Managing Allegations Against Adults who work with Children and Young People

Application of this module is not limited to allegations only involving 'significant harm / risk of significant harm'

Harm to a child/young person must be considered within the context of the four main categories of abuse (i.e neglect, physical, sexual and emotional harm).

The Sexual Offences Act 2003 (ss.16-24) and/or Crown Prosecution Service Website sets out detailed definitions and a range of criminal offences associated with abuse of children/young people under 18 by those considered to be in a ‘Position of Trust’ e.g.

• Sexual activity with a child/young person;
• Causing or inciting a child/young person to engage in sexual activity;
• Sexual activity in the presence of a child/young person;
• Causing a child/young person to watch a sexual act.

A person in a position of trust is one in which a member of staff or volunteer is in a position of power or influence over a child/young person by virtue of the work and nature of the activity being undertaken in residential care homes, hospitals or educational institutions. For example:

• Looking after children. “Looking after” is defined as regularly involved in caring for, training, supervising or being in sole charge of such persons;
• A professional who has power and authority in a child’s/young person’s life and may have a key influence on their future is regarded as being in a ‘position of trust’;
• Such a person will have regular contact with the child/young person and may be acting in loco parentis.

The Police, Crime, Sentencing and Courts Act 2022 has now extended the definition of position of trust within the Sexual Offences Act 2003 (S22A) to include anyone who coaches, teaches, trains, supervises or instructs a child/young person under 18, on a regular basis, in a sport or a religion.

Residential social workers, teachers, foster carers, health workers in residential child care establishments, hospital staff and early years professionals are all prohibited by regulations and/or guidance relevant to respective settings from applying more than specified types and levels of restraint to those children/young people for whom they are professionally responsible, e.g. detailed guidance for schools can be found in Keeping Children Safe in Education: Statutory Guidance for Schools and Colleges.

Volunteers and students on placement who work with children/young people are also expected to maintain standards of conduct comparable to those prescribed for colleagues in paid employment.

Allegations or suspicions of abuse or neglect by staff, carers, approved adopters or volunteers e.g. physical punishment, use of restraint other than permitted by law or guidance issued by government or professional associations, as well as abuse and neglect should be considered under these procedures.

All references in this chapter to 'staff or members of staff' should be interpreted as meaning all paid or unpaid staff / professionals and volunteers, including for example foster carers, approved adopters, child minders and supply staff. This chapter also applies to any person, who manages or facilitates access to an establishment where children are present.

Any allegation of abuse must be dealt with fairly, quickly and consistently in accordance with the Contacts and Referrals Procedure, in a way that provides effective protection for the child/young person and supports the person who is the subject of the allegation. See Hertfordshire County Council Professional Referral Form to LADO.

It is not permissible for a member of staff to conduct (though their involvement may still be required in) an enquiry about suspicion or allegation of abuse with respect to a:

• Relative;
• Friend;
• Colleague, supervisor / supervisee or someone who has worked with her/him previously in any of these capacities.

If, following the conclusion of child protection processes, further enquiries are pursued for the purpose of disciplinary, regulatory or complaint investigation, they should be arranged in a way that avoids the repeated interviewing of children/young people or other vulnerable witnesses.

Information about an allegation must be restricted to those who have a need to know in order to:

• Protect children/young people;
• Facilitate enquiries;
• Avoid victimisation;
• Safeguard the rights of the person about whom the allegation has been made and others who might be affected;
• Manage disciplinary / complaints aspects.

A media strategy should be developed with no improper or inadvertent releases of information to the media, in accordance with the Association of Chief Police Officers (ACPO) guidance (now known as The National Police Chiefs’ Council (NPCC)).

Police will not normally provide identifying information to the Press / media, unless and until a person is charged. In exceptional circumstances e.g. an appeal to trace a suspect, this confidentiality may be breached, but the reasons should be documented and partner agencies consulted first.

Parents / carers of a child(ren)/young people involved should be:

• Informed of the allegation as soon as possible provided provision of information and advice at that stage does not impede the enquiry, disciplinary or investigative processes and may need to be told immediately if, e.g. a child/young person requires medical treatment;
• Helped to understand the process involved and kept informed about the progress of the case;
• Told that there has been an enquiry or disciplinary process (but no detail is to be provided in relation to any internal HR processes);
• When necessary, helped to understand the outcomes reached (but see above proviso in relation to the provision of advice).

There may be occasions when parents may choose to go directly to the Press. In these circumstances it is advisable to seek guidance from the media / communications team / press office and the Designated Officer.

Children's Services or Police Joint Child Protection Investigation Team (JCPIT), as appropriate, should consider support for a child/young person who may have suffered significant harm or been subject to a criminal prosecution.

The employer should keep the subject of the allegations informed of progress in the case and arrange to provide appropriate support (via Occupational Health or equivalent). If the person is suspended, (s)he should be kept informed of development in the workplace and if a member of a Trades Union or professional association, advised at the outset to contact that body link to Section 4, Process.

The Designated Officer should monitor the progress of cases either fortnightly or monthly depending on its complexity either via review Strategy Discussions or by liaising with Police and/or Children's Services colleagues, or employer as appropriate. The Designated Officer should keep records to ensure that every case is dealt with without undue delay.

If the Strategy Discussion / initial evaluation have decided that a Police investigation is required, the Police Joint Child Protection Investigation Team (JCPIT) should also set a target date for reviewing the progress of its investigation and consulting the Crown Prosecution Service (CPS) to consider whether to charge the individual / continue to investigate / close the investigation. Whenever possible that review should take place within four weeks of the decision to initiate a criminal investigation.

If the investigation is to continue, dates for subsequent reviews, ideally at fortnightly (at most monthly) intervals, should be set at the meeting.

It is in everyone's interest for cases to be dealt with as quickly as possible consistent with a fair and thorough investigation. Timescales (which are not performance indicators) will depend on nature, seriousness, and complexity of allegation(s) though in general (based upon data about allegations against education staff):

• 80% of cases should be resolved within one month;
• 90% within three months;
• All but the most exceptional should be completed within twelve months (it is unlikely cases requiring a criminal prosecution or complex Police investigation can be completed in less than three months).

