Allegations against childcare professionals and volunteers

 

 

IMPORTANT -  All allegations and concerns must be reported to the Local Authority Designated Officer (LADO) within the same working day. The LADO will then decide what action to take.

 

 

The LADO's are Joe Cocker who can be contacted on 01904 555695 or joe.cocker@york.gov.uk or Caroline Williamson who can be contacted on 01904 555694 or caroline.williamson@york.gov.uk

 

 

Download a flow chart of the allegations process.

Scope

Initial response consultation with LADO

Referral to and response by Children’s Social Care/protecting vulnerable person’s unit (PVP)

Police investigations

Staff allegation review meetings

Action further to police investigation and Children’s Social Care enquiries

Disciplinary process and review of staff approval

Disciplinary action

Action on conclusion of the case

Monitoring

 

Scope

 

 

These procedures should be followed by all organisations that provide services for children or young people or provide staff or volunteers to work with or care for children or young people (i.e. those under the age of 18 years). These procedures should also be applied to foster carers and prospective adopters.

 

 

The scope of these procedures is not just for those cases relating to significant harm and should be applied in all circumstances where an allegation is made or a concern arises that any person who works or has worked with children, in a paid or unpaid capacity, has, towards any child:

  • 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 s/he is unsuitable to work with children

Where relevant these procedures must be applied in conjunction with the Safeguarding Children Board procedures on organised or complex abuse (to be finalised)

 

Allegations may arise in a number of ways from a number of sources e.g. a concern, suspicion, complaint or report from a child, parent or other adult within or outside of the organisation; information arising from a disciplinary, criminal or s 47 investigation.

 

It should be noted that all agencies should have internal procedures for dealing with allegations against employees, volunteers, foster carers and prospective adopters (as relevant) that comply with these procedures.

 

Local Authority Designated Officer

 

The role of the LADO is to coordinate all allegations and concerns made against a person who works with children within the City of York. As such, all allegations and concerns must be reported to the LADO (see below). 

 

The LADO will maintain a database of all allegations and concerns received and will provide reports to the CYSCB at least annually or on request.

 

The LADO will advise, in discussion with the the Senior Manager within the Organisation (SMO) what action should be taken by the employer or decide whether the matter should be subject to a strategy meeting or an initial evaulation meeting. The LADO will also decide whether the matter should be referred to the Police or Children's Social Care.

 

Strategy meetings and initial evaluation meetings may be chaired by the CYSCB Manager or a Children's Social Care Head of Service. The decision as to who should chair the meeting will be made by the LADO or CYSCB Manager.

 

The CYSCB Manager acts as the LADO with the CYSCB Safeguarding Advisor (Education) acting as Deputy LADO. In exceptional circumstances (i.e. where the LADO cannot be contacted) or by arrangement, a Children's Social Care Head of Service may deputise as the LADO (subject to consideration regarding any actual or perceived potential conflict of interest).

 

Initial response

 

 

Any person with a concern or receiving information regarding a person within their organisation must report this to the Senior Manager in their Organisation with designated responsibility for allegations against staff (SMO) without delay

 

 

No attempt should be made to undertake enquiries or seek to determine the validity of the allegation at this stage, however immediate safety measures may need to be applied e.g. removal of the member of staff from the premises and any evidence should be secured and preserved e.g. mobile telephone, computer - subject to advice from the police or Local Authority Designated Officer (LADO). 

 

If any person to whom the allegation should be reported may be implicated in it or there is concern that they may not/have not followed these procedures, the matter should be reported directly to the Local Authority Designated Officer (LADO)

 

 

In circumstances where there is no SMO e.g. self-employed person, the matter must be reported directly to the LADO.

 

 

Where staff receive an allegation against someone from another organisation this should be reported to the LADO. 

 

 

The person initially receiving the concern/ allegation must make a full record of it, which is timed, dated, and signed.

 

Prior to contacting the LADO the SMO should gather information including:

  • Names, addresses, D.o.B's of the child/ren and staff member concerned
  • Details of any potential witnesses;
  • Details of the staff member's previous employment record including any previous allegations/concerns;
  • Account of the person receiving or witnessing the allegation;
  • Information regarding any other paid or voluntary work the staff member undertakes with children or vulnerable adults;
  • If the staff member has their own children, any other information which may be of relevance;
  • Any action(s) already taken;
  • Information about the legal status of the child concerned

Where appropriate, (e.g. child in foster care, residential home or school or placed in a school by another authority) the SMO should also collate information regarding: the local authority responsible for the child, length of time in placement, contact details of relevant staff/foster carers and details of other children in the placement.

