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Chapter N: Allegations Against Staff, Carers and Volunteers

This was endorsed by the Peterborough Safeguarding Children Board (PSCB) on 19 March 2008. It will continue to be monitored and reviewed by the PSCB as required.

Section 21 was updated in September 2009 with the agreement of the Peterborough Safeguarding Children Board with the addition of the sentence shown in italics. This amendment was included in the November 2009 update of the manual.

See also Guidance for Safe Working Practices for the Protection of Children and Young People in Education Settings (2009) .

This procedure was revised in January 2012 having regard to the DfE statutory guidance ‘Dealing with Allegations of Abuse Against Teachers and Other Staff’, which was published in August 2011, and applies to teachers and staff (including volunteers) in a school or FE college that provides education for children under 18 - see the sub-section below headed ‘Government Guidance’.


Contents

  1. Introduction
  2. Definition of an Allegation
  3. Roles and Responsibilities
  4. Initial Response to an Allegation or Concern
  5. Initial Action by the Designated Senior Manager
  6. Initial Evaluation by the Designated Senior Manager and the LADO
  7. Allegations Management Meeting
  8. Complex Strategy Meetings
  9. Allegation Management/Complex Strategy Meeting Agenda
  10. General Considerations - Persons to be Notified
  11. Confidentiality
  12. Suspension
  13. Resignations and "Compromise Agreements"
  14. Allegations Against Staff in their Personal Lives
  15. Disciplinary Processes
  16. Sharing Information for Disciplinary Purposes
  17. Record Keeping
  18. Monitoring Progress
  19. Unsubstantiated and False Allegations
  20. Referral to Barring Lists and Bodies
  21. Learning Lessons
  22. Allegations Flowchart
  23. Checklist for Complex Strategy Meetings

    APPENDIX 1 Guidance on Managing Practice Issues, Complaints and Allegations against Approved Foster Carers

    APPENDIX 2 Investigation Allegations of Abuse Against an Adopter

    APPENDIX 3 Procedure for Sharing Information with Employers when Parents and Carers are Subject to Child Protection Procedures who also work with Children


1. Introduction

1.1 This procedure lays out the locally agreed arrangements for responding to allegations against staff, carers and volunteers who work with children as set out in Working Together 2010 (Appendix 5).
1.2 The aim of the procedure is to afford greater safeguarding to children with regard to those working with them and to allow for allegations and concerns to be dealt with expeditiously, fairly and thoroughly and avoiding delays.
1.3

The arrangements detailed within this procedure form part of PSCB member agencies’ spectrum of responsibilities for the children’s workforce in respect of

  • Safer recruitment;
  • Safe working practice;
  • Safer management of allegations and concerns.
1.4 These procedures should be followed by all organisations providing services and/or caring for children and apply to all staff whether they are in a paid or unpaid capacity.
1.5 Compliance will help to ensure that allegations of abuse are dealt with consistently using a thorough and fair process. PSCB will monitor and evaluate their implementation and effectiveness


2. Definition of an Allegation

2.1

These procedures apply when an allegation or concern has arisen that a person who works 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;
  • Behaved towards a child or children in a way that indicates he/she is unsuitable to work with children*

*In relation to teachers and staff (including volunteers) in a school or FE college that provides education for children under 18, the third bullet point should be amended to read ‘behaved towards a child or children in a way that indicates that he or she would pose a risk of harm if they work regularly or closely with children.’ (This amendment arises as a result of the DfE statutory guidance ‘Dealing with Allegations of Abuse Against Teachers and Other Staff', which was published in August 2011.)
2.2

It should be noted that although some behaviours may not constitute a criminal offence or not reach the threshold of Significant Harm, consideration will need to be given as to whether they may indicate unsuitability to work with children. Any behaviour should be considered within the context of the four categories of abuse, i.e. Physical Abuse, Sexual Abuse, Emotional Abuse and Neglect, and include concerns relating to inappropriate relationships between members of staff and children or young people e.g.

  • Having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual (see Sections 16 to 19 of the Sexual Offences Act 2003);
  • ‘Grooming’ i.e. meeting a child under 16 with intent to commit a relevant offence (see Section 15 of the Sexual Offences Act 2003);
  • Other grooming behaviour such as inappropriate text/email messages or images, gifts, social contact.