For the purpose of these procedures, working with children/young people indicates a person whose work brings them into contact with children/young people and includes:

• Individuals working in a voluntary capacity;
• Agency staff;
• Contract workers (consultants or the self-employed);
• Those working on or off site e.g. undertaking home visits;
• Temporary and permanent employees;
• Students on placement.

An allegation may require consideration from any of the following four inter-related perspectives:

• Child protection enquiries by Children's Services;
• Criminal investigation by the Police;
• Staff disciplinary procedures of employing agency;
• Complaint procedures of employing agency.

The following procedures deal with child protection enquiries and any associated criminal investigation and complaints of poor practice and disciplinary procedures where there could be a child protection element.

Any allegation of abuse must be reported to the worker's line manager or senior manager as described in internal agency procedures. Within a school this will be the Head Teacher or, in their absence, their deputy.

If the above manager is implicated in the allegation, the concern must be reported to a senior manager or the designated / named person for child protection in that agency. Within a school this will be the chair of governors.

The person to whom an allegation is first reported should take the matter seriously and keep an open mind. (S)he should not investigate or ask leading questions if seeking clarification, it is important not to make assumptions. Confidentiality should not be promised and the person should be advised that the concern will be shared on a 'need to know' basis only.

Actions to be taken include making a written record of the allegation using the informant's words - including time, date and place where the alleged incident took place, what was said and anyone else present. This record should be signed and dated and immediately passed on to the designated senior manager.

The recipient of an allegation must not unilaterally determine its validity, and failure to report it in accordance with procedures is a potential disciplinary matter.

Any member of staff who believes that allegations or suspicions, which have been reported to the appropriate manager, are not being investigated properly has a responsibility to report it to a higher level in her/his agency or directly to the Designated Officer.

The Designated Officer must be informed, within one working day, of all allegations that come to the employer's attention and appear to meet the threshold in Section 1, Scope of Allegations so that (s)he can consult or refer to the Police Designated Unit Manager and Children's Services Team Manager as appropriate. See Local Contacts for details.

If, for any reason, there are difficulties with following the above procedure, the Whistle Blowing Procedure of the agency involved should be considered or a referral made directly to Children's Services and / or the Police.

The need for consultation must not delay a referral, which should be in accordance with Referral procedure.

See also: LADO Threshold Document.

Procedures need to be applied with common sense and judgment. Some allegations will be so serious as to require immediate referral to Children's Services and Police. Others may appear at first to be much less serious. It is important to ensure that even apparently less serious allegations are seen to be followed up and examined objectively. Consequently, the Designated Officer should be informed of all allegations coming to an employer's attention and satisfy the threshold in Section 1, Scope of Allegations within one working day. The Designated Officer should also be informed of any allegations that are made directly to Police (which should be communicated via the Police Designated Officer) or to Children's Services within one working day.

The Designated Officer and employer should consider whether further details are needed and whether there is evidence / information that establishes the allegation is false or unfounded - see Section 4, Process.

4.4.1 Child/young person Suffering or Likely to Suffer Significant Harm

If there is cause to suspect that a child/young person is suffering or is likely to suffer significant harm, the Designated Officer should immediately refer to Children's Services, which should respond in accordance with Strategy Discussion and Meetings Procedure and Section 47 Enquiry Procedure

4.4.2 Criminal Offence Suspected, but Significant Harm Threshold not Reached

If 'significant harm' is not considered an issue, but a criminal offence might have been committed, the Designated Officer must immediately liaise with the Police Designated Unit Manager, conduct discussions and share information with any other agencies involved with the child/young person to evaluate the allegation and decide on any other action required e.g. need for disciplinary action. Children's Services must be informed.

4.4.3 Investigation by Police / Enquiries by Children's Services not Required

If clear from the outset, following initial consideration or from the conclusions of the Strategy Meeting, that neither Police nor Children's Services need to be involved, the Designated Officer should discuss the next steps with the employer.

This discussion must take account of any information provided by the Police and Children's Services. If a formal discussion is required an Evaluation Meeting should be called. These meetings can be chaired by the Designated Officer, be formally recorded and include the same identified professionals as for Strategy Meetings.

4.5.1 Information and Support

The Designated Officer must always first consult Police / Children's Services if either agency is likely to be involved or a Strategy Meeting is needed in order to agree what information can be disclosed. The employer should, as soon as possible, following briefing from the Designated Officer inform the subject of the allegation(s) - see Guide for the subject of the allegations.

Human Relations (HR) should be informed of any potential disciplinary investigation and the subject of the allegations should be informed by the employer, on the advice of HR:

• Advised at the outset to contact her/his Union or professional association;
• Treated fairly and honestly and helped to understand the concerns expressed, processes involved and possible outcomes;
• Kept informed of the progress of the case and of the investigation;
• Clearly informed of the outcome of any investigation and the implications for disciplinary or related processes;
• Provided with appropriate support (via occupational health or employee welfare arrangements where these exist);
• (If suspended) kept informed about workplace developments.

4.5.2 Suspension

Suspension should not be automatic, but must be considered with the advice of HR representatives (normally at the first Strategy Meeting) if:

• There is cause to suspect a child/young person has suffered, or is likely to suffer significant harm; or

• The allegation warrants investigation by the Police; or
• The allegation is so serious that it might be grounds for dismissal.

If an urgent consideration of the option of suspension is required prior to that discussion, the Designated Officer should canvass the views of Police and Children's Services on suspension and inform the employer.

A decision to suspend or temporarily re-deploy staff rests exclusively with the employing agency (Head Teacher / Chair of Governors in the case of a school), which should consider:

• The safety of the child(ren)/young person;
• Any impact on the enquiry;
• If a suspended person is to return to work, appropriate help / support e.g. phased return and/or provision of a mentor and how to manage contact with any child(ren)/young person who made the allegation.
Disciplinary

4.5.3 Procedures

For details relating to disciplinary procedures see section 4.10, Action following Section 47 Enquiry and / or criminal investigation.Resignations

4.5.4 and Compromise Agreements

All allegations should be followed up regardless of whether the person involved resigns her/his post, responsibilities or a position of trust, even if the person refuses to co-operate with the process.

'Compromise agreements', when a person agrees to resign without any disciplinary action and agreed future reference, must not be used in these cases.

4.6.1 General

The social worker or Police officer must always inform her/his line manager of any allegations received.