 

Consultation with LADO

 

In all circumstances of concern or allegation the SMO/Police Designated Officer (PADO) must consult with the LADO within one working day of the allegation being made.

 

Consultation with the LADO will consider:

  • Is the allegation demonstrably false i.e. is there clear evidence to suggest that the event(s) did not take place? If so the LADO will advise on appropriate action and will consider if the child may have suffered or be at risk of suffering significant harm by another person
  • Could the child have suffered or be at risk of suffering significant harm? If so a strategy meeting should be held or if complex abuse procedures should be invoked
  • Could a criminal offence have been committed? If so a strategy meeting should be held or if complex abuse procedures should be invoked
  • Could the person have behaved towards a child in a way that indicates s/he is unsuitable to work with children? If so a strategy meeting should be held. the LADO will also advise as to whether the employer should invoke disciplinary, competency, regulatory or complaint procedures either in conjunction with or separate from the above  (Where Children’s Social Care enquiries or a police investigation is conducted it is generally inappropriate for an investigation of this nature to be undertaken prior to their completion)
  • Does none of the above apply? If so the LADO will advise what, if any, internal action should be taken

If a strategy meeting or initial evaluation meeting is to be convened then the employer prior to the outcome of this meeting must take no action, unless agreed with the LADO and investigating agencies in order to provide information for the meeting or to safeguard children.

 

The SMO and the LADO should exchange confirmation in writing about the discussion, including next steps, within 24 hours.

 

Referral to and response by Children’s Social Care/Protecting Vulnerable Person’s unit (PVP)

 

Initial Evaluation Meetings are convened where a criminal offence may have been committed but there are no concerns that a child could have suffered or be at risk of suffering significant harm or where it is unclear whether an issue falls within the procedure. The Initial Evaluation Meeting will be similar to a strategy meeting and references to strategy meeting should therefore be read to apply to initial evaluation meeting where appropriate.

 

The LADO will decide if a referral should be made to Children's Social Care, (in the name of the child,) or if an alternative arrangement for referral should be made.

 

The decision as to whether a strategy meeting or an initial evaluation meeting should be held rests with the LADO.  

The LADO will further decide, in consultation with the CYSCB Manager or a Children’s Social Care Head of Service, who should chair any strategy meeting, having considered any possible conflict of interest and/or confidentiality issues.

  

Any strategy/initial evaluation meeting must be held within 2 working days

 

Where a s47 enquiry or police investigation is to be undertaken a date should be set for a reconvened meeting within 2-4 weeks

 

If a decision is made to initiate s47 enquiries or a criminal investigation, the member of staff concerned should be contacted by an agreed person and told, (subject to the agreement of the strategy/initial evaluation meeting):

  • The nature of the allegation
  • How the enquiries will be conducted
  • Any conditions preventing discussion/ contact with relevant persons

 This information should be confirmed in writing, additionally they should be informed of:

  • Their rights
  • The possible outcomes e.g. criminal and/or disciplinary action
  • Arrangements for ongoing support and provision of information
  • How decisions will be made regarding referral for consideration of inclusion on those lists preventing or restricting their work with children and young people

 Police investigations

  

Where a police investigation is undertaken, the police must set a date for reviewing its progress and consulting the Crown Prosecution Service (CPS) about continuing or closing the investigation or charging the individual. Wherever possible, this should be no later than 4 weeks after the strategy/initial evaluation discussion. Dates for further reviews should also be agreed, either fortnightly or monthly depending on the complexity of the investigation.

 

Reconvened strategy meetings

 

 

In addition to the issues addressed at the first meeting, subsequent review meetings should be held at monthly intervals and must address:

  • Progress and results of enquiries
  • Investigation strategy
  • Agency cooperation
  • Outcome of objectives
  • Adherence to timescales
  • Reasons for any delays and ,where appropriate, how these should be addressed and resolved and by whom
  • Therapeutic and support needs of child
  • Support needs of staff
  • Appropriate applications for criminal injuries compensation
  • Future needs of the establishment

A final meeting must be held at the end of any s.47 enquiries or criminal investigations to review the case, categorise the allegation and plan any further actions required. This should include consideration of any matters arising, which should be brought to the attention of the Safeguarding Children Board, and/or organisation concerned regarding necessary review of policy or procedures and/or training needs to be addressed.

