Managing Allegations Against People Who Work With Children

1. Managing Allegations Against People Who Work With Children Top ‘O’Town House 13th February 2012 Alison Gadd Children’s Services/Independent Safeguarding Trainer 01305 221122/07879 815777

2. Course Objectives • To understand the role and responsibilities of the Senior Manager & Local Authority Designated Officers • Understand the role and responsibilities of the Human Resources Employee Relations service. • Understand the process of managing allegations against staff, as detailed in Appendix 5 ‘Working Together to Safeguard Children‘ • Be clear about how this fits into the wider safeguarding agenda • Be clear about roles and responsibilities with regard to investigations • Be informed about the function of the Independent Safeguarding Authority

3. Why have these procedures? • The murders of Holly Wells and Jessica Chapman in 2002 by Ian Huntley highlighted flaws in educations vetting and police recording systems • Sir Michael Bichard’s inquiry into the murders led to changes in the legislation around safe recruitment and a safer workforce • Working Together to Safeguard Children 2010 (Previously 2006) Appendix 5

4. Working Together to Safeguard Children 2010 Children can be subjected to abuse by those who work with them in any setting. All allegations of abuse or maltreatment of children by a professional, staff member, foster carer or volunteer must therefore be taken seriously and treated in accordance with consistent procedures.

5. Working Together 2010 All organisations which provide services for children, or provide staff or volunteers to work with or care for children, should operate a procedure for handling such allegations which is consistent with the guidance in Appendix 5

6. Safer working organisations • Prevent unsuitable people with working with children and young people (under 18) • Promote safe practice and challenge poor and unsafe practice • Identify instances in which there are grounds for concern about a child’s welfare, and take appropriate action to keep them safe • Contribute to effective partnership working between all those involved with providing services for children

7. Each agency should have Managing allegations procedures These should be linked with other procedures such as; • Child Protection Procedures • Code of conduct • Whistle blowing • Disciplinary • Behaviour management • Use of physical force policy (If appropriate) • Intimate care (If appropriate)

8. Barring Review Management Of Allegations Safer recruitment Whistle blowing Induction Safer Practice/ Code of Conduct Training and supervision

9. What sort of “Allegations” apply ? • Wider than just a reasonable cause to believe a child is suffering, or likely to suffer, significant harm. • It also caters for allegations that might indicate that s/he is unsuitable to continue to work with children in their present position, or in any capacity. Working Together 2010 Appendix 5: Scope 1

10. Has that person….. • behaved in a way that has harmed ,or may have harmed a child; • possibly committed a criminal offence against or relating to a child; or • behaved in a way towards a child that indicates they are unsuitable to work with children Working Together 2010 Appendix 5: Scope 1

11. Consideration of an allegation • There may be three strands involved; • Police- Who will investigate any possible criminal offences • Children’s Social Care- Enquiries and assessments to establish if the child is in need of protection or in need of services; and • Employer- Consideration of disciplinary action for that individual Working Together 2010 Appendix 5: Scope 2

12. Historical allegations-the procedures also apply • Can be organised or multiple in nature • Responded to in the same way as contemporary concerns • If person is still working with children then current senior manager would become involved

13. The Term “Employer”…… • “Organisations that have a working relationship with the individual against whom the allegation is made” • This includes volunteers, the self employed, service providers, voluntary organisations, employment agencies or businesses, contractors, fostering services, regulatory bodies such as Ofsted(Child minders); or • Any others, perhaps without direct employment, where it needs to be decided whether or not to continue using their services. In those cases both the contractor/agency and the organisation need to be involved. Working Together 2010 Appendix 5: Scope 2 Note 273

14. Has that person….. • behaved in a way that has harmed ,or may have harmed a child; • possibly committed a criminal offence against or relating to a child; or • behaved in a way towards a child that indicates they are unsuitable to work with children; or • is there an allegation or concern arisen in a person’s personal life which indicates s/he might be unsuitable to work with children Working Together 2010 Appendix 5: Scope 1