The receiving agency Joint Child Protection Investigation Team (JCPIT) or Children's Services must in turn alert the other agency (Children's Services / Joint Child Protection Investigation Team (JCPIT)).

In cases where the Designated Officer has not been involved in the referral, (s)he must be informed immediately of the concerns / allegations and always within one working day.

Arrangements for Strategy Discussions should be in accordance with Strategy Discussion and Meetings Procedure and:

• Should be chaired by the relevant senior manager;
• Will set dates for meetings to plan and monitor the enquiry;
• Should be held within two working days of receipt of the allegation.

If the complex abuse procedures are applicable ( see Complex (Organised or Multiple) Abuse Procedure) they take priority over those detailed below.

A Strategy Meeting should be arranged within two working days of the receipt of the allegation or concern with a core membership consisting of:

• The Deputy Head of Head of Child Protection as chair. In exceptional circumstances this can be delegated to a Principal Officer;
• Designated Officer;
• Relevant social worker and her/his manager;
• Police Joint Child Protection Investigation Team (JCPIT);
• Senior member of the organisation of the worker concerned other than an immediate line manager of the subject of enquiries (in the case of an educational establishment, the representative will ordinarily be the Head Teacher / Principal - or if (s)he is the subject of concern - the Chair of Governors instead).

The following should be invited as appropriate:

• Those responsible for regulation and inspection of the unit e.g. CQC or Ofsted, if applicable
• HR representatives;
• Consultant paediatrician if sexual abuse alleged;
• Lead / named / designated professional for child protection for the agency in question;
• A representative of the other local authority if the child/young person is placed, or alleged perpetrator is resident there;
• Complaints officer if the concern has arisen from a complaint, or a complaint investigation is in progress;
• A representative of the legal department.

Where the representative of an agency is implicated through an accusation of collusion or failure to respond to previous complaints, it may be inappropriate for her/him to attend the Strategy Meeting. The chair of the meeting will have the discretion about the decision.

The Strategy Meeting (preferably with a dedicated minute taker) must:

• Review any previous allegations made against the worker and the establishment;
• Decide whether there should be a Section 47 Enquiry, an evaluation meeting and/or an internal disciplinary investigation;
• Consider the implications arising from the Joint Child Protection Investigation Team (JCPIT) decision whether or not to investigate an allegation of crime;
• Consider, if a Section 47 Enquiry is appropriate, whether a complex abuse investigation is applicable;
• Scope and plan the Section 47 Enquiry;
• Consider the sequence of any investigation so that it avoids duplication and ensures that evidence is obtained to the necessary standard of proof;
• Set a date for a further Strategy Meeting (preferably within one month of the referral being received with a view to concluding the enquiry as soon as possible);
• Allocate tasks;
• Set time-scales;
• Consider who will need to receive minutes of the meeting if they are not present e.g. legal and HR representatives.

The meeting must also:

• Ensure any emergency action needed to protect a child/young person is taken;
• Ensure all children/young people who may be affected directly or indirectly are identified, considered and provided with support, including ex-residents if appropriate;
• Consider (where relevant) which other local authorities should be informed;
• Ensure the investigation is sufficiently independent;
• Make arrangements to ensure the safety of children/young people known to the worker outside of the workplace;
• Make arrangements to inform the child's/young person's parents, and consider how to involve them in the investigation and provide support and information during enquiries;
• Consider the safety of children/young people after the enquiry;
• Recommend to employing agency or responsible authority any action required to protect the interests of children/young people whilst enquiries are conducted, including staff transfer, suspension or removal (such action is the responsibility of the employing / responsible agency and is to be taken in the light of details of the individual case and in accordance with HR procedures agreed with trades union or work place representatives);
• Agree which manager within each agency will be responsible for co-ordinating the investigation;
• Consider the need to interview other members of staff and ex-members of staff;
• Consider the need for individual support for any workers, including those who are the subject of allegations e.g. local authority occupational health or employee welfare arrangements;
• Consider linkage and impact on industrial relations, personnel issues, registration and complaints issues;
• Consider use of any record of video interviews for disciplinary purposes;
• Consider the future of the establishment where it is considered that abuse has pervaded the whole staffing group with the involvement or collusion of managers;
• Consider possible claims for compensation and alert insurers;
• Consider notifying the chief executive / senior officer of the employing agency;
• Identify the information to be shared with the alleged abuser and who should undertake this;
• Agree on management of any anticipated media interest and consider initiating a media strategy;
• Completion of a 'Need to Know' if appropriate.

Notes of the Strategy Meeting should be approved by the chair and circulated to all participants within five working days - see Guide for the subject of the allegation and the family of the child(ren).

The enquiry should take into account any signs or patterns, which could suggest the abuse may be more widespread than it appears and involves other alleged perpetrators or institutions (see procedures for organised & complex abuse in Complex (Organised or Multiple) Abuse Procedure.

During the course of the enquiries, the chair of the Strategy Meeting and the Designated Officer must be provided with regular progress reports as agreed at the initial Strategy Meeting.

4.8.1 Sharing Information and Disciplinary Purposes

In the initial consideration of a case, the agencies concerned, including the employer, should share all information they have about the subject of the allegation and about the alleged victim.

Whenever possible, Police and Children's Services should, during the course of their investigations and enquiries, obtain consent to provide the employer and / or regulatory body with statements and evidence for disciplinary purposes. This should be done as the investigation proceeds rather than at its conclusion so as to enable Police / CPS to share information those agencies consider may be relevant without delay when the investigation or any court case is over. If consent is denied, Police will have to request it formally and consult the Police legal team.

Children's Services should adopt a similar procedure when making enquiries to determine whether the child(ren)/young person named in the allegations is in need of protection or support services, so that any information obtained in the course of those enquiries and relevant to a disciplinary case, can be passed to employers without delay.

If the person is convicted, the Joint Child Protection Investigation Team (JCPIT) should promptly inform the Designated Officer who will inform the employer immediately so that appropriate action can be taken.

In addition to the issues addressed at the initial Strategy Meeting, review meetings must also address:

• Progress and results of enquiries;
• Therapeutic and support needs of child(ren)/young person;
• Appropriate applications for criminal injuries compensation;
• Support needs of all appropriate staff;
• Future needs of the establishment.

