Allegations Against Professionals and LADO

Procedures, information, advice and guidance

Procedures, information, advice and guidance

LADO referral form

If you have concerns about a professional or volunteer working with children and young people, please follow the link below for the LADO referral form. Referrals to the LADO should be completed within 24hrs of a concern becoming known.

LADO referral form May (DOCX, 74.43 KB)

Introduction

These procedures have been created and should be considered in line with the following: 

  • Working Together to Safeguard Children (2023)
  • Keeping Children Safe in Education
  • London Safeguarding Children Procedures (Chapter 7 and Core Procedures)

All allegations of abuse, suspected abuse or other concerning behaviour by those who work or volunteer with children in Barking and Dagenham must be taken seriously and referred to the Designated Officer (LADO) within 24 hours of the allegation becoming known. This should be done either by contacting the LADO by telephone for initial advice or by using the LADO referral form.

Allegations against people, who work with children, whether in a paid or unpaid capacity, cover a wide range of circumstances. These procedures are not limited to the alleged harm of children in a professional capacity and can be applied to concerns related to the harm of a child outside of paid and unpaid work with children, for example, harm to their own children.

The scope of this procedure is not limited to allegations involving significant harm or likelihood of suffering significant harm to a child and includes unsuitable and criminal behaviour. Barking LADO procedures should be applied in all situations where it is alleged that a person who works with children has:

  • behaved in a way which has harmed a child, or may have harmed a child
  • possibly committed a criminal offence against or related to a child
  • behaved towards a child or children in a way that indicates they may pose a risk of harm to children
  • behaved or may have behaved in a way that indicates they may not be suitable to work with children

In line with the London Safeguarding Children Procedures, a referral to the LADO is also required where there is an allegation that a person who works with children:

  • has behaved in a way in their personal life that raises safeguarding concerns. These concerns do not have to directly relate to a child but could, for example, include arrest for possession of a weapon or drug offences
  • as a parent or carer, has become subject to child protection procedures
  • is closely associated with someone in their personal lives (e.g. partner, member of the family or other household member) who may present a risk of harm to children for whom the member of staff is responsible in their employment / volunteering

In October 2022, the London Safeguarding Children Procedures were updated in line with the Police, Crime, Sentencing and Courts Act 2022, which has extended the definition of Position of Trust within the Sexual Offences Act 2003 section 22A to include anyone who coaches, teaches, trains, supervises or instructs a child under the age of 18, in a sport or a religion:

  • having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual. The Police, Crime, Sentencing and Courts Act 2022 has extended the definition within the Sexual Offences Act 2003 section 22A to include anyone who coaches, teaches, trains, supervises or instructs a child under 18, on a regular basis, in a sport or a religion
  • 'grooming', i.e. meeting a child under 16 with intent to commit a relevant offence (see s15 Sexual Offences Act 2003)
  • other 'grooming' behaviour giving rise to concerns of a broader child protection nature e.g. inappropriate text / e-mail messages or images, gifts, socialising etc
  • possession of indecent photographs / pseudo-photographs of children

The allegations may relate to the person’s behaviour at work, at home or in another setting such as a voluntary role.

Where it is suspected that a person has harmed a child or possibility committed a criminal offence against or related to a child, the referrer should not discuss the allegation with the staff member or volunteer prior to referring the matter to the Designated Officer (LADO).

If you are unsure whether concerns about a persons conduct meets the allegation threshold or whether to make a referral, please contact the LADO for consultation.

How we might become aware of concerns

Concerns about a member of staff may arise in many different ways, including:

  • a direct allegation from a child or parent/carer
  • a concern expressed by a colleague
  • observations of practice / conduct towards a child
  • a criminal investigation
  • disciplinary procedures
  • complaint’s procedures
  • information from another authority or organisation
  • concerns about the alleged harm of a child outside the work environment

The concern may be contemporary in nature or historical or both. Even when concerns are clearly historical, allegations may have implications for the safety of children now; and should be dealt with within these procedures.

Procedures for managing allegations against professionals and volunteers who work with children

Allegations or concerns referred to the Designated Officer (LADO) will be considered against the criteria as set out above. In Barking and Dagenham, referred allegations or concerns are recorded within three categories.

Information and Advice

The information referred does not meet the allegation threshold as set out above, but a level of consultation is provided by the LADO. There is no further role for the Designated Officer. This may be considered a ‘low-level’ concern or the concerns are general and are not specific to a named person. 

