Arrangements therefore for managing concerns or allegations of this nature should be robust and effective in keeping children safe.  All allegations should be taken seriously, approached with an open mind, and not driven by pre-conceived opinions about whether a child has or has not been harmed.

Measures put in place in managing enquiries should be proportionate and timely, open to challenge, and in the best traditions of collaborative working, as set out in statutory guidance.

These procedures should be used by all organisations where people work with Children and Young People. This  includes organisations that provide staff or volunteers to work with or care for children alongside those who come into contact with children through their work.

These procedures should be read in conjunction with:

• Working Together to Safeguard Children (2010)
• Safeguarding Children and Safer Recruitment in Education (2006)
• Guidance for Safer Working Practice for Adults who Work with children and young people (2007)

These procedures are based on the framework for dealing with allegations made against a person who works with children, detailed in Chapter 6 and appendix 5 of Working Together to Safeguard Children 2010, and should be applied when there is an allegation that a person who works with a child has:

• 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.

(NB this will include carers in a pre-adoptive situation)

This may be in connection with the person's  employment or voluntary activity, or where:

• Concerns arise about the person's behaviour with regard to his/her own children.
• Concerns arise about the behaviour in the private or community life of the individual, a partner, member of the family or other household member.

Any allegation of abuse made by a child or young person against an adult who works in any of these settings must be investigated through these procedures.

There may be up to 3 strands in considering a concern or an allegation:

• A police investigation of a criminal offence.
• Enquiries and assessment by Children's Social Care about whether a child or young person is in need of services.
• Consideration by an employer of disciplinary action in respect of the individual.

These procedures do not apply to matters that amount to poor practice, which remain within normal line management arrangements.

Compliance with these procedures should help ensure that allegations of abuse are dealt with expeditiously, consistent with a thorough and fair process.

Underlying principles:

• The welfare of the child is paramount
• Adults about whom there are concerns should be treated fairly and honestly and should be provided with support.
• It is the responsibility of all adults to safeguard and promote the welfare of children and young people.  This responsibility extends to a duty of care for those adults employed, commissioned or contracted to work with children and young people.

In order to discharge the duties of the Safeguarding Children Board each member organisation should identify a NAMED SENIOR OFFICER (NSO) with overall responsibility for;

• Ensuring that the organisation operates these procedures for dealing with allegations in accordance with guidance laid out in Appendix 5 of Working Together 2010.
• Resolving any inter agency issues that may arise
• Liaising with the Local Safeguarding Children Board
• Meeting with the Local Authority Designated Officer (LADO) on a regular basis to discuss organizational response to allegations against professionals.

Employers should:

• Put in place and operate arrangements for handling allegations in accordance with these procedures.
• Identify a SENIOR MANAGER (SM) in an operational role to whom allegations or concerns should be reported, and a deputy in his/her absence or if he/she is the subject of the allegation. 

The Senior Manager within the organisation has overall responsibility for:

• Ensuring procedures are properly applied and implemented and
• Providing advice, information and guidance for staff within the organization.

The KSCB and Local Authority will appoint a LOCAL AUTHORITY DESIGNATED OFFICER (LADO) who will:

• Be involved in the management and oversight of individual cases
• Provide advice and guidance to employers and voluntary organisations
• Liaise with the police and other agencies
• Monitor the progress of cases to ensure that they are dealt with as quickly as possible consistent with a thorough and fair process.
• Report regularly to the KSCB on the number, nature and progress of cases
• Meet with Named Senior Officers on a quarterly basis to monitor organisational response to allegations made against professionals.

In Knowsley the overall LADO responsibility is assigned to the Service Manager in the Quality Assurance Unit who will delegate specific tasks (i.e. chairing of Strategy Meetings) to Principal Officers within the Unit.

Staff should be aware that children and young people may feel unable to express concerns.  All staff should therefore be aware that they have a legal duty to take action, if the concern is about the safety of children.

If a member of staff believes that a reported allegation or concern is not being dealt with appropriately, she/he should report the matter to a senior person within their agency, to the designated/named officer for child protection or the LADO.

Historical allegations should be responded to in the same way as contemporary concerns.  It is important to establish if the person is still working with children and if so inform the current employer or voluntary organization.

Throughout the process Senior Managers will need to exercise their professional judgment.  It is therefore important to

• Consult appropriately
• Acknowledge any lack of expertise or information
• Keep an open mind until a conclusion is reached
• Consider other options or alternatives
• Know and act in accordance with the law/appropriate procedures/guidance
• Take account of all relevant factors
• Apply the duty of care

There are a number of sources from which an allegation or complaint might arise:

• A child or an adult
• A parent/carer
• A member of the public
• A worker
• Professional body

Agencies covered by these pan-Knowsley procedures should have in place   their own polices, procedures and guidance relating to the conduct of their employees and they should be used to ensure compliance with these procedures.