A final Strategy Meeting should be held at the end of enquiries to plan, e.g.:

• Relevant information from Children's Services / Joint Child Protection Investigation Team (JCPIT) that should be provided to the Designated Officer and the employer for disciplinary purposes;
• In the case of unsubstantiated allegations, what information will be recorded by Police for purposes of future DBS checks;
• Whether a referral to the Disclosure and Barring Service is required, and the form and content of a referral;

• If the person is subject to registration or regulation by a professional body or regulator, for example by the Social Work England, General Medical Council, OFSTED etc. the Designated Officer should advise on whether a referral to that body is appropriate;
• Identification of any improvements to enquiry process followed.

The Police or CPS should inform the employer and Designated Officer straightaway when:

• A criminal investigation and any subsequent trial is complete;
• It is decided to close an investigation without charge; or
• It is decided not to prosecute after the person has been charged.

The information provided by the Police and/or Children's Services should inform a consequent discussion between the Designated Officer and employer of next steps which may include:

• No further action;
• Further investigation to decide how to proceed (usually undertaken by the employer, though (s)he may need to commission an independent investigation, dependent on resources and the nature and complexity of the allegation);
• Summary dismissal in compliance with disciplinary procedures;
• Decision not to use the person's services in the future;
• Consideration of a referral to the Disclosure and Barring Service ( DBS).

The discussion should take into account the different standard of proof in disciplinary (balance of probabilities) and criminal proceedings (beyond all reasonable doubt).

If formal disciplinary action is not required, appropriate action should be instituted within three working days.

If a disciplinary hearing is required and can be held without further investigation, the hearing should be held within fifteen working days.

If further investigation is required to inform consideration of disciplinary action the employer should discuss with the Designated Officer, who is best positioned to undertake it (in some settings and circumstances, it may be appropriate for the disciplinary investigation to be conducted by a person independent of the employer or person's line management to ensure objectivity. In any case, the investigating officer should aim to provide a report within ten working days.

On receipt of the above report, the employer should decide within two working days whether a disciplinary hearing is needed, and if so it should be held within fifteen working days.

In any case in which Children's Services has undertaken enquiries to determine whether child(ren)/young people are in need of protection, the employer should take account of any relevant information obtained in the course of these enquiries when considering disciplinary action.

The Designated Officer should continue to liaise with the employer to monitor progress and advise / support when required / requested.

'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.

'Unsubstantiated' - There is insufficient evidence to either prove or disprove the allegation. The term, therefore, does not imply guilt or innocence.

Schools may wish to use the additional definition of ‘unfounded’ to reflect cases where there is no evidence or proper basis which supports the allegation being made. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively they may not have been aware of all the circumstances.

Outcomes noted from the DfE Guidance entitled Keeping Children Safe in Education Statutory Guidance for Schools and Colleges.

If the allegation is substantiated and on conclusion of the case, the employer dismisses the person, ceases to use the person's services, or the person ceases to provide her/his services, the employer should consult the Designated Officer about whether a referral to the is required, or advisable, and the form and content of such a referral. If the allegation is substantiated and on conclusion of the case, the employer dismisses the person, ceases to use the person's services, or the person ceases to provide her/his services, the employer should consult the Designated Officer about whether a referral to the Disclosure and Barring Service is required and the form and content of such a referral. Referrals must be made to the Disclosure and Barring Service (DBS) (see Home Office website) when an employer or organisation believes a person has caused harm or poses a future risk of harm to children and young people.

The Designated Officer should also advise whether it is appropriate to make a referral to a professional body or regulatory body e.g. the Social Work England, General Medical Council, Teaching Regulation Agency, Ofsted etc.

If a referral is appropriate the report should be made within one month.

When, following initial enquiries, it is concluded there is insufficient evidence to determine whether the allegation is substantiated, the chair of the Strategy Meeting will ensure relevant information is passed to the employing agency. The relevant senior manager of that agency will consider what further action, if any, should be taken in consultation with the Designated Officer.

The member of staff concerned must be notified in writing of the outcome and the child/young person and her/his parents should also be notified of this decision.

Consideration must be given to:

• Any support the staff member may need, particularly if returning to work following suspension e.g. phased return, mentor;
• The provision of support or counselling for the child/young person, and if appropriate her/his parents, taking full account of a child's/young person's needs if a seemingly false or malicious allegation has been made;
• How to manage any future contact between the member of staff and the child(ren)/young person who made the allegation.

If an allegation is determined to be unfounded, the Designated Officer should consider:

• Referring the matter to Children's Services to determine if the child/young person is in need of services, or may have been abused by someone else;
• Asking Police to consider what action may be appropriate in the rare event an allegation was deliberately invented or malicious.

Any disciplinary process must be clearly separated from child protection enquiries. Child protection enquiries take priority over any disciplinary investigations, and will determine whether the investigations can be carried out concurrently.

The fact that there may be insufficient evidence to support a Police investigation or prosecution should not prevent any action being taken that is necessary to safeguard a child's/young person's welfare.

It may be the allegation was prompted by inappropriate behaviour, not considered sufficiently harmful under the child protection procedures, but may still need to be considered under the disciplinary procedures.

Following notification that the child protection enquiry and or criminal investigation has been concluded, staff conducting any disciplinary proceeding should have all relevant information from Children's Services and the Joint Child Protection Investigation Team (JCPIT) made available to them.

All possible steps must be taken to avoid repeat interviewing of a child/young person.

All allegations must be recorded clearly and accurately. Where a child/young person has made an allegation, a copy of the statement / record must be kept on the section of her/his file not open to disclosure, together with a record of the outcome of any investigation. For related criminal or civil proceedings, records may be subject to disclosure.

A clear and comprehensive record must be maintained (by the employing agency) on the worker's confidential HR file, and a copy provided to the member of staff concerned, of:

• Any allegations made;
• How the allegation was followed up and resolved;
• Any action taken and decisions reached.

This record will:

• Enable accurate information to be provided in response to future requests for references;
• Provide clarification in cases where a future DBS disclosure reveals information of an allegation that did not result in a criminal conviction;
• Prevent unnecessary re-investigation if an allegation re-surfaces in the future.

The record should be retained, including for people who leave the organisation, at least until the individual concerned has reached normal retirement age, or for a period of ten years from the date of the allegation (if longer).