3. Roles and Responsibilities

3.1

Each PSCB member should identify a named senior officer with overall responsibility for

  • Ensuring that the organisation deals with allegations in accordance with these procedures;
  • Resolving any inter-agency issues;
  • Liaising with the PSCB on the subject.
3.2

Children’s Services has nominated a Local Authority Designated Officer (LADO) whose role is to:

  • Attend all complex strategy meetings;
  • Be involved in the management and oversight of individual cases and monitor their progress;
  • Provide advice and guidance to employers and voluntary organisations;
  • Liaise with the police and other agencies.
3.3

PSCB partner agencies and all other employers of adults who work with children should designate:

  • A senior manager to whom allegations or concerns should be reported;
  • A deputy to whom reports should be made in the absence of the designated senior manager or where that person is the subject of the allegation or concern.
3.4

The Detective Superintendent (or designated deputy) of the Child and Domestic Abuse Investigation Unit will:

  • Have strategic oversight of the local police arrangements for managing allegations against staff and volunteers;
  • Liaise with PSCB on the issue.
3.5

The Child and Domestic Abuse Investigation Unit should designate a Detective Sergeant (or designated deputy) to:

  • Liaise with the LADO;
  • Take part in complex Strategy Discussions;
  • Review the progress of cases in which there is a police investigation;
  • Share information as appropriate, on completion of an investigation or related prosecution.


4. Initial Response to an Allegation or Concern

4.1 An allegation against a member of staff may arise from a number of sources e.g. a report from a child, a concern raised by another adult in the organisation or a complaint by a parent or carer.
4.2

The person to whom an allegation or concern is first reported should treat the matter seriously and keep an open mind.

He/she should not:

  • Investigate or ask leading questions if seeking clarification;
  • Make assumptions or offer alternative explanations;
  • Promise confidentiality, but give assurance that the information will only be shared on a ‘need to know’ basis.

He/she should:

  • Make a written record of the information (where possible in the child/adult’s own words), including the time, date and place of incident(s), persons present and what was said;
  • Sign and date the written record;
  • Immediately report the matter to the designated senior manager, or deputy in his/her absence or where the senior manager is the subject of the allegation.


5. Initial Action by the Designated Senior Manager

5.1 If the allegation meets the criteria in paragraph 2.1 the designated senior manager should report it to the LADO within 1 working day.  Referral should not be delayed in order to gather information and a failure to report an allegation or concern in accordance with procedures is a potential disciplinary matter.
5.2

When informed of a concern or allegation, the designated senior manager should not investigate the matter or interview the member of staff, child concerned or potential witnesses.

He/she should:

  • Obtain written details of the concern/allegation, signed and dated by the person receiving (not the child/adult making the allegation);
  • Countersign and date the written details;
  • Record any information about times, dates and location of incident(s) and names of any potential witnesses;
  • Record discussions about the child and/or member of staff, any decisions made, and the reasons for those decision.
5.3 If an allegation requires immediate attention, but is received outside normal office hours, the designated senior manager should consult the Children’s Services emergency duty team or local police and inform the LADO as soon as possible.
5.4 If a police officer receives an allegation, he/she should, without delay, report it to the designated detective sergeant on the Child and Domestic Abuse Investigation Unit.  The detective sergeant should then immediately inform the LADO.
5.5 Similarly an allegation made to Children’s Services should be immediately reported to the LADO.


6. Initial Evaluation by the Designated Senior Manager and the LADO

6.1

There are up to 3 strands in the consideration of an allegation

  • A police investigation of a possible criminal offence;
  • Children’s Services enquiries and/or assessment about whether a child is in need of protection or services;
  • Consideration by an employer of disciplinary action.
6.2 The LADO and designated senior manager should consider first whether further details are needed and whether there is evidence or information that establishes that the allegation is false or unfounded.  Care should be taken to ensure that the child is not confused as to dates, times, locations or identity of the member of staff.


7. Allegations Management Meeting

7.1 The police must be consulted about any case in which a criminal offence may have been committed.  If the threshold for Significant Harm is not reached, but a police investigation might be needed, the LADO should immediately inform the police and convene an Allegations Management Meeting to include the police, employer and other agencies involved with the child.
7.2

Probable participants of a Allegation Management Meeting are

  • LADO (Chair);
  • Police representative;
  • Manager of the subject of the allegation;
  • HR adviser.


8. Complex Strategy Meetings

8.1 If the allegation is not demonstrably false and there is cause to suspect that a child is suffering or is likely to suffer Significant Harm, the LADO should refer to Children’s Services and ask them to convene an immediate complex strategy meeting. These meetings will be chaired by Children’s Social Care Team Managers.
8.2

Probable participants of a complex strategy meeting are

  • LADO;
  • Police representative;
  • Manager of the subject of the allegation;
  • HR adviser;
  • Children’s Social Care representative.

Additional possible representatives include a representative from Ofsted or other regulatory body.  Participants will vary from case to case and those to be invited to attend will be agreed as part of the initial evaluation.
8.3

At the conclusion of the Section 47 Enquiry, it may be decided that there will be no further police action or the police and/or Crown Prosecution Service decide not to charge the individual.  The outcome of the enquiries should be passed to the employer as it may be relevant to any disciplinary action.  At this stage the case may be reviewed through Allegation Management Meetings or discussions.
8.4 The person who is subject of the allegation must be informed of the final outcome of the conclusion of the investigation in writing within 7 days of the final strategy meeting.