Information sharing is vital to safeguarding and promoting the welfare of children and young people.  Disclosure of information to safeguard children is supported by the Children Act 1989 and Working Together, and by application of the welfare principle.  Additionally, there are clauses within both the Data Protection Act and Human Rights Act which allow for information to be shared for these purposes.  Disclosure of any information should always be on a 'need to know' basis.

The person to whom the allegation/complaint is reported should:

• Treat the matter seriously
• Avoid asking leading questions and keep an open mind
• Make a written record of the information (where possible in the child's own words) including
  • When the alleged incident took place (time and date)
  • Who was present
  • What happened
• Sign and date the written record
• Report the matter immediately to the Designated Senior Manager, or deputy in his/her absence or where the Designated Senior Manager is the subject of the allegation.

The person to whom a concern or allegation is reported should not attempt to investigate the matter as this could compromise any potential investigation.  Neither should they make assumptions or interpretations, make suggestions or offer alternative explanations or promise confidentiality to the child, or other person making the allegation.  Instead, they should give assurance that the information will only be shared on a 'need to know' basis.

Senior Managers need to understand which behaviours to address directly through their complaints or disciplinary procedures and under what circumstances they should contact the LADO.  What constitutes appropriate or inappropriate behaviour will vary depending upon the context and nature of the work undertaken.  All employers have a responsibility to set personal and professional boundaries for their staff and to be explicit about what behaviours are illegal, inappropriate or unacceptable.

The Senior Manager should not investigate the matter by interviewing the accused person, the child or potential witness, but should:

• Obtain the written details of the allegation, signed and dated by   the person receiving the allegation/complaint
• Countersign and date the written details
• Record any other information and names of any potential witnesses.
• Record discussions about the child and/or member of staff, any decisions made, and the reason for these decisions

The Senior Manager and LADO should consider the nature, content and context of the allegation and agree a course of action together.  They should therefore;

• Establish that the complaint/allegation is within the scope of these procedures
• Verify whether there is evidence or information that establishes that the allegation is false or unfounded
• Consider whether further details are required (i.e. such as previous history, whether child/family have made similar allegations, and current contact with children).

This initial sharing of information and evaluation may lead to a decision that no further action is to be taken in regard to the individual facing the allegation or concern, and the manager will then decide how best to proceed within their organization.

For all other cases, the discussion will then focus on agreeing a course of action including deciding whether the information meets agreed thresholds to hold a strategy meeting under child protection procedures, and whether suspension of the adult is recommended as an appropriate initial action.  The power to suspend rests with the employer alone.

The advice of the LADO may also be sought where an employee's behaviour is a matter for concern because it compromises or may be seen to compromise the reputation and ability of the organization to safeguard children and young people.  Some examples include:

• Contravened any safe practice guidance
• Exploited or abused a position of power
• Acted in an irresponsible manner which any reasonable person would find alarming or questionable given the nature of work undertaken
• Demonstrated a failure to understand or appreciate how his or her own actions or those of others could adversely impact upon the safety and well being of a child
• Demonstrated an inability to make sound professional judgments which safeguard the welfare of children
• Failed to follow adequately policy or procedures relating to safeguarding and promoting the welfare of children
• Failed to understand or recognize the need for clear personal and professional boundaries in his or her work
• Behaved in a way in his or her personal life which could put children at risk of harm
• Become the subject of criminal proceedings not relating to a child
• Become subject to enquiries under local child protection procedures
• Behaved in a way which seriously undermines the trust and confidence placed in him or her by the employer

The LADO will advise Senior Manager on when and how to inform employee of complaint/allegation.