If an allegation is 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 in the future.

With effect from 1 October 2012, the Education Act 2011 introduced reporting restrictions preventing the publication of any material that may lead to the identification of a teacher who has been accused by, or on behalf of, a pupil from the same school (where that identification would identify the teacher as the subject of the allegation). The reporting restrictions apply until the point that the accused person is charged with an offence, or until the Secretary of State or the General Teaching Council for Wales publishes information about an investigation or decision in a disciplinary case arising from the allegation. The reporting restrictions also cease to apply if the individual to whom the restrictions apply effectively waives their right to anonymity by going public themselves or by giving their written consent for another to do so or if a judge lifts restrictions in response to a request to do so. Breaching the reporting restrictions is a criminal offence.

The Designated Officer, Police and children’s social care services should agree the following:

• Who needs to know and, importantly, exactly what information can be shared;
• How to manage speculation, leaks and gossip;
• What, if any information can be reasonably given to the wider community to reduce speculation; and
• How to manage press interest if and when it should arise.

(Note that this provision applies only to teachers, not to other staff in educational establishments).

Allegations against agency staff should also be dealt with by following the procedures in this module. The employing agency must (following receipt of legal advice with respect to confidentiality and preservation of integrity of the investigation), be informed of the allegation and the outcome of the enquiry.

Ofsted must be notified of any action taken under the child protection procedures in any residential and other regulated establishments.

For the purposes of this procedure, the term 'carer' refers to formally approved foster carers, short break carers and supported lodgings carers who may provide placement(s) directly for the local authority or for an independent organisation.

LADO Procedures will apply if:

• A child/young person is living in an Early Permanence/‘foster for adoption’ placement then LADO procedures must apply, as the carers are identified as a foster carers up until to the point at which the Agency Decision Maker confirms the panel matching recommendation.

Section 47 Procedures will apply if:

• A child/young person is placed for adoption under a Placement Order (as per the Hertfordshire Social Work Procedures Manual, Adoption Panel and Agency Decision Maker's Decision Procedure).

See also:

Section 47 Enquiry Procedure

Managing Allegations Against Foster Carers (hertfordshire.gov.uk)

What Happens if an Allegation is Made Against Me or My Family? (fosteringhandbook.com)

In order to support foster carers in the first instance, the expectation is that:

1. Any allegation of abuse must be dealt with fairly, quickly and consistently, in a way that provides effective protection for the child/young person and supports the person who is the subject of the allegation;
2. Fostering staff should be informed and involved in all Strategy Discussions to provide information and consider the implications for past, current and future placements, and requirements of panel procedures;
3. An allegation may require consideration from four inter-related perspectives: child protection, criminal investigation, fostering panel procedures and the complaints procedure. This manual primarily addresses the child protection perspective.

Any person who receives information or suspects that a child/young person has been harmed or likely to suffer harm in a foster placement must immediately inform their manager in the first instance and the child’s/young person's social worker, or their manager, to avoid delay (as per LADO procedures – See Section 1, Scope of Allegations).

The recipient of an allegation should not attempt to determine its validity and failure to report it in accordance with procedures is a potential disciplinary matter.

See also: Contacts and Referrals Procedure, How to Contact Children's Services.

The child’s/young person's Social Worker and their Team Manager must immediately inform the relevant Fostering Team Manager and Supervising Social Worker of the allegation or referral.

When the Supervising Social Worker receives this information, they will inform the Social Workers for any other child/young person in the placement and any local authority with an interest in the foster placement.

The relevant Team Manager for the child/young person and the Fostering Team Manager should jointly decide whether the allegation /complaint/concern satisfies the threshold in Section 1, Scope of Allegations, and if threshold is met then the Team Manager for the child/young person must notify the Designated Officer (utilising the Hertfordshire County Council Professional Referral Form to LADO and Threshold Document), for the convening of a LADO strategy meeting.

For Out of Hours information, see: Contacts and Referrals Procedure, Contacts Outside of Normal Hours.

Where there is any doubt about threshold for referral to LADO then the relevant Team Manager for the child/young person and the Fostering Team Manager may seek the advice of the LADO using the LADO referral process.

The relevant Team Manager responsible for the child/young person must make an immediate assessment of the level of risk to the child(ren)/young person in placement and take any necessary prompt action (i.e. medical, police removal of a child/young person, etc). Consideration should be given as to whether a referral is needed for the foster carer’s own children. See Contacts and Referrals Procedure.

Where there is reasonable cause to suspect the child/young person has suffered significant harm, the relevant Team Manager for the child/young person should consider whether or not an immediate Strategy Discussion needs to take place (i.e. for medical examinations, inviting police to preserve evidence etc.) In these cases a LADO may be invited if appropriate. The results of any enquiry completed prior to the LADO Strategy meeting must be made available to the Strategy Meeting in writing.

Hertfordshire Carers Living Out of Area

For allegations against Hertfordshire carers who live another local authority, in addition to the actions identified in section 8.3 the child’s/young person's Social Worker must.

1. Make a referral to the LADO for that area and send the LADO referral form and request notification of the outcome of the investigation;
2. Upon receipt of information, child’s/young person's Social Worker to send information to the Supervising Social Worker in the Fostering service, who should then upload the information to the foster carer’s record and inform the Placement IRO of the outcome.

Out of Hours

For Referrals Out Of Hours details, see Contacts and Referrals Procedure, How to Contact Children's Services.

If an incident occurs in Out of Hours (i.e. over the weekend) it is the allocated worker’s responsibility to inform the LADO.

See also: Strategy Discussion and Meetings Procedure.

If the concern does not satisfy the threshold in Section 1, Scope of Allegations or after consultation with the Designated Officer, it is agreed it is not a child protection issue (there may be occasions where children/young people are unintentionally harmed in the course of managing a child's/young person's challenging behaviour), the case may be appropriately responded to through internal reviewing structures, which may include support and supervision of the carers. The Designated Officer may discuss how this is best accomplished with the service provider. See: Hertfordshire Social Work Procedures Manual, Foster Carer Reviews Procedure.

The decision and the reasons for this must be clearly recorded on both the child/young person and the carer's files.

