved.
If the accused person is a member of a union or other professional association, they should be advised to seek support from that organisation. If the person is suspended, the employer should make arrangements to keep the individual informed about developments in the work place.
The possible risk of harm to children posed by an accused person needs to be evaluated and managed effectively – in respect of the children involved in the allegations, and any other children in the individual's home, work or community life. In some cases, this requires the employer to consider suspending the person. Suspension should be considered in any case where there is cause to suspect a child is at risk of Significant Harm or the allegation warrants investigation by the Police, or is so serious that it might be grounds for dismissal. People must not be suspended automatically or without careful thought. Employers must consider carefully whether the circumstances of a case warrant a person being suspended from contact with children until the allegation is resolved.
Neither the Local Authority Designated Officer (LADO) nor the Police nor Children’s Social Care Services can require an employer to suspend a member of staff or volunteer. The power to suspend is vested in the employer alone. However, where a Strategy Meeting (see Section 11, Strategy Discussion/Meeting) or initial evaluation discussion concludes that there should be enquiries by Children’s Social Care Services and/or investigation by the Police, the LADO should canvass the Police and Children’s Social Care Services as to their views about whether the accused member of staff needs to be suspended from contact with children, to inform the employer's consideration of suspension.
The fact that a person tenders his/her resignation, or ceases to provide their service, must not prevent the allegations being followed up in accordance with these procedures. It is important that every effort is made to reach a conclusion in all cases of allegations bearing on the safety or welfare of children, including any in which the person concerned refuses to cooperate with the process.
By the same token, ‘compromise agreements’ – by which a person agrees to resign, the employer agrees not to pursue disciplinary action, and both parties agree a form of words to be used in any future reference - must not be used in these cases. In any event, such an agreement would not prevent a thorough Police investigation where appropriate, nor can it override an employers statutory duty to make a referral to the Protection of Children Act (PoCA) List or List 99 maintained by the Department for Children, Schools and Families, where circumstances so require.
The Local Authority Designated Officer (LADO) will need to ensure that the relevant people are invited to attend or contribute to a Strategy Discussion/Meeting and any follow up meetings to ensure that the full scope of the enquiry can be effectively addressed. This will include an invitation to the employer unless there is good reason not to do so.
Notifications will be required to be made to the Regulatory Authority regarding day care and childminders, residential staff, foster carers and prospective adopters.
The Strategy Discussion/Meeting will need to:
At the end of any investigation consideration should be given to the need for a Post Investigation Meeting. Where required, it will be convened by the Local Authority Designated Officer (LADO) within one week of the conclusion of the investigation unless exceptional circumstances apply.
This meeting must take into account sections 13 to 15 of this procedure and will primarily ensure that
During the investigation, the Police should obtain consent from the individuals concerned to share the statements and evidence they obtain with the employer and/or the Regulatory Authority for disciplinary purposes. This will enable the Police and the Crown Prosecution Service (CPS) to share relevant information without delay at the conclusion of the investigation or any court case.
Children’s Social Care Services should also obtain similar consent when making enquiries so that any information that is relevant to a disciplinary case can be passed on to the employer or the Regulatory Authority.
Every effort should be made to maintain confidentiality and guard against publicity while an allegation is being considered or investigated.
In line with ACPO (Association of Chief Police Officers) guidance, the Police will not normally provide any information to the press or media that might identify an individual who is under investigation, unless or until the person is charged with a criminal offence. In exceptional circumstances where the Police might make an appeal to trace a suspect, the reasons for this action should be documented and partner agencies should have been consulted beforehand.
The child and parents or carers can be informed about the outcome of any disciplinary process but they do not have access to the deliberations of a disciplinary hearing nor the information taken into account in reaching the decisions in the hearing.
Employers must keep a clear and comprehensive record of any allegations made, details of how the allegation was followed up and resolved, and details of any action taken and decisions reached, on a person's confidential personnel file and give a copy to the individual. Such information should be retained on file, including for people who leave the organisation, at least until the person reaches normal retirement age or for 10 years if that will be longer. The purpose of the record is to provide accurate information in response to any future request for a reference.
Each agency must take great care to ensure that the records they keep respect the confidentiality of the victim and/or the alleged perpetrator i.e. the child’s file should contain limited information about the perpetrator and the perpetrator's file should contain limited information about the child victim.
The Police or the Crown Prosecution Service (CPS) should inform the employer and Local Authority Designated Officer (LADO) straightaway when a criminal investigation and any subsequent trial are complete, or if it is decided to close an investigation without charge, or not to prosecute after the person has been charged.
In all circumstances the LADO should discuss with the employer what further action is appropriate and agree how to proceed. The information provided by the Police and/or the Children’s Social Care Services should inform that decision.
Action on conclusion of a case should include consideration of whether a referral to the Protection of Children Act (PoCA) List or List 99 maintained by the Department for Children, Schools and Families, is required or advisable, and the form and content of a referral. See Appendix 1: Referral to Children's Safeguarding Operations Unit (CSOU) for inclusion on Protection of Children List (POCA) or List 99
If the person is subject to registration or regulation by a professional body or regulator, for example by the General Social Care Council, General Medical Council, Ofsted etc. the LADO should advise on whether a referral to that body is appropriate.
If it is decided that a person who has been suspended from work can return, the employer must consider how best to facilitate that return. The employer must also consider how the persons contact with the child or children who made the allegation can best be managed if they are still in the work place.
At the conclusion of a case where the allegation has been substantiated, the employer should review the circumstances of the case to determine whether there are any improvements to be made to the organisation's procedures or practice to help prevent similar events for the future.
Any lessons from investigations and enquiries should be reported by the Local Authority Designated Officer (LADO) on a regular basis to the Walsall Safeguarding Children Board.
In some cases, a Serious Case Review may be appropriate - see Serious Case Review Procedure.
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