15. “Harm” Dictionary • harm [hɑːm] n1. physical or mental injury or damage • 2. moral evil or wrongdoing • vb(tr) to injure physically, morally, or mentally Under the Children Act 1989 s31 (9): • Harm - means ill treatment or the impairment of health or development

16. Allegation Complaint • al·le·ga·tion (l-gshn) n.1. Something alleged; an assertion: allegations of disloyalty. • 2. The act of alleging. • 3. A statement asserting something without proof: “The newspaper's charges of official wrongdoing were mere allegations.” • 4. LawAn assertion made by a party that must be proved or supported with evidence • an unproved statement or assertion, especially one in an accusation • com·plaint (km-plnt) n.1. An expression of pain, dissatisfaction, or resentment. • 2. A cause or reason for complaining; a grievance. • 1. the act of complaining; an expression of grievance • 2. a cause for complaining; grievance

17. Dorset: March 31st 2010-2011 • 113 Allegations referred to LADO’s in this period • 52 from Social Care, 34 from Education , 5 from Police • 50 for Physical Abuse, 33 for Sexual Abuse • 51 were resolved within one month • 1 was proved to be malicious, and 46 were unsubstantiated • 9 were referred to the ISA

18. Unfounded or Unsubstantiated? • Unfounded This indicates 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. For an allegation to be classified as unfounded, it will be necessary to have evidence to disprove the allegation. • Unsubstantiated - unsupported by other evidence .

19. Managing Allegations Roles and responsibilities

20. Procedures • All Procedures originally based on Working Together 2006 Appendix 5 • Very few changes in Working Together 2010 • Your agency may have it’s own procedure: • Children’s Services procedures- govern the actions of Local Authority Designated Officers • Specific school procedures are also in place • Dorset County Council procedures also apply

21. Responsibilities of a Senior officer • Local Safeguarding Children’s Board member organisations should have a named senior officer who has overall responsibility for ensuring that the organisation operates procedures for dealing with allegations in accordance with the guidance in Appendix 5; • Resolving any inter-agency issues • Liaison with the LSCB on the subject

22. Responsibilities of Senior Manager • The Senior Manager has responsibility for ensuring procedures are followed at an operational level and is the person to whom all allegations or concerns about staff or volunteers should be reported. If they are the subject of the concern, there should be an alternative named Senior Manager. For example; • Head teacher (schools) • Service Manager (Social Care) • Care manager

23. The Role of The Local Authority Designated Officer (LADO) Sandra Conroy S.L.Conroy@dorsetcc.gov.uk

24. Local Authority Designated officer • From Working Together 2010 6.35 • County Level and unitary authorities should also have designated officers to be involved in the management and oversight of individual cases

25. Role of the LADO • Where appropriate referral made to Social care or the police • Ensure HR are informed • Attend the strategy meeting or liaise with the chair • Ensure appropriate advice is given to senior manager about suspension and referral to the regulatory body • Write and distribute detailed record of section of strategy meeting referring to the person who works with children

26. Role of LADO • When Social care are not involved provide a written report to the senior manager making recommendations about future actions that can be used to inform disciplinary proceedings • Monitor the progress of cases • Ensure that cases are dealt with as quickly as possible • Ensure the process is fair and thorough • Advice on information sharing • Ensure learning from cases is recorded for senior manager

27. Who are the LADOS in Dorset? • Sandra Conroy/Kevin Stenlake/Penny Lodwick – the allegation or concern arises about an adult who works or volunteers in any setting [except education] and where there is a named child[ren] or specific group of children [eg youth club]. • Angela Burr/Ginny Daniells - the allegation or concern arises about an adult who works or volunteers in an educational setting • Neil Vincent – where there is actual or potential risk to children generally (eg where adult who has some contact with children as part of his/her job has downloaded indecent images of children)

28. Senior manager :How would you react to an allegation? • Could be child, carer, another member of staff, find out from the newspaper!!!! • Listen • Do not interrupt • Reassure • Question in order to clarify rather than investigate • Clarify support and process to informant • Record information • Report to LADO within one working day.