If there is insufficient information to identify if the allegation is a ‘standards of care’ issue or if threshold is met for investigation about suspected abuse, the child’s/young person's social worker / team, in consultation with the Fostering Team, could make preliminary enquiries / initial consideration of the allegation(s) whilst being mindful not to compromise any future investigations. If at all possible, the child/young person should be seen outside of the placement and the foster carer should not be made aware of allegations at this point. Any actions regarding preliminary enquiries must be clearly recorded in the case notes under ‘statutory visits’ and a notification should be sent to the relevant professionals on LCS. This should be made available to the LADO Strategy Meeting / Joint Evaluation Meeting convened regarding the issue.

Where threshold is met a Strategy Discussion in the form of a meeting, this must be held within 2 working days. The purpose of the meeting will be to decide whether an investigation is necessary and, if so, how it should be carried out. If emergency action is required the Strategy Meeting should be convened as soon as possible. See also Strategy Discussion and Meetings Procedure.

See Guide for the subject of the allegations.

The meeting will be chaired by a Designated Officer (LADO) who should be independent of management responsibility for the child/young person or carer; the following should be invited:

• Police;
• Child's/young person's social worker and manager;
• Supervising social workers (fostering, short breaks, adoption) and manager;
• Social workers for any other children/young people in placement;
• The employer's HR representative if the foster carer is an employee of the fostering service provider (IFAs);
• The manager of the team undertaking the S47 Enquiry;
• The Assessment Team Manager (if not the manager noted above);
• Any other agency involved with the child/young person or foster family;
• Health professional (e.g. Relevant Designated Nurse in health; and
• Education or Early Years representatives, if appropriate;
• LA Insurers, if relevant.

The Strategy Meeting must consider and record whether any further action is required with respect to:

• Child Protection;
• Criminal Investigation;
• Fostering or adoption panel procedures;
• Complaint procedures.

In addition to planning enquiries in accordance with standard Strategy Discussion procedures the meeting should consider the following issues:

1. The nature of the allegation, its source and reliability and any previous allegation made against carer, their family or any other household member;
2. Background information relating to the foster family (including the foster family’s strengths and weaknesses and any exceptional features about the child/young person and the placement, how long the family has been known. The safety of all children/young people in the household including the foster carer’s own children and whether any action is necessary to protect the children and whether the child(ren) should remain in placement while the investigation is conducted (removal of child(ren) should not be an automatic course of action - the decision making should be in the context of the best interests of the child/young person and the information available);
3. Other children/young people currently living in the carer's household or who may have had contact with the carer in other roles (e.g. child minder or youth worker), and those previously placed with the carers (including the need for Strategy Discussions / meetings with regard to any of these children/young people) and what information to be given;
4. Any proposed new placements with the carer - should generally be delayed pending the outcome of the enquiry and the status of the carers, as co-workers and individuals who have a right to be heard;
5. The involvement of other agencies, for example if the child/young person was placed by another local authority and need to inform other agencies who use the foster home;
6. Who will inform Ofsted of the outcome of the meeting, if a representative is not present (see Hertfordshire Social Work Procedures Manual, Ofsted Notifications and Need to Know Notifications), which if made orally, must be confirmed in writing;
7. A referral to the Disclosure and Barring Service for inclusion on the Children’s Barred List. This should be considered whenever a carer is suspended / terminated from their duties;
8. Who will inform the carers and the child’s/young person's parents of the allegation (see Section 8.6.1, Informing Parents and Those with Parental Responsibility) and when and how the child/young person should be informed of the procedure to be followed and supported to be provided for the child/young person, including the carer’s child(ren) (e.g. use of advocates) through the process;
9. How the needs of any child/young person who has to leave the placement will be met including contact with other children in the placement;
10. Whether the alleged perpetrator should be asked to leave the home while the investigation is conducted and confirmation that the Chair will inform the carers of the allegation verbally and then in writing;
11. Support to be provided for carers from supervising social worker, fostering / adoption / family placement team and other sources;
12. Whether to initiate complex abuse procedures and how, by whom and the timescales for the investigation and any contingencies should timescales prove unlikely to be met investigation is to be conducted. (It is important that careful consideration is given to the planning of threshold when a joint investigation is recommended. In situations where the Police or Crown Prosecution Service recommend no further action then the social worker must interview the foster carers about all allegations and concerns. Interview notes must be taken and made available to future meetings and/or the Fostering Panel);
13. Once informed of the decision what support to offer the foster carers and how reports on the investigation will be shared with the foster carers and the child(ren)/young person in the placement;
14. Arrangements for reconvening the Strategy Meeting;
15. If a planned enquiry is required, the LADO will need to set out clearly the scope and the actions required of the planned enquiry (e.g. who should be interviewed), who is responsible for these and the timescales for completion of the enquiry. (Should information come to light during the enquiry to suggest either the scope of the enquiry and/or the actions need to change, the allocated social worker and their manager should contact the LADO immediately to review these).

Whether or not the Strategy Meeting considers that the allegation or suspicion has any foundation, the matter should be investigated unless there are exceptional circumstances, and Ofsted must also be notified of the decision and the outcome (for independent foster carers).

The minutes of the meeting must contain clear action points and clear time-scales for each action. The action points and timescales will be circulated within one working day after the meeting. Actions agreed must be recorded and be the responsibility of named individuals.

Copies of the action points and the minutes should be held on the child's/young person's and the foster carer's records.

Any decision to take no further action following the Strategy Meeting must be clearly recorded by the decision-maker on the child's/young person's and the foster carer's records, and reported to Ofsted.

The Social Worker undertaking the investigation will prepare a report on the investigation and a copy will be provided to the foster carers and their representatives.

In the case of Independent Fostering Agencies (IFAs) whether they live in Hertfordshire or another Local Authority, providers of fostering agencies must notify Ofsted of any serious incidencesidentified in Schedule 7 of the Fostering Service (England) Regulations 2011, which also includes allegations against carers. The IFA must complete an Ofsted Notification Report and send it to Ofsted and also send a copy to the Brokerage Accommodation Team (BAT) and Social Worker for the child/young person. The Brokerage Accommodation Team will liaise with the provider about their accountability to liaise with the LADO in the area for the carer. BAT will also ask the child’s/young person's social worker to liaise with the relevant LADO and BAT will seek feedback from the social worker regarding the progress of the LADO investigation. The Brokerage Accommodation Team will also monitor outcomes of the investigation along with any commissioning related issues.

