Managing Allegations: The Role of the Local Authority Designated Officer

Working Together to Safeguard Children 2015 Refers to local authorities having a designated officer or a team of designated officers involved in the management and oversight of allegations against people who work or volunteer with children.

Cambridgeshire Local Safeguarding Children Board Interagency Procedures  Chapter 2.5 Managing Allegations or Serious Concerns in Respect of Any Adult who Works or Volunteers with Children  These procedures apply in the case of all adults working/volunteering with children, within the statutory, independent and voluntary sectors

Duty of Care The duty which rests upon an individual or organisation to ensure that all reasonable steps are taken to ensure the safety of a child or young person involved in any activity or interaction for which that individual or organisation is responsible. Any person in charge of, or working with children and young people in any capacity is considered, both legally and morally, to owe them a duty of care.

The role of the LADO Key features: Local Authority Designated Officer has management and oversight of process from beginning to end: provides advice and guidance to employers and voluntary organisations, liaises with police and other agencies, monitors progress of cases to ensure they are dealt with as quickly as possible, consistent with a fair and thorough process.

An Allegation? When a person who works or volunteers with children 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; or  Behaved towards a child or children in a way that indicates they may pose a risk of harm to children Working Together to Safeguard Children 2015

Where do allegations come from?  Directly from a child or parent  From a colleague or member of staff  Information from the police or local authority social care  Information from a third party or the general public  Information disclosed anonymously or online  Concerns generated through an employment relationship.

Process  Initial consideration by the manager/employer – address directly through complaints/disciplinary procedures or need to contact LADO?  Discussion between Senior Manager & LADO – does the concern/allegation meet threshold for action from Working Together? Response needs to be proportionate  Referral to Police – criminal offence committed? Context, intent, seriousness, outcome  Agreement that threshold for complex strategy meeting is met  Complex strategy meeting to plan enquiry

Up to three strands in 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  Consideration by the employer of disciplinary action in respect of the individual

Complex Strategy Meeting  Shares all relevant information about the allegation and any previous allegations  Shares relevant details of the employee and the child and their family  Any other relevant concerns or employment issues regarding the employee  Reviews the need for involvement of children’s social care or the police  Considers whether the person’s suitability to continue working with children in his/her current position has been called into question

Complex Strategy Meeting (cont.)  Plans any enquiries needed, allocates tasks and sets timescales  Decides what information can be shared with whom and when  Considers what advice and support should be made available to the member of staff and child/family  Considers confidentiality, media interest

Possible Outcomes  Substantiated (supported by evidence or proof)  Unsubstantiated (insufficient evidence to prove or disprove the allegation)  Unfounded/False (evidence to disprove the allegation)  Malicious (evidence proving an attempt to deceive)

Local Picture April 2014 – March 2015  413 referrals (increase of 128 on previous year)  226 NFA, 103 Internal Investigation, 68 CSM, 16 awaiting outcome.  Of 103 Internal investigations, 28 were substantiated, 42 unsubstantiated, 10 Unfounded/False, 23 have outcome pending.  Of the CSM’s 6 prosecutions so far, 30 unsubstantiated, 3 unfounded, 0 malicious and 29 outstanding.  LADO provides a detailed report to the LSCB on a bi- annual basis.

Referral to the Disclosure and Barring Service (DBS)  If after investigation, the employer has ceased to use a person’s services for reasons of misconduct or because they consider that person to be unsuitable to work with children, there is a statutory duty on the employer to make a referral to the DBS.  If the person is in a registered profession this information will also be referred to their professional organisation – for example the NCTL for Teachers, HCPC for social workers, GMC for doctors etc. These organisations may place conditions or remove them from their Register even if they have not been barred from working with children by the DBS.

Cambridge LADO contact Out of Hours Emergency Duty Team