A guide for staff and volunteers who work with children where a concern has been raised or an allegation made
It is important to understand that anyone working or volunteering with children may face concerns or allegations at some point in their career. These situations are handled with care to ensure the safety of children and fairness to the individuals involved. Here’s what you can expect in such circumstances: Most allegations arise from an individual’s behaviour in the workplace.
However, concerns can also be related to personal life, such as how someone cares for their own children. In some cases, an allegation of abuse may be made against someone closely associated with the staff member or volunteer, such as a family member or partner, who may pose a risk of harm to children under the individual’s care.
When such concerns arise, an assessment will be made to determine whether the situation presents a risk to children in the workplace. This evaluation will involve the Local Authority Designated Officer (LADO) and, if necessary, discussions with your employer.
It is recognised that these situations can be highly distressing for the individual involved. The process will be handled sensitively to minimise disruption, while still prioritising the safety and well-being of children.This leaflet aims to clarify the process and reassure you that concerns will be addressed fairly, while ensuring the safety of children remains the priority.
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Every organisation that works with children should have a manager or Designated Safeguarding Lead (DSL) responsible for progressing allegations that a child may have been harmed. When they are informed of the allegation they must contact the Local Authority Designated Officer (LADO) within 24 hours to report the concern.
The criteria for making a report to the LADO are that an individual may have:
- 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
- Behaved or may have behaved in a way that indicates they may not be suitable to work with children.
The LADO will agree with the manager/DSL how and when the staff member or volunteer will be informed of the concern. This is dependent upon the nature of the allegation, and any current or ongoing risk to children. If it becomes apparent at any stage that the allegation is false, you will be informed of this and no further action will be taken.
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In situations where issues in your personal life may be relevant to your role at work, the following process will be followed to determine how to manage the information:
Evaluation by the LADO
The Local Authority Designated Officer (LADO) will assess the personal situation to determine if it poses any risk or potential risk to children in your care or within your professional environment.
Examples of cause for concern include:
- your child is the subject of a Child Protection enquiry (Section 47).
- your child is being supported by a Child Protection plan.
- you have been arrested, cautioned or convicted in relation to offences of violence.
- drug or alcohol misuse in your personal life
- there has been an allegation of abuse against a member of your
- household or a person closely associated with you.
Immediate Risk of Harm
If it is assessed that a child is at immediate risk of harm, the LADO will share the relevant information directly with your employer without delay. In this case, you may not be notified before your employer is informed, as the priority is safeguarding the child.
No Immediate Risk of Harm
If the LADO concludes that there is no immediate risk to children, it is more likely that you will be given the opportunity to share the information with your employer yourself. This provides you with the chance to address the matter openly with your employer before any formal actions are taken.
This process ensures that the balance between protecting children and respecting your opportunity to disclose personal issues is maintained. The focus remains on assessing whether the personal circumstances impact the safety and well-being of children.
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In cases involving potential risks to children, the decision to suspend an employee will follow this process:
Grounds for suspension
Suspension will only be considered when there is a reasonable cause to believe that a child or children at your workplace may be at risk of harm, or if the allegation is so serious that it could lead to dismissal.
Careful consideration
Your employer will carefully evaluate whether suspension is necessary. This will include consulting with their human resources advisor and the Local Authority Designated Officer (LADO) to ensure the decision is proportionate and appropriate.
Alternatives to suspension
Instead of suspension, an employer may consider redeployment as an alternative. This involves moving you to a different role or setting to prevent direct contact with the child or children concerned. Whether redeployment is suitable depends on the nature and seriousness of the allegation.
Proportional response
The goal is to ensure the safety of children while also acting fairly towards the employee. Suspension is not automatic and will only be used if absolutely necessary. This approach ensures that the decision to suspend is measured and guided by safeguarding priorities, with alternatives considered whenever possible.
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In some instances the police may decide to proceed with a criminal investigation. This could result in an arrest and possible prosecution based upon the outcome of their investigation.
The LADO investigation will be informed by the outcome of the police investigation.
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Your employer may need to conduct an internal investigation in order to proceed. It may be conducted by a senior member of staff or by an independent person, depending on the availability of resources, and the nature and complexity of the case.
Where there are criminal proceedings, it may not be possible for the employer to complete their investigations until after the criminal proceedings are concluded
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If you are a supply worker or a volunteer, the placing agency should be involved and co-operate in any investigation.
If disciplinary procedures do not apply, an investigation may still be necessary to assess your suitability to work with children.
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Your employer should try to reach a conclusion regardless of whether you resign or otherwise cease to provide your services, or if you refuse to cooperate.
They must not use a ‘compromise agreement’, i.e. allow you to resign without disciplinary action and with an agreed reference
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Cases should be dealt with as quickly as possible, consistent with a fair and thorough investigation.
Timescales will depend on factors such as the nature, seriousness and complexity of the allegation. Your case will be monitored by the LADO in order to avoid unnecessary delay.
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Being subject to an allegation is likely to be stressful and you must be offered support. Your employer should:
- advise you to seek support from your Trade Union
- provide a named support person who will keep you up-to-date with any investigations
- provide a named support person who will keep you up-to-date with any work matters if you are suspended
- your employer could also offer you support via employee resources such as an Employee Assistance Programme or a service similar to this.
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Once all the information has been collated, shared and reviewed, the investigation can be concluded. The LADO has a responsibility to review and monitor cases with the aim of achieving a thorough, fair and timely investigation.
They also have a statutory responsibility to retain accurate records about the allegation, including those involved, how the matter has been investigated, and the outcomes as being:
- False - sufficient evidence to disprove the allegation
- Malicious - sufficient evidence to disprove the allegation and when there has been a deliberate act to deceive
- Substantiated - sufficient evidence to prove the allegation that a child has been harmed or there is a risk of harm
- Unsubstantiated - insufficient evidence to either prove or disprove the allegation.
The LADO will give advice on the conclusion of a case about whether a referral to the Disclosure and Barring Service is required.
The LADO will also make a recommendation as to whether a referral needs to be made to a governing body you may be registered to inform of the outcome. You will be notified of the outcome of the investigation and any action set out that is of relevance to you.
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If you are dissatisfied with the outcome from the LADO procedures, the complaint needs to be submitted to the LADO’s line manager.
If you wish to complain about aspects of the investigation, it has to be directed to the organisation/ agency that completed it. To initiate a complaint, please contact SQA@towerhamlets.gov.uk.