The Section 47 Enquiry and any Police investigation will take place in accordance with the Section 47 Enquiry Procedure. See also: Concerns or Allegations Against Foster Carers Investigation Report Template.

Enquires must be conducted in the strictest confidence so that information can be given freely without fear of victimisation, and in a way that protects the rights of carers and their families.

9.6.1 Maintaining Independence in the Enquiry / Investigation

See also: Concerns or Allegations Against Foster Carers Investigation Report Template.

The close relationship between carers and Children's Services and the need to ensure the investigating social worker's independence should be taken into consideration in the allocation and management of any enquiries / investigation. Any reports completed should be sent to the LADO Strategy Meeting.

Where possible, the person undertaking the planned enquiry must not be the child's/young person's social worker, or a worker managed by the person with line responsibility for the child(ren)/young people.

Where the Strategy Meeting / LADO recommend a planned enquiry, this should be conducted by the relevant Assessment Team where the carer lives. The need for independence of the investigation is to be maintained, where possible. The investigation will need to consider the other children in the household. Any planned enquiry reports should be made available to the LADO Strategy Meeting.

Where the Assessment Social Worker has been requested to complete the planned enquiry, in this instance the social worker must ensure that:

• The scope of the enquiry is defined by the Strategy Meeting and can be clarified with the LADO;
• Any changes or updated information presented during the enquiry must be reported to their line manager and the LADO as soon as possible;
• The report template (see Documents Library) including outcomes should be completed and should be shared with the LADO in a timely way, including well in advance of any further strategy meetings.

9.6.2 Informing Parents and Those with Parental Responsibility

Decision about how to inform parents and those with Parental Responsibility will be made at the strategy meeting.

Parents of relevant children/young people should be given information about the concerns, advised on the process and outcomes reached. Provision of information and advice must not impede the proper exercise of the enquiry, disciplinary and investigative processes whilst protecting the rights of carers and their families.

See Guide for the subject of the allegations.

9.6.3 Placements

No further placements of any kind should be made with the foster carers until the enquiry has been concluded unless the Strategy Meeting decides otherwise.

The fostering / adoption / family placement service manager should determine the nature of carer(s)' payments during the enquiry.

Support for carers during the enquiry.

The supportive role of the fostering / adoption / family placement team should be considered at the Strategy Discussion, which must ensure all involved understand the focus for the supervising social worker is the child/young person and that (s)he will be unable to provide unconditional support to the carer.

When the carer is informed of the allegation the supervising social worker should explain her/his role and ensure the carer is aware of other sources of support, e.g. one or more of the following:

• A friend;
• Local Foster Care Association; or
• The Fostering Network.

Carers who are members of the Fostering Network have access to legal advice (see the Foster carer handbook for details). Those who are not members of the Fostering Network should be informed that they can seek legal advice and representation.

Carers must be informed that, if the allegations culminate in court proceedings, witnesses including support workers or friends may be required to give evidence.

During the course of the investigation carers have the right to:

• Details concerning the nature of allegations (timing will be dependent upon Police and Children's Services investigation);
• Written contact details for the relevant managers;
• A written copy of the procedures being followed;
• A written statement about existing placements;
• A written statement about future placements;
• Signposting to information regarding financial arrangements;
• Make a written statement to the fostering team (to research);
• An indication of the time scale for the investigation;
• Details of independent support and how this may be acquired;
• Receive details in writing of all decisions made about them and actions taken.

Another Strategy Discussion must be held at the conclusion of an enquiry. The meeting will be chaired by a Designated Officer. Where possible, the same people will be invited to attend and, where possible, the same person will chair the meeting to ensure all information is shared to:

• Ensure all actions agreed in previous strategy meetings have been completed;
• Agree the conclusions of the enquiry as either:
  • ‘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;
  • ‘Unsubstantiated’ - There is insufficient evidence to either prove or disprove the allegation. The term, therefore, does not imply guilt or innocence.

The meeting may wish to use the additional definition of ‘unfounded’ to reflect cases where there is no evidence or proper basis which supports the allegation being made. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively they may not have been aware of all the circumstances.

Outcomes noted from the DfE Guidance entitled Keeping Children Safe in Education Statutory Guidance for Schools and Colleges.

• Address whether looked after child(ren/young person) remain in or return to placement;
• Clarify any plans for protecting any children/young person including the carer’s children;
• Consider counselling / therapeutic needs for those affected;
• Agree who should inform the child/young person, the parents, other children/young people in the placement or involved, other relevant agencies and Ofsted (if they do not attend meeting) of the recommendations made at the meeting in writing.

The concluding Strategy Discussion record of the minutes and decisions arising must be put in writing and placed on the carers' files.

The Designated Officer (LADO) must ensure that within two weeks of the concluding Strategy Discussion, a letter is sent to all parties including parents and carers, outlining conclusions made and actions to be taken. A copy should be placed on the carer's file.

The Chair (the LADO) will notify the foster carers in writing to inform them of the outcome and relevant actions/recommendations. A decision should be taken at the meeting as to whom should inform the child/young person, the parents, other children/young people in the placement or involved, other relevant agencies and Ofsted (if they do not attend the meeting) of the recommendations made at the meeting in writing. Two weeks from conclusion a copy of the Conclusion Letter should be sent to the relevant Fostering Team Manager to upload onto the foster carer’s records. Allegations recorded on carer’s file on LCS.

In any event the meeting may wish to draw to the attention of Fostering Panel members certain areas of the foster carer’s practice in need of their close consideration. Standard 22 of the Fostering Service National Minimum Standards (FNMS) is clear, however, that investigations which find no evidence of harm should not become route to looking into poor standards of care as these should be treated separately.

A report should be presented to the next available Fostering Panel. See Foster Carer Reviews Procedure. Standard 22 of the FNMS 2011 requires that the Fostering Panel must be informed of all allegations and a review of approval conducted. This review will be conducted by the Fostering IRO Team (Placement IROs) who will prepare a written report to the Fostering Panel.

Prior to Fostering Panel, the foster carers and their representative should have seen, and had time (4 weeks) to comment on the report being presented to the Panel. The procedures to be adopted for the Fostering Panel will be the same as for any other foster carer review – see Foster Carer Reviews Procedure.