LADO Consultation

The information referred raises concern around the staff or volunteer’s behaviour / conduct related to the safeguarding of children. The allegation threshold may not be met, or it may be more proportionate for the matter to be investigated and managed internally by the employer in line with HR processes. The LADO may wish to retain a level of oversight in order to review the allegation criteria.

Consultations may take the form of a telephone discussion, email or in the form of a meeting where it is not immediately obvious that the allegation threshold is met. 

LADO Referral

The information referred meets the allegation threshold and there is concern that a child or children have been harmed or are at risk of harm due to the behaviour or conduct of the staff member or volunteer. LADO referrals will be managed through a formal allegations process for which the Designated Officer (LADO) shall take the lead in the coordination. 

Initial Considerations

In cases deemed to have met the allegations criteria (LADO Referral) the Designated Officer will liaise with the employer to determine next steps and consider the immediate safety of the child/ren. A determination will be made as to what level of information can be shared and with who, this includes the staff member / volunteer and whether immediate action is needed for the purpose of safeguarding children. Where possible, it is important that the person who the allegation is against is not made aware of the allegation until the LADO has been consulted.

In some cases, suspension of a staff member / volunteer may be proportionate whilst the multi-agency response to the allegation is considered. The term ‘suspension without prejudice’ or ‘garden leave’ are often used and should be a neutral act. However, immediate suspension should be avoided in most circumstances, and it may be more proportionate for alternative work arrangements to be put in place in consultation with the LADO and the agencies own HR advisor. The LADO will help the employer to consider if the arrangements are satisfactory to keep children safe.

Employers have a duty of care to their employees. They should ensure they provide support for anyone facing an allegation and provide the employee with a named contact if they are suspended. It is essential that any allegation of abuse made against a member of staff or volunteer is dealt with as quickly as possible, in a fair and consistent way that provides effective protection for the child and, at the same time supports the person who is the subject of the allegation. It is also important that staff and volunteers are aware at the start of their employment, that allegations will be dealt with in this way.

In cases where a child has been harmed, may have been harmed and/or a possible criminal offence has been committed, the LADO will refer the matter to the Police Child Abuse Investigation Team (CAIT) and when appropriate, social care under s47 of the Children Act 1989.

It is not the role of the Designated Officer (LADO) to investigate the allegation but oversee the management of the allegation and how it will be investigated. The LADO process will make a final determination on the allegation based on the evidence presented through the ASV and review process.

Initial Allegation Against Staff or Volunteer Meeting (ASV)

The LADO will aim to convene an initial ASV meeting within 5 working days of the referral being received. This meeting is not attended by the person who the allegation is against. Attendees are made up of a professional network, including the ‘employer’ who are best placed to consider the allegation, perceived risk and agree how the allegation will be investigated. At times this meeting can be managed via alternative arrangements such as Microsoft Teams, confidential email, telephone and conference call.

Professionals who may be invited to the ASV meeting:

  • the Designated Officer (LADO) who will act as chair
  • the ‘employer’ or relevant Designated Safeguarding Lead for the organisation
  • the Police CAIT or relevant team representative
  • the social care Multi-Agency Safeguarding Hub (MASH) Manager or relevant Team Manager or Social Worker
  • any other professional or agency deemed to have a role to support the LADO process and / or investigation or management of the perceived risk

The ASV meeting will:

  • outline the allegation and how it is deemed to meet the criteria
  • review what action has been taken since the point of referral
  • consider any additional information relevant to the allegation, such as witness statements, employment history
  • consider which arrangements are needed to protect the child/ren involved and whether emergency action is needed
  • determine which agency will take the lead on the investigation, having consideration for any potential Police Investigation
  • agree the parameters of the investigation and identify any gaps in information
  • consider which other children the person has contact with including their own family
  • consider what support should be provided to children who may be affected
  • how information will be shared with parents and how they will be kept updated on the investigation (where appropriate)
  • consider what support should be offered to the member of staff and how they will be kept up to date with an investigation
  • make recommendations related to suspension or alternatives to suspension to keep children safe
  • agree a point of contact for the staff member who can offer support
  • whether senior management/leadership should be made aware (e.g. possible media interest, resources implications)
  • agree actions, dates for future meetings/review/updates

Review Allegation Against Staff and Volunteers Meeting

Where a further meeting is required, for example to review the progress of investigations, this should occur as soon as possible in order to ensure that allegations are managed in a timely manner. Where a further meeting is not convened, a review date by other means will be set by the LADO. 