9. Allegation Management/Complex Strategy Meeting Agenda

9.1 The following agenda is suggested
1. Introductions
2. Purpose of meeting
3. Confidentiality
4. Information about the allegation
5. Any requirement for immediate action
6. Background information about the young person including whether he/she has made previous allegations
7. Background information about the adult including whether or not there have been previous allegations or concerns
8. Safeguarding children during the enquiries
9. Any other children at risk
10. Nature of further enquiries
11. Support for the child now and at conclusion of case
12. Support for the adult now and at conclusion of case
13. Information sharing with:
  • The adult;
  • The child and his/her family;
  • The wider community.
14. Recommendations for further action
  • Criminal investigation;
  • Section 47 Enquiry;
  • Internal Disciplinary proceedings;
  • Professional advice* Mentoring;
  • Phased return;
  • Referrals to Professional bodies;
  • Further Review meetings;
  • Actions against person making the allegation if found to be malicious.
15. Timescales
16. Lessons to be learned


10. General Considerations - Persons to be Notified

10.1 As soon as possible after an allegation is made or a concern of suitability is raised, the employer should inform the parent(s) or carer(s) of the child/ren involved.  The LADO should be consulted first to ensure that this does not impede the disciplinary or investigative processes.  In some circumstances, however, the parent(s)/carer(s) may need to be told straight away e.g. if a child is injured and requires medical treatment.
10.2 The parent(s)/carer(s) and the child, if sufficiently mature, should be helped to understand the processes involved and kept informed about the progress of the case and of the outcome where there is no criminal prosecution.  This will include the outcome of any disciplinary process, but not the deliberations of, or the information used in, a hearing. Information leaflets for children and families are available
10.3 Advice should first be sought from the LADO as police and/or Children’s Services may want to impose restrictions on the information that can be provided. However, the principle is that the employer should, as soon as possible, inform the accused person about the nature of the allegation, how enquiries will be conducted and the possible outcome e.g. disciplinary action, and dismissal or referral to the barring lists or regulatory body.
10.4

It is important that the member of staff should

  • Be treated fairly and honestly and helped to understand the concerns expressed and processes involved;
  • Be kept informed of the progress and outcome of any investigation and the implications for any disciplinary or related process;
  • If suspended, be kept up to date about events in the workplace;
  • The person who is subject of the allegations must be informed of the final outcome of the conclusion of the investigation in writing within 7 days of the final strategy meeting.
10.5 In all cases the relevant regulatory body for the setting should be informed of the allegation and the outcome.


11. Confidentiality

11.1 Every effort should be made to maintain confidentiality and guard against publicity while an allegation is being investigated or considered.  Apart from keeping the child, parents and accused person up to date with progress of the case, information should be restricted to those who have a need to know in order to protect children, facilitate enquiries, manage related disciplinary or suitability processes. Any interest from the press should be conducted by the relevant press office following discussion with all other agencies to ensure that there is an agreed media statement.
11.2 The Police should not provide identifying information to the press or media, unless and until a person is charged, except in exceptional circumstances e.g. an appeal to trace a suspect.  In such cases, the reasons should be documented and partner agencies consulted beforehand.


12. Suspension

12.1 The need for suspension should be given consideration at the complex strategy meeting.  Only the employer has the power to suspend an accused employee and they cannot be required to do so by a local authority or police.  Suspension is a neutral act and it should not be automatic. The possible risks to children should be evaluated and alternatives to suspension considered wherever possible
12.2 Where a person is suspended, consideration will be given to whether there is a duty to refer the matter to the Independent Safeguarding Authority. The decision will be recorded, together with reasons.


13. Resignations and "Compromise Agreements"

13.1 ‘The fact that a person tenders his or her resignation, or ceases to provide their services, must not prevent an allegation being followed up in accordance with these procedures’ (Safeguarding Children and Safer Recruitment in Education page 58 paragraph 5.8).  Every effort should be made to reach a conclusion in all cases even if the individual, having been given a full opportunity to answer the allegation and make representations, refuses to co-operate.
13.2 ‘By the same token so called ‘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 cases. In any event, such an agreement will not prevent a referral to the Independent Safeguarding Authority where there is a duty to do so and/or a thorough police investigation where that is appropriate, (Safeguarding Children and Safer Recruitment in Education page 58 paragraph 5.8).


14. Allegations Against Staff in their Personal Lives

14.1 The general principles outlined in these procedures still apply if the concern or allegation arises about a member of staff outside of his/her area of work.
14.2 The complex strategy meeting or allegation management meeting should decide whether the concern justifies approaching his/her employer for further information or inviting him or her to the meeting.