All relevant documents in relation to the investigation, whatever the outcome, must be retained on the child’s/young person's and the foster carer’s records. Standard 22 of the FNMS 2011 required that details of any allegations made and action taken must be kept on file and retained and shared with the carer when the allegation has been dealt with.

Consideration should be given to holding a debriefing meeting for all involved as to the impact of the allegations and the investigation, whatever the outcome, and any necessary assistance should be made available as necessary.

8.7.1 Informing the Fostering / Adoption Panel

The fostering / adoption / family placement team (The Fostering IROs undertake these review) must review the status of the carers within twenty eight days of the conclusion of the enquiry and present a review report to the fostering / adoption panel. See also: Concerns or Allegations Against Foster Carers Investigation Report Template.

The report will address:

• Findings of the enquiry, including if a report has been forwarded to the Crown Prosecution Service;
• What, if any concerns remain;
• The views and experience of the carer;
• Views of the family placement / supervising social worker;
• Any implications for the safer caring agreement;
• Training issues;
• Any other issues relevant to an annual review;
• Other information relevant to the child/young person in placement.

This process provides the carer with the opportunity to reflect on their experience and consider what action they might wish to consider. They must be informed of the panel date and information on the complaints and access to files procedures.

Following the review, the writer of the report must confirm to the carer the recommendation that will be made to the panel along with a copy of the review report. The possible recommendations are:

• Immediate re-instatement of the carer, if approval and use had been suspended;
• Re-assessment of the carer in relation to the identified concerns;
• The carer remaining on hold pending the decision of the Crown Prosecution Service;
• The carer choosing to resign;
• The concerns are sufficiently serious to warrant termination of approval regardless of whether there is a Crown Prosecution Service decision to prosecute.

8.7.2 The Fostering Panel

The panel must consider the following information prior to drawing its conclusions:

• The review report by the Fostering IRO and recommendation by the supervising social worker;
•  Any written submission by the carer(s);
• Minutes from any relevant child protection conference;
• A summary of or a redacted version of the strategy minutes if requested by the supervising social worker and agreed with the Designated Officer.

Both the supervising social worker and her/his manager and the Fostering IRO must attend the panel meeting.

The panel chair should without delay, forward the panel's recommendations to the 'agency decision maker'. The decision maker, informed by the panel's conclusions, must then make her/his determination and progress it in accordance with the respective requirements of:

• For foster carers, the Fostering Services Regulations 2011;
• For approved adopters, the Adoption Agencies Regulations 2011.

A copy of the letter must be sent to the service manager (fostering / adoption / family placement) for inclusion on the carer's file.

8.7.3 Support for Child/young person after the Enquiry / Investigation

The Team Manager responsible for the child/young person must consider whether any additional / individual support should be offered to the child/young person and her/his family at the end of the Section 47 Enquiry.

See Guide for the subject of the allegations.

8.7.4 Support for Carer after the Enquiry / Investigation

The fostering / adoption / family placement Team Manager must consider whether any additional / individual support should be offered to the carer and her/his family at the end of the Section 47 Enquiry.

Following conclusion and feedback of the results of the enquiry and any investigation the supervising social worker should offer the carers the opportunity to discuss the process, including its impact on the family and future implications for provision of care.

Whatever the final outcome, carers should be offered continued advice, support and help from the fostering / adoption / family placement team, using a written agreement to define the period of time, level and quality of support.

See Guide for the subject of the allegations.

8.7.5 Role of the Supervising Social Worker

The role of the supervising social worker should be to:

• Be informed of the allegation from the outset;
• Attend the Strategy Discussions;
• Link with investigating social workers about when to make contact with the carer(s);
• Contact the carer as determined at the Strategy Discussion;
• Ensure the carer receives appropriate information and advice;
• Attend any follow up interview with the carer and her/his family, unless this is judged inappropriate.

If following the conclusion of protection processes, further enquires are pursued for the purposes of the fostering panel, Ofsted or a complaint investigation, they should be arranged in a way that avoids the repeated interviewing of children/young people and other vulnerable witnesses.

Subject to legal constraints the fostering manager should consult with the Designated Officer (LADO) to obtain any evidence gathered in the course of an enquiry about allegations against foster carers so that it can be made available to staff responsible for complaints, fostering panel and Ofsted.

Consideration must be given by the case responsible team / service manager and the Strategy Meeting chair about the possibility that the circumstances may meet the threshold for a Practice Review (previously Serious Case Review). The Head of Child Protection CS and the HSCP Service Manager must be consulted and informed of any potential cases. Cases in which the threshold appears to be met must be referred to the Local Child Safeguarding Practice Review Panel sub-group by the social work team managing the child’s/young person's case.

The Designated Officer (LADO) should advise whether a referral should be made to the Disclosure and Barring Service and relevant regulatory body.

All relevant documents in relation to the investigation, whatever the outcome, must be retained on the child’s/young person's and the foster carer records. Standard 22 of the FNMS 2011 requires that details of any allegations made and actions must be kept on file and retained and shared with the carer when the allegation has been dealt with.

Any instigation and outcome of a Section 47 Enquiry involving a child/young person placed with foster carers must be notified to Ofsted.

For Independent Fostering Agencies (IFAs) only, the supervising social worker should, after the panel has drawn its conclusions and the agency decision maker has communicated her/his qualifying determination to the carer(s), complete a report, including the following information:

• Name of foster carer(s);
• D.O.B and ethnicity of foster carer(s);
• Address of foster carer(s);
• Name, D.O.B and ethnicity of child(ren)/young person concerned;
• Nature of child protection enquiry, including date of allegation;
• Panel's conclusions and recommendations i.e. immediate reinstatement of the carer / re-assessment of the carer in relation to the concerns that have been identified / the carer(s) remaining on hold depending on the decision of the CPS / carer(s) choosing to withdraw / concerns sufficiently serious to warrant termination of approval regardless of whether there is a CPS decision to prosecute;
• Date of outcomes.

This report should be countersigned by the registered manager for the adoption / fostering service and copies sent within 7 working days of receipt of the agency decision maker's decision to:

• Ofsted;
• Service manager for looked after children;
• The carer;
• Designated Officer.

A copy of the report must be placed in key information at the front of the carer's file.