A final ASV meeting/discussion should be held to ensure that all tasks have been completed, including any referrals to the DBS and regularity bodies where appropriate, and agree any actions for future practice on lessons learnt. It may be necessary to hold more than one review meeting in cases which are complex or where there is an ongoing Police investigation.

At the point of the final ASV review / discussion an outcome related to the allegation will be agreed against one of the following definitions based on the evidence presented from investigations:

  • substantiated - there is sufficient evidence to prove the allegation
  • unsubstantiated - there is insufficient evidence to either prove or disprove the allegation. The term, therefore, does not imply innocence or guilt
  • unfounded - there is no evidence or proper basis which supports the allegation being made
  • 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

Allegations which have been determined Unsubstantiated, Unfounded, Malicious and False should not be included in future employer references. A history of repeated concerns or allegations which have all been found to be false, unsubstantiated, malicious or unfounded should also not be included in any reference.

Allegations which are deemed malicious should be removed from the person’s personnel file, unless the staff member or volunteer requests that the information is held on file for future reference.

When an allegation is substantiated, the ASV meeting/discussion will consider the following:

  • referral to the Disclosure and Barring Service (DBS) and who will complete the referral (in most circumstances it is the current employer); (see 9 below)
  • notification to any regulatory body, such as Social Work England, DfE
  • disciplinary action
  • training tequirements and wider lessons learnt

In all circumstances, the employer and the LADO should consider the circumstances of the case to determine whether there are any improvements to be made to the organisation’s procedures or practice and should be recorded in the ASV meeting records.

Resignations and compromise agreements

The fact that a person tenders his/her resignation, or ceases to provide their service, must not prevent the allegations being followed up in accordance with these procedures. It is important that every effort is made to reach a conclusion in all cases of allegations bearing on the safety or welfare of children, including any in which the person concerned refuses to cooperate with the process. The staff member / volunteer should be informed that investigations will continue to their natural conclusion as if the person had remained in post. 

By the same token, ‘compromise agreements’ – by which a person agrees to resign, the employer agrees not to pursue disciplinary action, and both parties agree a form of words to be used in any future reference – must not be used in these circumstances. In any event, such an agreement would not prevent a thorough Police investigation where appropriate, nor can it override an employer’s statutory duty to make a referral to the Disclosure and Barring Service where circumstances so require.

Agency staff/temporary contract staff

The fact that someone is not employed under a permanent contract, does not remove the employer’s responsibility to investigate allegations related to the harm or possible harm of a child. Employers should not immediately terminate a person’s employment when an allegation is received. Termination of employment without an investigation, does not safeguard children and neither does it fulfil the employer’s duty to the employee for a fair process in response to an allegation. All allegations related to agency / non-permanent staff should be referred to the LADO before any action is taken. 

Low-level concerns; concerns which do not meet the threshold of harm

Firstly, it is important that any concerns related to a person’s conduct towards children should be referred to the LADO for advice and consultation regardless of how small. In Barking and Dagenham, we discourage employers from holding on to concerns or trying to managing conduct matters internally without seeking the advice of the LADO. 

Low-level concerns and how employers should respond, has been included in the most recent Keeping Children Safe in Education’, however, the principle applies across the wider children’s workforce. 

Employers should have policies and procedures for managing ‘low-level’ concerns as part of their managing allegations policy. Employers will need to consider how to record and retain information on staff which does not meet the threshold of harm, must be kept confidential and comply with data protection legislation. 

Low-level concerns may include a wide range of factors. A person’s conduct which sits outside employer policy and patterns of behaviour which may be early indicators of grooming, are examples of conduct which should be referred to the LADO for advice. If in doubt, seek advice.

The LADO will decide whether the concern is recorded as information and advice or as a LADO consultation dependant on the presenting factors. 

Employers are encouraged to hold the view ‘it could happen here’ to all forms of abuse towards children.

When to consider a referral to children’s social care and progression to strategy meeting

In circumstances where it is evident a child has been harmed or continues to be at risk of harm as a result of the behaviour of a person who works with children, it may be appropriate that children’s social care follow their procedures in line with s47 of the Children Act 1989. 

The London Child Protection Procedures states: 

"Where a child is suspected to be suffering, or likely to suffer, significant harm, the local authority is required by s47 of the Children Act 1989 to make enquiries, to enable it to decide whether it should take any action to safeguard and promote the welfare of the child".