15. Disciplinary Processes

15.1

The LADO and the designated senior manager should discuss whether disciplinary action is appropriate in all cases where

  • It is clear at the outset or decided by a Strategy Discussion that a police investigation or Children’s Services enquiry is not necessary;
  • The employer or LADO is informed by the police or the Crown Prosecution Service that a criminal investigation and any subsequent trial is complete, or that an investigation is to be closed without charge, or a prosecution discontinued.
15.2

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

  • Information provided by the police and/or Children’s Services;
  • The result of any investigation or trial;
  • The different standard of proof in disciplinary and criminal proceedings.
15.3 In the case of supply, contract and volunteer workers, normal disciplinary procedures may not apply.  In these circumstances, the LADO and employer should act jointly with the providing agency, if any, in deciding whether to continue to use the person’s services, or provide future work with children, and if not, whether to make a report for consideration of barring or other action.
15.4 If, at any stage, new information emerges that requires a child protection referral, the investigation should be held in abeyance and only resumed if agreed with Children’s Services and police.


16. Sharing Information for Disciplinary Purposes

16.1 Police and Children’s Services should, during the course of their investigations and enquiries, obtain consent to provide the employer and/or regulatory body with statements and evidence for disciplinary purposes.


17. Record Keeping

17.1 The LADO will write a summary at the conclusion of the enquiry. Employers should keep the summary on the subject’s confidential personnel file and give a copy to the individual.  The record should include details of how the allegation was followed up and resolved, the decisions reached and the action taken.  It should be kept at least until the person reaches retirement age or for 10 years if longer.


18. Monitoring Progress

18.1 The LADO should monitor and record the progress of each case, either fortnightly or monthly depending on its complexity.  This could be by way of review strategy discussions or direct liaison with the police, Children’s Services, or employer, as appropriate.  Where the target timescales cannot be met, the LADO should record the reasons.
18.2 The LADO should ensure that each case is being dealt with without undue delays. Records will assist PSCB to monitor and evaluate the effectiveness of the procedures for managing allegations and provide statistics to the DCFS and to PSCB to inform future practice and training.
18.3 Data about allegations made against education staff show that it is reasonable to expect that 80 per cent of cases should be resolved within one month, 90 per cent within three months, and all but the most exceptional cases should be completed within 12 months. However, it is unlikely that cases which require a criminal prosecution or a complex police investigation can be completed in less than three months.


19. Unsubstantiated and False Allegations

19.1 False allegations are rare and may be a strong indicator of abuse elsewhere which requires further exploration.  If an allegation is demonstrably false, the employer, in consultation with the LADO, should consider referring the matter to Children Services to determine whether the child is in need of services, or protection.


20. Referral to Barring Lists and Bodies

20.1 If the allegation is substantiated and the subject is dismissed or the employer ceases to use the subject's services, or the person resigns or otherwise ceases to provide his/her services, the LADO should discuss with the employer whether a referral should be made to the Independent Safeguarding Authority for inclusion on the relevant barring lists.  If a referral is to be made, it should be submitted within 1 month.


21. Learning Lessons

21.1 The employer and the LADO should review the circumstances of the case to determine whether there are any improvements to be made to the organisation's procedures or practice.  This meeting should take place within one month following the conclusion of the investigation. This meeting needs to consider whether a lessons learned meeting should be convened. Any actions arising from the meeting will be monitored by the LADO until the actions are completed.


22. Allegations Flowchart

Click here to view Allegations Flowchart.


23. Checklist for Complex Strategy Meetings


Purpose of Meeting

  • To share available information;
  • To decide whether enquiries by the police or children’s social care should be initiated or continued;
  • To plan those enquiries;
  • To agree what action is needed to safeguard the child including medical treatment and by whom;
  • To determine the need for any interim services and support;
  • To determine what information can be shared with the family and/or the alleged perpetrator (unless such information sharing may place a child at risk or significant harm or jeopardise police investigations).

Information sharing

  • When attending a complex strategy meeting it is important that information is readily available to agency representatives. This checklist will assist you to provide what is needed.

Information about the allegation/concern

  • Any letters;
  • Accounts of discussion/written records/disclosure;
  • Chronology of events where appropriate;
  • Identification and details of any witnesses.

Information about the child/ren

  • Child’s details – dob/address;
  • Family details;
  • School file/pupil record (attainment/SEN);
  • Background information/history (including if there have been any previous allegations).

Information about the adult

  • HR file including any previous disciplinary or capability information;
  • Career profile;
  • Any previous concerns/incidents;
  • Family situation – partner/children;
  • Involvement with other agencies.

It is important to attend with an open mind and to be non judgemental with regard to the incident or people involved.  In order to safeguard children, information should be shared in an open honest and professional manner.


APPENDIX 1 Guidance on Managing Practice Issues, Complaints and Allegations against Approved Foster Carers

1.

Introduction
1.1 This guidance deals specifically with practice issues, complaints and allegations about foster carers. There are other procedures for complaints by foster carers.
1.2 These procedures based on the new Allegations Management procedures should be read in conjunction with the procedures above.  This, in turn, reflects the Framework for Dealing with Allegations made against a Person who works with Children as detailed in Chapter 6 and Appendix 5 of Working Together 2010.
1.3 For the purposes of clarity this guidance employs operational definitions of the terms Practice Issues, Complaints and Allegations as outlined below.