 

Outcomes of internal procedures should be reported to the LADO and the strategy-meeting chair. If an organisation has failed to instigate internal procedures, or the outcome of internal procedures causes concern to the LADO or the chair they must consider what appropriate action should be taken. This might involve reconvening a meeting and/or reporting the matter to the regulatory body, or a government department.

 

Action further to police investigation and Children’s Social Care enquiries

 

 

Where, following Children’s Social Care enquiries/police investigations, it is concluded that there is insufficient evidence to substantiate an allegation, the chair of the strategy/initial evaluation meeting may be called upon to prepare a separate report of the enquiry and forward this to the SMO to enable consideration of what further action, if any, should be taken. The report should include, where appropriate, information from the police and CPS stating the reasons why the case was closed without charge.

 

If an allegation is demonstrably false consideration should be given to whether the child is in need of services and/or may have been abused by someone else.

 

Allegations may be unsubstantiated from a criminal perspective either because they do not reach the threshold for a criminal prosecution or a person has not been convicted on the burden of proof 'beyond reasonable doubt'. However, there may be sufficient evidence for the case to be considered under internal procedures where the burden of proof is 'balance of probabilities.'

 

Disciplinary process and review of staff approval

 

 

The LADO, SMO and others as appropriate must discuss whether action is appropriate in all cases where:

  • It is decided that  a police investigation or Children’s Social Care enquiry is not necessary, or
  • The Police/CPS provide information that a criminal investigation and any subsequent trial is complete, or that an investigation is to be closed without charge, or a prosecution discontinued, or a caution applied
  • The discussion should consider any potential misconduct or gross misconduct on the part of the member of staff, and take into account:
  • Information provided by the police and/or Children’s Social Care
  • The result of any investigation or trial
  • The different standard of proof in disciplinary and criminal proceedings

In the case of foster carers, supply, agency, contract, and volunteer workers, normal disciplinary procedures may not apply. In these circumstances, the LADO and SMO should act jointly with the providing agency, if any, in deciding whether to continue to use the person's services, or engage them in future work with children, and if not, whether to make a report for consideration of barring or other action.

 

Disciplinary action

 

 

If formal disciplinary action is not required, the employer must institute appropriate action within 3 working days. If a disciplinary hearing is required, and further investigation is not required, it must be held within 15 working days.

 

If further investigation is needed to decide upon disciplinary action, the SMO and LADO should discuss whether the employer has appropriate and sufficiently independent means to do so or whether the employer should commission an independent investigation because of the nature and/or complexity of the case, and in order to ensure objectivity.

 

The aim of an investigation is to obtain, as far as possible, a fair, balanced, and accurate record in order to consider the appropriateness of disciplinary action and/or the individual's suitability to work with children. Its purpose is not to prove or disprove the allegation. The investigating officer must provide a report within 10 working days. 

 

On receipt of the report the employer must decide, within 2 working days, whether a discplinary hearing is needed. If a hearing is required, it must be held within 15 working days.

 

Action on conclusion of the case

 

If an allegation is substantiated and the person is dismissed or the employer ceases to use the person's services, or the person resigns or stops providing services, the SMO should discuss with the LADO whether a referral should be made to the Independant safeguarding Authority (ISA) and/or any regulatory body e.g. the General Teaching Council, General Medical Council or Nursing & Midwifery Council. Consideration will then be given as to whether the individual should be barred from, or have conditions imposed in respect of, working with children. If a referral is to be made, it must be submitted within 1 month.

 

If, on conclusion of the case, it is decided that a person who had been suspended is to return to work the SMO should consider how best to facilitate this and what support may assist the employee to do so after what has, most probably, been a very stressful experience. This should include consideration of contact with persons who made the allegation and/or the child who was the subject of the allegation and any needs for mentoring and/or training.

 

Monitoring

 

 

The LADO and PADO will report regularly to the Named Senior Officers (NSOs):

  • Any instances where an organisation fails to deal with an allegation in accordance with these procedures
  • Any concerns regarding inter-agency  working
  • An annual report will be provided to City of York Safeguarding Children Board which will include:
    • Number of allegations by category
    • Number of allegations by agency
    • Number of Strategy /Initial Evaluation meetings
    • Number of Children’s Social Care enquiries
    • Number of police investigations
    • Number of employee disciplinary investigations
    • Outcomes of above (substantiated, unsubstantiated, unfounded, deliberately invented)
    • Timescales
    • Procedural compliance