The procedures for s47 are not limited to circumstances of familial harm but extend to any situation where it is suspected that a child has suffered, or is likely to suffer significant harm. This includes children who are harmed by those who work or volunteer with children and may be considered in a position of trust. 

A child who does not already have a social worker

In circumstances where a child does not already have a social worker, it may be necessary, on the advice of LADO, to submit a multi-agency referral form (MARF), alongside the LADO referral form to ensure that MASH are able to determine whether there is a role for children’s social care and whether it is necessary to progress the matter to a strategy meeting to decide threshold of intervention. It is important that parents are made aware of the need to refer to children’s social care. Further advice can be sought from LADO and / or MASH. 

If it is decided to progress. the LADO will attend the strategy meeting to provide advice and oversight. It is important to highlight that a strategy meeting is different to an allegation against staff and volunteers meeting (ASV), and the LADO will decide whether to progress to an ASV as part of the strategy meeting process. 

A child who already has a social worker 

When a child who already has a social worker makes an allegation of abuse or harm or there is evidence of harm against a person who is in a position of trust, such as a foster carer, residential worker or teacher, the allocated social worker and team manager, in consultation with the LADO, should decide whether the matter requires progression to strategy meeting to determine whether threshold for s47 is met. 

As above, the LADO will attend the strategy meeting to provide advice and oversight on the allegation and decide whether to progress to an ASV meeting. 

‘Home’ and ‘Host’ local authorities

For purpose of clarification, the local authority children's social care in which the child lives, is called the 'home authority' and the local authority children's social care in which the incident happens is the child's 'host authority'. (LCPP). 

Where a child usually lives in another local authority (Home authority) but the incident happens in Barking and Dagenham (Host authority), it is the responsibility of the host authority to convene the strategy meeting, and the home authority should be notified to participate to agree a plan of action to protect the child. The home authority is expected to assume case responsibility for the s47 investigation if threshold is deemed met. 

This may apply in circumstances where a child attends a school or provider in Barking and Dagenham or is a looked after child placed within the borough by another local authority. 

Barking and Dagenham LADO will oversee allegations matters arising in the borough where the greatest organisational risk sits. 

Barking and Dagenham children who make an allegation of harm outside of the borough

In circumstances where a Barking and Dagenham child is harmed outside the borough, such as children who attend a school or provider outside of the borough or looked after children placed outside of Barking and Dagenham, the reverse of the guidance as set out above applies. 

It will be the responsibility of the ‘host’ authority to convene a strategy meeting and invite representation from Barking and Dagenham children’s social care (home authority), who assume responsibility of undertaking s47 enquires. 

A referral should be made to the LADO where the incident took place. For example, a Barking and Dagenham looked after child may make an allegation of harm who is placed outside of the borough. It is for the LADO in that area to hold oversight of the allegation as this is where the greatest organisational risk sits. 

However, Barking and Dagenham LADO should be notified of any allegation made by a B&D child placed out of borough in order for there to be advice issued about what is recorded on the child’s file and for a level of oversight. 

Managing allegations against a person not associated with a management structure or organisation

The LADO service may receive referrals from professionals or families where there are concerns about a person who provides a service working with children but where they do not work for a specific organisation. 

These might relate to individuals who are not contractually linked to a line management structure or HR arrangements. 

Examples of such persons may include, providers of private tuition in the home, people who have set up their own businesses to provide a service such as sports or music coaches or self-employed nannies that are not on the Voluntary Child Care Register. 

It is important that responses to these situations are as robust as they would be for other sectors of the children’s workforce, but they may pose additional challenges for the LADO service and multi-agency response. 

This may be because the concerns relate to a person who is self-employed or where the concerns relate to a manager or owner of an organization and there is not a person or professional association who can help in managing any concerns. 

Best practice guidance can be found on the national LADO network website.

Recording and information sharing/retention

All information is stored in a secure system with restricted access to only the Designated Officers, line management and the nominated Business Support Officer. 

Information and Advice

A concern referred to the LADO deemed information and advice is recorded on a secure spreadsheet with the following information: date, name of the staff member/volunteer (if known) or organisation, address, the person making the referral, an outline of the concern, the determination on the criteria application and any advice given. This is recorded to evidence that the matter was referred to and considered by the LADO.

LADO Consultation

A concern that is deemed a LADO consultation is recorded in the social care electronic recording system (Liquid Logic). The system allows for more detailed recording proportionate to the perceived level of risk / concern. The information is held in a restricted area of the system and can only be accessed by the Designated Officers (LADO) and nominated Business Support Officer. 