2.

Practice Issues
2.1

The term “Practice Issues” refers to

  • Any concern regarding a carers practice or behaviour but which does not relate to a specific child e.g. dirty house, family pets, etc.;
  • General concerns about working relationships between professionals and carers, e.g. non compliance with contact arrangements.

3.

Complaints
3.1 The term “complaint” refers to an oral or written expression of an unfavourable opinion, grievance or dissatisfaction. A complaint would generally be raised in respect of persistent concerns regarding “Practice Issues” where attempts have been made to address such matters and no significant improvement has been noted.

4.

Allegations
4.1

The term allegation in this context means a claim or assertion that ill treatment or abuse of a child or young person has occurred or is likely to occur.  The child protection system for investigating allegations will take precedence over complaints/practice issues and will be directed via a complex strategy meeting (see paragraph 8.1- 8.3).

NB. The difference between a complaint and an allegation is initially a matter of judgement for the team managers, for both social work team and fostering services in consultation with the Service Manager Children in Care Services and the Local Authority Designated Officer (LADO).

In making this decision, the fostering service will be mindful of

  • The degree of seriousness;
  • Any previous similar incidents;
  • The context in which the incident took place.

The decision as to whether or not a referral or incident should be responded to as a complaint or an allegation must be recorded on an Initial Evaluation Form by the LADO.

5.

Complaints/Practice Issues (Children/Young People)
5.1 Where children make a comment about a care issue which does not constitute an allegation they should be given the opportunity for it to be dealt with through discussion with the carer facilitated by the child’s social worker, complaints service, or any other appropriate professional identified by the child/young person.
5.2 Concerns regarding practice issues made by children about foster carers whether resolved informally or via the complaints procedure should always be recorded on both the child and carers’ file.

6.

Complaints/Practice Issues (Professionals)
6.1 Concerns expressed by professionals that do not constitute an allegation regarding the practice of a foster carer must be made in writing and directed to the team manager, fostering services.

7.

Roles and Responsibilities
7.1 Complaints and Practice Issues that do not constitute an allegation should be dealt with by the respective fostering social worker/team social worker under the direction of the team manager, fostering services.
7.2 Person responsible: Team Manager, Fostering Services
7.3 Where a foster carer is the subject of a concern/complaint regarding their practice they must be informed within 7 working days that a concern has been raised and the process by which this will be pursued.
7.4 Person Responsible: Fostering Social Worker

8.

Outcomes
8.1

Complaints/Practice Issues outcomes should clearly identify any remedial action e.g. health and safety issue, training issue, etc. and must be recorded on a Management Decision Making Record with

  • Clear timescales within which such action must be achieved;
  • Clear direction as to who is responsible for undertaking any work identified.
8.2 The outcome of all Complaints/Practice Issue enquiries made against carers will be included in the carers’ annual review and may, at the discretion of the service manager be forwarded to the fostering panel for their information/comment. Fostering panel comments in respect of such issues will be considered by the Agency Decision Maker.

9.

Roles and Responsibilities
9.1

Notification

The outcome of Complaints/Practice issue should be notified to the complainant in writing.

Complainant satisfied:  N.F.A.

Complainant not satisfied: Complaints procedure.
9.2

Monitoring

The team manager, fostering services, will provide information regarding all Complaints/Practice Issues regarding approved foster carers to the safeguarding unit, complaints manager on a quarterly basis.
9.3 The safeguarding unit will review such information with the fostering service.  This will be available to the fostering service on an annual basis within an agreed report format.

10.

Allegations
10.1

Child protection concerns may be raised by a looked after child/young person in foster care about

  • The foster carer;
  • A relative/friend of the foster carer;
  • Another child/young person in placement.
10.2

The procedure may also be initiated by

  • The child/young person’s allocated locality social worker;
  • The fostering social worker;
  • Another professional;
  • Young people/adults cared for as children by the foster carer;
  • Parents/other relatives of the child in placement;
  • Other persons in whom the child/young person confides;
  • The designated complaints officer where a complaint has been received which might raise child protection concerns.
10.3 The Local Authority Designated Officer will contact the independent investigation officer.
10.4 The Investigating Officer will be appointed in consultation with the Service Manager Children in Care Services.  In complex cases the investigation may be undertaken on behalf of children’s social care by the NSPCC.  In less complex enquires the investigation may be undertaken by a Child Protection Co-ordinator or senior practitioner.
10.5

The investigating officer will

  • Attend all future complex strategy meetings;
  • Not be the allocated worker to any of the children in placement;
  • Have the necessary level of skills to undertake complex investigations.
10.6 If the matter is determined to be an issue of child protection the social worker’s team manager in liaison with the team manager, fostering services, will convene a complex strategy meeting.
10.7

Where a complex strategy meeting is to be arranged, notice of such meetings will be given to

  • Service manager, children in care services;
  • Service manager, assessment and care planning;
  • LADO;
  • Contracts/commissioning manager (where independent provider is involved).