29. The Process-if one of the criteria seems to be met • LADO to be informed by person/agency who receives the allegation or concern - Senior Manager/Social Care/Police Discussion between LADO and Senior Manager • demonstrably false or trivial? • Complaint or allegation • inappropriate behaviour • poor practice • reasonable Restraint • Significant harm • Criminal Act

30. The process (cont) • Does the LADO or Senior manager need to find out more information at this stage? 3 possible strands to consider; • Police investigation of possible offence • Social care enquiries or investigation • Consideration of disciplinary action/capability/suitability procedures

31. Process (cont) • Discussion about informing parents-may need to be immediate if child needs medical care • Employer informs accused person as soon as possible but needs to take into account if Police and Social Care involved must talk about the timing with them • Common sense and judgement

32. The Role of Social Care Nikki David (North Dorset Combined Team) N.E.David@dorsetcc.gov.uk

33. The Role of Social Care Referral or Contact? • In Dorset a “Management Decision” decides whether information shared should be treated as a 'Contact' or a 'Referral'. • This links with how RAISE ICS system works in practice.

34. “Contact” • A 'contact' will be recorded when any information is shared with the area team about an adult but there are no concernsin respect of a specific child • A contact will recorded when an assessment is not required by Social Care

35. “Referral” A referral is a request for a service, relevant to Social Care's responsibilities in respect of the Child or Adult involved. A ‘referral’ in respect of an adult should be recorded by Social Care when there is an allegation of harm being caused to a child or it is thought that an offence has been committed by that adult and an assessment of risk is required.

36. Referral A ‘referral’ in respect of a child should be recorded by Social Care when there is an allegation of harm being caused to a specific child, or there is potential that an offence has been committed against the child, and an assessment of need/risk is required

37. Actions following a referral to Social Care in respect of the Child • Initial Assessment… • …Where it is necessary to determine whether the child is In Need, the nature of any services required, and whether a further, more detailed Core Assessment should be undertaken (paragraph 3.9 of the Framework for the Assessment of Children in Need and their Families (2000))

38. Actions following a referral to Social Care • Initial Assessment Does the Initial Assessment indicate that an offence may have been committed against the child, and that the child may have suffered significant harm?

39. Actions following a referral to Social Care No (i.e. does not meet the threshold for a s47 investigation) Initial Evaluation Meeting to be convened

40. Actions following a referral to Social Care Yes (i.e. does meet the threshold for a s47 investigation) Strategy Meeting to be convened

41. Actions following a referral to Social Care Who will attend the Strategy/IE Meeting Social Care  Police  LADO HR The Employer Head Teacher Chair Of Governors GP Paediatrician Health Visitor Etc,etc

42. Actions that will be taken when there is concern for the welfare of a child/young person Decisions:- Does the information shared indicate that a joint/single agency investigation is required under s47 Children Act 1989?

43. What actions are required to:- • Protect the child/children • Ensure that the employer has the required information to make immediate decisions about the worker’s suitability to work with children

44. Possible tasks that might be agreed • Child/ young person interviewed • Witnesses interviewed • Employee/volunteer interviewed • Assessments completed

45. Possible task that might be agreed Consideration must also be given to any other children who might be at potential risk of harm including the employee/volunteer’s own children

46. The process Although often difficult for all involved it is important that a robust investigation takes place to ensure the outcome of the enquiries can be relied upon to be as accurate as possible and fair to all concerned. This can take time and increases the pressures on all involved.

47. Timing of the Investigations Initial Assessment – up to 7 working days (24 hours if indication that a Strategy Discussion is required) Strategy Discussion– 24 hours Child seen – 24 hours (unless good reason for delaying) Outcome of S47 enquiries – within 15 working days wherever possible Core Assessment – 35 working days

48. Timing of the Investigations Post Allegation Investigation Meeting – as soon as possible following the investigation being concluded

49. Post Allegation Investigation Meeting Report prepared for LADO/Employer by Social Worker Possible attendance at disciplinary hearing by investigating Social Worker

50. Support issues for the child and parents – Post Investigation • The children involved to receive appropriate support • and should be helped to understand the process • and should be told the result of the enquiry or disciplinary process (think about data protection and the Human Rights Act)- Information Sharing guide for practitioners and managers.