LADO Referral

An allegation that is deemed to meet the allegations threshold is recorded in the social care Liquid Logic system. All meeting minutes, case notes and allegation outcomes are recorded within the system. This information is held in a restricted area of the system which can only be accessed by the Designated Officers (LADO) and nominated Business Support Officer.

The Bichard Report (2004) sets out recommendations about sharing information to keep children safe from adults who may pose a risk of harm to them. For reliable information to be shared, it must be recorded. (see 9 below).

The London Child Protection Procedures state in relation to Allegations against Staff and Volunteers that it is important that a clear and comprehensive summary of the allegation, details of how the allegation was followed up and resolved, and a note of any action taken, and decisions reached, is kept. It will provide clarification in situations where future DBS checks reveal information from the police about an allegation that did not result in a criminal conviction and it will help to prevent unnecessary re-investigation if, as sometimes happens, an allegation re-surfaces after a period of time. The record should be retained at least until the accused has reached normal pension age or for a period of 10 years from the date of the allegation if that is longer. Following the Independent Enquiry into Child Sexual Abuse, the government issued letters regarding the retention of records in relation to sexual abuse enquiries. (See 9 below).

The London Child Protection Procedures also state the LADO should keep comprehensive records in order to ensure that each case is being dealt with expeditiously and that there are no undue delays.  The records will also assist the Safeguarding Partnership to monitor and evaluate the effectiveness of the procedures for managing allegations and provide statistical information to the Department for Education (DfE) as required.

In relation to GDPR, the LADO function relies upon it’s ‘legal obligation’ and ‘public task’ [as defined in the GDPR] as the primary basis for processing information to establish whether or not there is a need to safeguard the welfare of a child. In relation to requests for information to be not held, these will be considered upon request, however the safety and welfare of children will remain paramount. (Children Act 1989).

Principles of good practice in considering suspicions of abuse

  • children and young people should be listened to, and all allegations should be taken seriously and acted upon
  • it is not unusual for a child to withdraw their allegation and should not be considered an indicator that the risk is diminished
  • a criminal investigation which does not result in a prosecution or conviction does not necessarily mean there is no risk. Employers should consider allegations on a balance of probability and not against a criminal threshold
  • enquiries should establish details of any other work/activities or contact with children undertaken by the adult of concern and refer to the Local Authority Designated Officer (LADO)
  • all allegations and concerns should be reported to the LADO within 24 hours
  • investigation should take account of the impact on the child or young person within the workplace and how this will be managed
  • investigation should take account of the continuing vulnerability of the child or young person through the enquiry process
  • it should be considered whether any other meetings are required to safeguard the child or young person, for example a strategy meeting for consideration under s47 of the Children Act 1989
  • all staff should be aware that all children can be vulnerable when cared for outside their own home, particularly when they are living away from home. Those factors which increase vulnerability to abuse within their own family such as being very young, disabled or in an isolated, closed family also apply when cared for by others
  • all staff who work with children have a personal responsibility to report suspicions or allegations of abuse. This also applies when the suspicion is raised against a colleague
  • everyone involved with suspicions or allegations of abuse by staff should maintain an open and enquiring mind
  • if the suspicion or allegation is about physical contact, the context of the environment should be considered as staff in certain settings have to manage difficult behaviour. The Department for Education sets out when teachers and other school staff may use reasonable force to manage disruptive behaviour
  • residential care staff can work in environment where additional challenges are posed. Wherever possible, staff who operate in such settings should receive training about when physical intervention should be used, about safe care practices and about the use of appropriate restraint techniques
  • the risk of harm posed by the person under investigation will be carefully evaluated and managed – in respect of the child/ren involved, and any other child/ren in the individual’s home, work or community life
  • any enquiry/investigation may well have three related, but independent strands, all of which need to be thoroughly assessed and a definite conclusion reached

These strands are

  1. child protection enquiries relating to the safety and welfare of any children who are or may have been involved
  2. a police investigation into a possible offence
  3. disciplinary investigations, where it appears that allegations may amount to misconduct or gross misconduct on the part of staff. A similar, if simpler, process should be in place for concerns about volunteers, foster carers, students about to embark on work with children etc

Key roles and responsibilities of employers

Employing agencies and others who provide services to children have an active duty to have in place basic safeguards including:

  • rigorous recruitment and selection procedures which create a high threshold of entry to deter and detect abusers and include safe recruitment training for decision makers
  • guidelines for staff behaviour which promote safe care, safe working practice and increase protection to staff
  • clear procedures and support systems for dealing with expressions of concern by staff and carers about other staff and carers, often referred to a Whistleblowing Policy (see 9 below)
  • clear internal processes for responding to suspicion or allegations of abuse which support these inter-agency procedures
  • clear information on where staff and managers can seek advice

Local Authority Designated Officer

The Local Authority must appoint a Designated Officer (LADO) whose responsibilities are to:

  • provide advice and guidance to employers and voluntary organisations, liaising with the police and other agencies and monitoring the progress of cases to ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process
  • provide advice and guidance to employers and voluntary organisations
  • provide advice and guidance to Senior Managers
  • liaise with the Police and other agencies
  • monitor the progress of cases – to ensure that they are dealt with as quickly as possible within set timescales and consistent with a thorough and fair process; and
  • keep records of all advice given, actions taken, and decisions made
  • maintain information databases in relation of all allegations and produce qualitative and quantitative reports for the Barking and Dagenham Safeguarding Children Partnership
  • provide assistance to agencies in the discussion regarding suspension (the power to suspend is vested in the employer alone)
  • liaise with the Police and the Crown Prosecution Service
  • discuss with the Senior Manager the possibility of a referral to the Disclosure & Barring Service (DBS) or to the appropriate Regulatory Body
  • the LADO does not investigate an allegation but rather coordinates the response
  • the LADO does not make employment decisions related to suspension or termination of employment. This is the responsibility of the employer. The role of LADO is to help employers consider how risk is managed, and the safety of children prioritised

The LADO should be informed within one working day of all allegations that come to an employer’s attention or that are made directly to the Police. If an organisation removes an individual (paid worker or unpaid volunteer) from work such as looking after children (or would have, had the person not left first) because the person poses a risk of harm to children, the organisation must make a referral to the Disclosure and Barring Service. 

It is an offence to fail to make a referral without good reason. Consideration will be given to the making of a referral to the Disclosure and Barring Service in all circumstances where a person is considered to potentially pose a risk of harm to children and referrals to other professional regulating bodies will be considered where appropriate.

Designated Officer (LADO) contact details

The Designated Officer role in the London Borough of Barking and Dagenham sits within the Safeguarding and Quality Assurance Service within Children’s Social Care. 

Landline telephone 020 8227 3934 

Mobile telephone 07875 993 857 

LADO Business Support Officer landline telephone 020 8227 2513

LADO referral email LADO@lbbd.gov.uk

 Further Relevant Information

Threshold guidance

The following matrix is the model used by the national LADO network as threshold guidance across England. It is intended to encourage consistency but does not replace professional judgement and does not replace local processes. It is not based on statutory guidance but is deemed by the LADO network as an example of best practice when considering threshold. Some terminology has been adapted to reflect local practices.

Tier 1: Incident that does not need LADO action but may be a conduct issue or require more general advice. 

(Info and Advice).

Low-Level Concern

Tier 2: Incident or concern which might require logging with LADO but will be ‘No Further Action’ .

(Info and Advice / Consultation).

Low-Level Concern

Tier 3: Incident or concerns which indicate significant concerns re standards of care provided to an individual child or group of children. 

(Consultation / Referral).

Low-Level / Allegation threshold met

Tier 4: Incident which requires consideration of referral to other agency such as police or Ofsted. 

(LADO Referral).

Allegation threshold met

Tier 5: Incident which requires immediate suspension/ police referral/ arrest/ immediate action to protect child. 

(LADO Referral). 

Allegation threshold met

Concern or complaint does not relate to a specific named person but is of a safeguarding nature. 

 

Complaint made by parent or carer, or comment made by child that does not have any corroborating evidence, the employer is confident this does not meet the threshold for a referral but is intending to investigate further.

 

The employer may be concerned regarding the MOS’s behaviour or responses to a situation which raises concerns regarding professional standards.

 

In such cases the relevant employer should have a discussion with the LADO, and both can make a record of the discussion and agree it will be dealt with internally.

 

In case further information comes to light, this should be brought back to LADO for further discussion. 

 

The LADO will decide whether to record the matter against the individual named or the setting. 