11.

Complex Strategy Meetings
11.1 Initial complex strategy meetings must be convened within one working week of the allegation being made.
11.2

Attendance

  • Social worker/team manager, area team services for the child/young person making the allegation;
  • Investigating office;
  • Cambridgeshire police authority;
  • Social workers and/or team managers for any other children in placement;
  • Service manager/team manager, fostering services;
  • Fostering social worker;
  • Any professional significantly involved.
11.3

The following people will not be invited and they will not receive the minutes from the complex strategy meeting

  • Carers;
  • Child /young person making the allegation;
  • Child’s birth family.

However, all of the above must be informed about the allegation and how this is being dealt with.
11.4 If the complex strategy meeting decides that any/all of the above should not be informed, this decision and the reasons for not informing them should be noted on a Management Decision Making Record and signed by the chair and countersigned by the Service Manager QAST.

12.

Roles and Responsibilities:

These should be addressed within the complex strategy meeting

Responsibilities Roles
Decision as to whether child protection concerns require further action under the relevant procedures LADO. and complex strategy meeting members
Timescale for investigation Complex strategy meeting team manager and/or service manager
Joint or single agency Investigation Complex strategy meeting
Ensuring that the children currently in placement are adequately protected Service manager, social worker/team manager

Consideration of the circumstances of the carer’s birth children or any other children with whom they have significant contact.

(NB: this may involve fostering network advice/referral).

 Complex strategy meeting service manager/team manager, locality
Ensuring that adequate arrangements are made to support carer Team manager, fostering services
Ensuring that foster carer is informed about child protection issues and any recommendations of the complex strategy meeting, within 7 working days of the meeting (even if the complex strategy meeting concludes NFA) Fostering social worker
Ensuring that there are adequate arrangements for informing those with parental responsibility Complex strategy meeting team manager, locality

Decision to place foster carer “on hold”

NB: All decisions to place a carer “on hold “must be recorded on a Managers Decision Making Record and confirmed in writing to the carer.

 Fostering team manager
Ofsted will be notified where appropriate in accordance with Schedule 8 Fostering Services Regulations 2002. Service Manager, Children in Care Services
Ensuring that the outcome of all child protection enquiries/investigations involving foster carers are reported to the fostering panel and DCFS Fostering team manager, LADO
Consider whether a separate meeting needs to be convened where the alleged perpetrator is a child/young person Complex strategy meeting assistant manager, safeguarding
Setting dates for future complex strategy meeting, where appropriate Complex strategy meeting
Ensuring that all complex strategy meetings are minuted and circulated Complex strategy meeting  chairperson

13.

Further/Final Complex Strategy Meeting
13.1 Where an initial complex strategy meeting has been convened and the decision taken to initiate child protection investigation/enquiries (Section 47 Enquiry), a second/final complex strategy meeting will be held to consider any outcomes/recommendations and to determine the most appropriate way forward.

14.

Outcomes
14.1

Possible outcomes may include

  • Evidence that the alleged abuse has occurred;
  • Evidence that the alleged abuse has not occurred;
  • Investigations inconclusive but child care concerns remain and need to be addressed.
14.2 Whilst it may not be possible to reach definitive conclusions in every case, specific consideration should be given to each child protection concern in turn and a conclusion reached in respect of each one.
14.3

The decision to remove a child from placement can only be made by the management team responsible for the case i.e. service manager, team manager and the child’s social worker. It is expected that serious regard would be given to any recommendations of the complex strategy meeting.  Serious consideration should also be given to the child’s views and preferred outcome which may include allowing the placement to continue but prevent the placement of other children.  Another option to consider would be the temporary removal of the alleged perpetrator until the outcome of the investigation is known.

At the end of the enquiry the LADO will write a summary of the enquiry. The summary should include details of how the allegation was followed up and resolved, the decisions reached and the action taken. A copy of the summary will be passed to the foster carer by the fostering team manager. A copy will be retained on the foster carers file and by the LADO.   It should be kept at least until the person reaches retirement age or for 10 years if longer.

15.

Recommendations
15.1

Dependent on the outcome of the investigation, the second/final complex strategy meeting will make recommendations which may include

  • Limited action and allegation noted on file;
  • Identification of training needs;
  • Warning against future conduct (in writing);
  • Removal of a child (planned);
  • Termination of approval (to be considered by fostering panel/agency decision maker);
  • Child protection case conference;
  • Care proceedings;
  • The Police may decide to bring criminal charges or issue a caution;
  • Provide notification to the foster carer of the conclusion of the final strategy meeting;
  • Meeting to be set up with the appropriate fostering manager within one month to discuss the allegations and lessons learnt.

16.

