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.
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.