Use of Suspension

Working Together states that suspension should be considered in every case where;

• There is cause to suspect a child is at risk of significant harm
• The allegation warrants investigation by the police, or
• The allegation is so serious that it might be grounds for dismissal

When calling a strategy meeting consideration should be given to inviting;

• LADO
• Relevant Children's Social Care  social worker and his/her manager
• Supervising social worker and his/her manager when an allegation is made against a foster carer
• Police (sergeant from VPU or delegate)
• Senior Manager for the employer/establishment concerned
• Senior representative of the employment agency or voluntary organisation if the member of staff or volunteer has been placed by them, unless it is alleged that they have colluded or failed to respond to previous complaints.
• Manager from Fostering Service provider when allegation made against a Foster Carer
• Those responsible for regulation and inspection e.g. Ofsted
• Human Resource representatives as appropriate
• A medical practitioner with specialist knowledge
• Where a child is placed by or resident in the area of another Local Authority, a representative of that Authority
• Complaints officer if the concern has arisen from a complaint investigation is in progress.
• A representative of the legal department of the Local Authority
• In circumstances where the allegation is made against someone providing a commissioned service, a manager with responsibility for commissioning that service
• Consideration should be given at the beginning of enquires to gaining consent from those involved to use the statements obtained and information gathered in disciplinary proceedings this will enable information sharing to take place at the earliest opportunity.

The Strategy Meeting should:

• Review the three criteria set out in paragraph 1.7 above
• Review any previous concerns or allegations regarding the conduct of the accused person
• Consider whether there should be a Section 47 Enquiry (Children Act 1989) and/or police investigation and consider the implications.
• Consider whether any parallel disciplinary process should take place.
• Consider whether a complex abuse investigation is applicable
• Scope and plan enquires
• Allocate tasks and set timescales
• Determine what information can be shared, with whom and when.
• Ensure that arrangements are in place to protect the child/ren involved and any other children affected, including taking emergency action where needed.
• Consider what support should be provided to all children who may have been affected directly and indirectly. This should include any specific needs in relation to disability/communication difficulties.  Consideration should also be given to how best to help children understand the process and be kept informed about the progress of a case.
• Consider what support should be provided to the person against whom the complaint/allegation has been made and others who might have been affected.  This should include keeping people informed of progress of the case and outcome of any investigation and the implications for any disciplinary or related processes.
• Ensure that investigations are sufficiently independent
• Make arrangements to inform the child's parents and those with Parental Responsibility, and consider how to provide them with support and information during enquiries.
• Make recommendations where appropriate regarding suspension, or alternatives to suspension.
• Agree protocols for reviewing investigations and monitoring progress by LADO, having regard to timescales set out in Working Together 2010.
• Take note of agreed timescales as set out in Working Together to Safeguard Children 2010
• Should the allegation breach the professional code of practice consideration to be given to referral to regulatory body, e.g. GSCC
• Appropriate applications for criminal injuries compensation
• Media interest
• Sharing of information for disciplinary or suitability processes, including the use of any record of video interviews
• Plan further meetings as appropriate and agree date of review meeting
• Consider the need to share the statements and evidence with the employer

Those invited to participate in the strategy meeting should bring all relevant details of

• the employee, child and family
• information and contact details of any possible witnesses
• any other relevant concerns or employment issues regarding the employee  which may be of relevance to understanding the behaviour of an individual in relation to safeguarding concerns.-

NB If the information given about an adult's behaviour does not require a strategy meeting under Section 47, a similar meeting should be called to evaluate jointly the level of concern and to determine suitability issues.  Examples of which are detailed in paragraph 8.1 above

The Chair of the Strategy Meeting should regularly monitor the progress of cases either by:

• Review Strategy Discussion/Meeting
  
  Or
• By liaising with the police and/or Children's Social Care.  Where the timescales cannot be met, the Chair of the Strategy Meeting must record reasons and the LADO should be informed.

The LADO and the Designated Senior Manager should discuss and agree what action is appropriate in all cases where;

• It is clear at the outset or decided by a Strategy Discussion that the investigations by the police or enquires by Children's Social Care  are not necessary.
• The employer and LADO is informed by the police or the Crown Prosecution Service (CPS) that a criminal investigation and any subsequent trial is complete or that an investigation is to be closed without charge or a prosecution discontinued.

The discussion should consider any potential misconduct or gross misconduct on the part of the staff member and take into account:

• Information provided by the police and or Children's Social Care
• The result of any investigation or trial and the different standard of proof in disciplinary and criminal proceedings.

In such cases, it may be necessary to use statements the child/children have already given as part of the earlier investigation.  Children should not be re-interviewed for the purposes of a disciplinary investigation unless this is deemed crucial to the case.  In this event, a social worker or other professional experienced in conducting interviews with child witnesses should be used for this purpose.

In some circumstances it may be appropriate for the disciplinary investigation to be conducted by a person who is independent of the employer to ensure objectivity?

The aim of the investigation is not to prove or disprove an allegation, but 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.

On receipt of the disciplinary  report, the employer should decide within 2 working days whether a disciplinary hearing is needed, if so the hearing should be held in accordance with the employers disciplinary procedures.