Presenting the outcome of allegations to Fostering Panel
16.1

Responsibility for the presentation to Panel of all reports following an investigation into allegations concerning a foster carer resides with the fostering social worker.

The report to Panel should include:

  • An overview of the carer’s original approval and any subsequent changes with dates and reasons;
  • A brief history of any previous placements and their outcome together with any perceived successes or problems.  This may include copies of end of placement feedback forms completed by placing social workers;
  • Outline of current allegations investigated;
  • Background to the placement(s) under investigation, including the carer’s perspective;
  • The process of the inquiry.

Such a report should present an overview of the situation drawn from individual reports prepared by the child/young person’s social worker; this should include a clear account of the child’s views as to what they would like to happen.

The report to Panel should address:

  • Background (in brief) regarding the reasons the child/young person is looked after.  Include whether there is a relevant history of the child making complaints or child protection concerns regarding other people;
  • Brief overview of the placement and its appropriateness;
  • The process of the inquiry;
  • A detailed account of the allegation made against the carer as it is perceived by the child and any other relevant person (excluding the carer their relatives and/or friends) as well as the social worker’s own views on the matter. This aspect of the report may be omitted where the issues have been included in the investigating social worker’s report;
  • Details of any mitigating circumstances;
  • The social worker’s own opinion based on what they know or have learnt about the matter leading to the investigation and as to whether they believe the carers to have acted inappropriately;
  • Where social workers are unable to offer an opinion this must be stated and the reasons given;
  • The investigating officer where there has been a child protection investigation;
  • Written report from the foster carer in response to the above.

NB: Carers may also choose to attend panel in addition to or in place of a written submission. Carers attending panel may choose to be accompanied by a supporter.
16.2 At this stage, the primary purpose of the fostering panel is to seek clarification from the carers regarding their report/account of events.  The panel is not a forum for debate or any cross-examination of carers or staff who have submitted reports.  Nor is it a forum for the questioning of panel members by carers or their supporters.
16.3 Having heard all the reports and representations the panel will move on to consider their recommendations.  Panel will discuss these in private after all parties to the matter have left the meeting.  The panel’s recommendations will be forwarded to the agency decision maker who will determine the corporate response.
16.4 Foster carers will be informed of the agency’s decision within 7 working days.  There is no right of appeal against this decision. However, if carers believe that the proper process has not been adhered to they may make a further representation to the Agency Decision Maker within 28 days of receipt of any decision.
16.5 The only ground on which further representation may be made is Failure to comply with due process. For example, this may include the foster carer believing that not all relevant facts were made available to the Panel.  Representation to the agency decision maker is an opportunity to present new information which may be referred to Panel for further deliberation. However, it is not an opportunity to review information which had been available to Panel and which panel took into consideration in making its recommendation.
16.6

Anyone having concerns about a specific foster carer or the fostering service may contact the regulatory body responsible for the standards of practice in the fostering service. The regulatory body will ensure that the matter receives an appropriate response. Contact details are as follows: -

Compliance Investigation & Enforcement (CIE) Team, Midlands Region, Building C, Cumberland Place, Park Row, Nottingham, NG1 6HJ

Email: enquires@ofsted.gov.uk


APPENDIX 2 Investigation Allegations of Abuse Against an Adopter

1.

Introduction
1.1 This information is supplementary guidance and must be read in addition to Peterborough Safeguarding Children Board procedures (set out in this chapter).  The process of referral, assessment and immediate protection of the child must be followed as outlined in these procedures.  Peterborough City Council’s Adoption Procedures should also be consulted and followed, particularly by the social worker from the adoption service responsible for the assessment, supervision and support of the adopter(s).
1.2

The legal status of adopters and children placed with adopters varies according to the following factors which affect the extent to which the adoption service must be involved in the child protection investigation:-

  1. Whether an adoption order has been made;
  2. Whether the adopters are in receipt of adoption support services following the making of an adoption order (this could be financial or practical);
  3. For children where no adoption order has been made, whether the child was placed by Peterborough City Council or another local authority and therefore remains the responsibility of that authority.

2.

Referrals
2.1 Where children are already adopted the usual Section 47 Enquiry Procedures apply. At the end of the enquiry a discussion should be held with the LADO to establish if any other LSCB procedures should be considered, i.e. case management review, Serious Case Review.
2.2

For children placed but not yet adopted, general principles apply to all allegations against prospective adopters, whether contemporary in nature, historical or both, and regardless of whether they are Peterborough City Council or other local authority adopters, as follows:-

  • Referrals should be made promptly to the area where the alleged abuse took place;
  • Where the child has an allocated social worker they must inform his or her team manager and service manager;
  • Inform the prospective adopter’s link worker;
  • After consultation with the adopters’ link worker and adoption team manager, the child's social worker contacts the Local Authority Designated Officer (LADO) and decide whether the matter should be treated as a child protection matter and referred for a Complex strategy meeting or a concern about standards of care, in which case the convening of an urgent review of the placement should be considered.

