8 Allegations against staff and / or volunteers
8.1 Threshold
"The framework for managing these cases applies to a wider range of allegations than those in which there is reasonable cause to believe a child is suffering, or likely to suffer, significant harm. It also caters for cases of allegations that might indicate that the alledged perpetrator is unsuitable to continue to work with children in his or her present position, or in any capacity. They should be used in respect of all cases in which it is alleged that a person who works with children has:
- behaved in a way which has harmed, or may have harmed, a child;
- possibly committed a criminal offence against, or related to, a child; or
- behaved towards a child or children in a way that indicates that s/he is unsuitable to work with children.
There may be up to three strands in the consideration of an allegation:
- a police investigation of a possible criminal offence;
- enquiries and assessment by children's social care about whether a child is in need of protection or in need of services; and
- consideration by an employer of disciplinary action in respect of an individual."
WSCB has, as one of its functions referred to earlier, a responsibility for ensuring that there are effective inter-agency procedures in place for dealing with alleagations against people who work with children, and for monitoring and evaluating the effectiveness of this procedures. In order to facilitate this, and to comply with safeguarding guidance, all partner agencies are expected to appoint a named senior officer who will have responsibility for:
- ensuring the organisation follows these procedures for any allegation which relates to someone who works with children;
- resolving any inter-agency issues; and
- liaising with WSCB.
These named senior officers must have the contact details for the Local Authority named individual who is known as the Local Authority Designated Officer (LADO), who they must notify as soon as a possible case is brought to their attention. The LADO will be involved in the management and oversight of individual cases, and provide advice and guidance to employers and voluntary organisations, liaising across those agencies involved in a case and "monitoring the progress of cases to ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process."
WSCB believes it would assist the facilitiation of these procedures and therefore belive it is important for all named senior officers and the LADO to regularly meet to discuss this guidance and procedures and identify any issues which they would wish to obtain WSCB views on and / or any leanring needs which they believe can be met through WSCB training. The LADO will also inform WSCB as to whether these procedures are being effectively carried out, and indentifying any inter-agency issues or difficulties that may arise and which may need addressing.
8.2 Process and planning the strategy
"Some allegations are so serious as to require immediate referral to social care and the police for investigation. Others are much less serious and at first signy may not seem to warrant consideration of a police investigation or enquiries by social care. However, it is important to ensure that even apparently less serious allegations are seen to be followed up, and that they are examined objectively by someone independent of the organisation concerned. Consequently, the LADO should be informed of all allegations that come to the employers attention and that appear to meet the criteria above."
Staff who become aware of any allegation made which appears to come within the scope of these procedures must report the allegation to their named senior officer, who will in turn discuss them with the LADO. The LADO will decide whether an 'Initial Action meeting' should be held.
The LADO will, with the employer, establish whether the allegation falls within the scope of these procedures, how and by whom the parents / carers of the child should be informed if not already aware and liaise with the police and / or social care where appropriate.
"The employer should inform the accused person about the allegation as soon as possible after consulting with the LADO. However, where a strategy discussion is needed, or it is clear that police or social care may need to be involved, that should not be done until those agencies have been consulted and agreed what information can be disclosed to the person.
If there is cause to suspect a child is suffering, or is likely to suffer, significant harm, a strategy discussion should be convened which should include the employer and take into account any information they can provide about the circumstances or context of the allegation." In cases where a formal strategy discussion is not considered appropriate, because the significant harm threshold is not reached, but a police investigation might be needed the LADO should conduct a similar discussion with the police, the employer and any other agencies involved with the child to evaluate the allegation and decide how it should be dealt with.
Where the strategy discussion or inital evaluation decides an investigation or enquiry is not required the LADO should discuss next steps with the employer.
The possible risk of harm to children posed by an accused person needs to be evaluated and managed effectively in respect to the child(ren) involved in the allegations, and any other children in the individual's home, work or community life. Therefore WSCB expects that all partner agencies will ensure that "In the initial strategy discussion or evaluation, the agencies concerned, including the employer, should share all relevant information they have about the person who is the subject of the allegation."
8.3 Outcomes
A number of outcomes are possible, depending on the nature and seriousness of the allegation and the evidence available to support it. Enquiries by social care may suggest that a child or children have been, or were likely to be, subject to significant harm and this will lead them to take whatever action is demmed to be appropriate to reduce that risk and / or provide support to those involved.
The police, and where appropriate in conjunction with the Crown Prosecution Service, will decide whether criminal proceedings should be initiated and an individual charged or cautioned.
Employers will, with the assistance of the LADO, decide what action, if any, to take as regards their continued employment of the person against whom the allegations were made. This will, to some extent, be influenced by the police and social care investigations but will also depend on any breaches of internal policies or procedures. They will also need to consider whether the person should be referred to the POCA List and / or any professional regulatory body to which the person may belong. Again, the LADO will consult with them on this decision and any referral should be made within one month.