Named member of staff or volunteer alleged to have behaved, acted or reacted in a way considered inappropriate but not harmful; parental or child complaint about such an incident, to outside agency eg. Ofsted, who have referred to LADO for further enquiries; allegation made but employer believes at this point they can deal with this internally and are checking with LADO for advice only.

 

This category also includes volunteers and professionals where there are issues in their personal life of a safeguarding nature but there is not sufficient evidence of significant harm, or the employer is confident there is no transferable risk. 

 

These are incidents where an escalation to a police referral would be considered a disproportionate response.

 

These cases are likely to meet the threshold for a confidential record to be kept by the LADO, with the knowledge of the person concerned and their employer.

 

Issues, identified as indicating concerns regarding standards of care or practice issues, where the concerns are considered serious, are of a safeguarding nature and warrant investigation by the employer, with oversight and the support of the LADO.

 

This affords the employer with the support of external scrutiny to demonstrate transparency and provides the employee with the expertise afforded by the LADO.

 

In some circumstances an Initial consultation meeting may be appropriate to consider if the concerns meet the threshold for Tier ¾. This is not an allegation meeting but may become an allegation meeting if threshold is deemed met at the conclusion of the meeting.

 

Issues in a person’s personal life which require them to inform their line manager (for example a section 47 investigation at home) but it is unclear whether there is a transferable risk to children in a professional capacity. 

Allegation or suspicion of harm or conduct which meets the threshold for referral to LADO under the definition set out by the London CP Procedures and could require a referral to the multi-agency partners.

 

Such cases may not always involve serious injury or harm to a child but present serious questions about a person’s suitability to work as part of the children’s workforce. 

 

Allegations which are substantiated should be referred to any regulatory agency, such as DfE, Social Work England and the Disclosure and Barring Service (DBS) by the employer. 

 

It is essential in these cases that there is a clear outcome, and this is communicated to the professional/volunteer. 

 

 

Allegation made with credible corroborating evidence, where a child has been injured or harmed.

 

Behaviour by the professional or volunteer which is deemed to be extremely concerning towards the children they are caring for and requires immediate action.

 

Allegation by a member of the professional/ volunteer’s family which is so serious it requires immediate consideration by employer.

 

Committed a criminal offence against or related to a child. This may involve the direct harm of a child, or an offence related to children such as possession of indecent images of children. 

 

Allegation that a ‘position of trust’ offence has been committed which is evidenced through disclosure or any other reliable means. 

 

The employer has had to call the Police related to the immediate safety of a child due to the actions of a staff member / volunteer. 

Action by LADO Action by LADO Action by LADO Action by LADO Action by LADO

The LADO will provide advice and guidance on concerns.

 

A brief record of advice will be recorded by the LADO on a tracking spreadsheet.

 

The employer’s details will be logged.

 

Any emails received or supporting documentation will be recorded within the LADO database (Confidential Word document). 

 

Employers should seek advice from their HR provider. 

The LADO will provide advice and guidance on concerns.

 

Record will be held on the LADO spreadsheet with the name of the member of staff identified.

 

The LADO will advise the employer to tell the MOS that the LADO has been consulted and the outcome.

 

The LADO will confirm the outcome of the discussion in email to the employer.

Any emails received or supporting documentation will be recorded within the confidential Word document. 

 

Where issues relate to a persons personal life, the LADO may deem it disproportionate to disclose such information to an employer. 

 

Employers should contact their HR provider for advice. 

Dependent upon the nature of the concerns, a verbal consultation or consultation via email with the employer, may be sufficient to plan a way forward.

 

In some cases where the information needs to be clarified and there may be other agencies involved, an initial consultation meeting may be required to consider the concerns.

 

The concerns and details will be recorded on LCS as an adult contact and within the allegation’s workspace against the member of staff’s name and the employer will be required to advise the MOS that the LADO is providing a level of consultation and oversight and will therefore keep a record of the investigation. 

 

An outcome will be recorded in the allegation’s workspace of LCS as a standards of care outcome.

 

Initial Consultation Meetings / discussions will be recorded in a template in LCS within the allegation workspace. 

 

In some circumstances where it is unclear whether a criminal offence has been committed, the LADO may decide to consult with Police colleagues. 

 

Dependent upon the allegation, the LADO will convene an initial Allegations against staff or volunteers (ASV) meeting.

 

The concerns and details will be recorded on LCS as an adult contact and within the allegations area against the member of staff’s name and the employer will be required to advise the MOS that the LADO is overseeing the investigation and will therefore keep a record of the investigation.

 

An outcome will be recorded in the allegations area of LCS. 

 

Initial allegations meetings and review meetings will be recorded in LCS within the allegation’s workspace.

 

In such circumstances an urgent discussion with the police or employer may be initiated to agree immediate action and clearly recorded on LCS. 

 

Where an allegation is substantiated, this will be recorded within the outcome section of the allegation workspace and a flag put on the persons LCS profile. 

 

A multi-agency initial allegations meeting will be convened. However, children’s social care should be consulted as to whether threshold of intervention is met, and a strategy meeting is required to agree joint working / investigation.

 

Examples Examples Example Example Example

Child objecting to a sanction imposed in school, describing an event to parent, who then comes in to complain about how their child says they have been treated; but does not have all the context.

 

Young person in children’s home involved in a confrontation and making accusations where there were several witnesses and there is an incident report that appears to refute the child’s account that they were harmed.

 

An allegation that is made second or third hand and facts are not clear, or the professional alleged to have done this was not there at the time; or there is confusion about the account.

 

A school girl telling a friend, who tells the teacher, that another teacher ‘makes her feel funny when he looks at her’ but no other concerns or complaints expressed.

 

A child with a history of challenging behaviour, alleging s/he feels bullied by a well-respected member of staff.

 

 

 

Child accusing teacher of pushing them, when it appears they were being guided away from a situation (covered by ‘Use of Reasonable Force’ DfE 2013).

 

Nursery worker seen by parent to be pulling a child away from a situation, parent considers this is done roughly but professional claims it was to remove child from a confrontation where they may have been harmed/ may have harmed another child.

 

There may be concerns for a professional or volunteer’s   own children but there have never been any concerns at work about him/her.

 

A professional or volunteer makes an inappropriate remark that appears on the surface to be naive rather than potentially grooming or acts in a way that could be deemed unprofessional.

 

Teacher under stress who is heard to shout inappropriately at the children causing distress but is an isolated incident. 

 

Childminder witnessed to ignore children crying and speak rudely to them, but further context not known.

 

A child may have received a minor injury but there is sufficient evidence that this was accidental.

A complaint that a foster carer provides significantly poor care or there are numerous concerns regarding that care which lead to concerns regarding the appropriateness of the placement.

 

Where a member of staff repeatedly treats a child in their care in a negative manner by making derogatory comments.

 

Early recourse to the use of restraint, where judgement might indicate alternative methods of diffusing a situation. 

Inappropriate handling of a child but no evidence that this resulted in harm. 

 

Questionable conduct of a safeguarding nature where an employer as previously issued informal advice. 

 

Behaviour which could be deemed as having characteristics of grooming, such as communicating with children outside a professional capacity, initiating physical contact outside of school policy, encouraging children to keep secrets. 

 

Arrest, caution or conviction which may not relate to children but may raise questions of suitability such as drug or violent offences. 

 

Making racist or derogatory remarks to a child or young person in the presence of witnesses.

 

A disclosure by a child or young person that uses the word ‘hit’, ‘hurt or slapped’; yet there is no injury seen and no corroborating evidence of child’s account.

 

Restraint that has caused an injury to the child being restrained.

 

An incident witnessed, where there is a physical exchange between staff and child or young person. It is unclear whether self-defence or retaliation was involved. The matter needs full investigation.

 

A very young child still requiring personal care/ nappy changing, indicates that a nursery worker touched him/her in the genital area.

 

A professional or volunteer has been sending inappropriate but not necessarily sexual, texts to young people he/she works with.

 

A foster carer where there have been several complaints about poor practice, standards of care or negligence to children in their care. 

 

Concerns related to staff / volunteer conduct / behaviour towards a child who has complex needs or disability. 

 

 

Child has clearly been injured or could have been injured as a direct result of the actions of a professional or volunteer.

 

Incident within the professional/ volunteers personal life that is of high risk and high level of concern.

 

Professional or volunteer arranging to meet young person outside the work environment and asking them not to tell anyone; or making inappropriate contact through social media with sexual overtones.

 

Is suspected or evidenced to be in some form of personal relationship with a child under the age of 18, with whom the staff member / volunteer holds a position of trust. 

 

The negligence of a staff member or volunteer has resulted in harm of a child or impairment to the child’s health and development. 

 

The staff member or volunteer has acted in a way which has caused significant emotional distress to a child which could have a lasting impact on their future health and development. 

 

There is evidence of or a child discloses sexual harm.