NB. If there are serious and/or multiple referrals about standards of care, it may still be appropriate to refer the matter for a complex strategy meeting for a full investigation.

3.

Initial Assessment and Immediate Protection
3.1

The adoption team manager will ensure the following:

  • Inform the social workers for any other child in the placement;
  • Inform any other local authority with an interest in the adoptive placement;
  • Provide support to the prospective adopter in consultation with the agency that approved them.
3.2 Where after consultation between the managers of the child’s social worker, adopter’s link worker and LADO, it is considered appropriate to treat the allegation/suspicion as a child protection concern, the child’s social worker, (in consultation with the social work team for the area where the prospective adopter lives when the prospective adopter lives outside the borough), will be responsible for implementing the Child Protection Procedures in relation to the allegation/suspicion.
3.3 The child’s social worker will complete an Initial Assessment and undertake any action required to protect the child or children involved in accordance with the Peterborough Safeguarding Children Board procedures (see Part 1 of this manual).  The child’s social worker will also immediately request the LADO to convene a complex strategy meeting will be convened within 5 working days of the referral.
3.4 Any action to protect the child in question or other children should not be delayed because of the strategy meeting.  Social workers should consult their managers where they have concerns.
3.5 If immediate removal of the child is indicated, leave of the Court will be required if the prospective adopter has already applied for an Adoption Order but not acquired it.
3.6 Prior to the strategy meeting, the adoption team manager, in consultation with the service manager, should consider whether the Department for Education and Ofsted should be informed of the allegation/suspicion and invite them to be represented at the complex strategy meeting.

4.

Section 47 Enquiries
4.1 Where a Section 47 Enquiry is initiated in relation to prospective adopters the adoption agency responsible for the approval of the adopters must notify Ofsted.
4.2

For children who are not yet adopted the complex strategy meeting follows the process outlined in the main procedures, but must also consider:

  1. Where a complex strategy meeting is held in another local authority area, Peterborough Children's Social Care Services adoption service must be represented.  The service manager, children in care services must receive copies of the minutes and Peterborough City Council LADO must be informed;
  2. The complex strategy meeting should consider if there are any conflicts of interest to take into account when deciding who will undertake the investigation.  If it is considered that there is a potential conflict of interest, the investigation should be conducted by an independent person. Oftsed representatives may attend at their discretion. In all cases the minutes will copied to Ofsted.
4.3 Where the prospective adopters or adopters are in receipt of financial support, they should be informed of any implications for the payment of such support, where the child has been removed.
4.4

They must provide to the prospective adopters:

  1. A copy the relevant part of the Peterborough Safeguarding Children Board Procedures;
  2. Advice about consulting a solicitor;
  3. Advice about insurance arrangements for legal expenses.
4.5 If an Initial Child Protection Conference is convened, the conference chair must be consulted in advance to discuss whether the prospective adopters should be invited to attend.  In any event, the prospective adopters’ views must be obtained and communicated to the conference.

5.

Specific issues in relation to children placed for adoption and not yet adopted
5.1 Children placed for adoption and not yet adopted are looked after children.  However, they are placed under adoption agency regulations and legal action to remove a child is dependant upon their legal status in relation to the Adoption and Children Act 2002.  Legal advice must always be sought specifically in relation to adoption status when considering removal of a child from adopters within a child protection investigation.

6.

Specific issues in relation to children adopted and in receipt of adoption support services
6.1 Children in receipt of adoption support services will be entered on RAISE client database as in receipt of adoption support services.  However, those receiving universal adoption support services will not. Whenever the database search indicated that a child is adopted and in receipt of adoption support services, the adoption support social worker must be involved.  The adoption support team will provide information on any assessments for and provision of support services, including current arrangements for letter box or direct contact.

7.

Specific issues in relation to children adopted and not in receipt of the adoption support services
7.1 Whenever it becomes apparent within a child protection investigation that a child subject to an allegation is adopted, consideration should be given as to whether it is appropriate to involve adoption support services and at what stage.  As a guide, adoption support services should be used to address any aspect of need which relates specifically to adoption and may also provide advice to professionals on aspects of adoption.  It cannot be used to lead on a formal protection plan.  The team manager responsible for the case should discuss the appropriateness of involving the adoption support team with the adoption team manager.

8.

Specific issues in relation to historical abuse
8.1 Where an adult alleges to Peterborough City Council they were subjected to abuse as a child from their adoptive parents, the allegation will be dealt with under Section 47 and Peterborough Children’s Safeguarding Board allegation management procedure.  The adoption support team will offer support to that individual during and after this process.

9.

Concluding the enquiries for allegations against prospective adopters
9.1 When the investigation is complete, a complex strategy meeting should be convened (within 10 working days of completion of the investigation) and chaired by the LADO responsible for the investigation.  This meeting should consider the outcome of the investigation and the plan for further action.  Minutes of the meeting should be signed, dated and placed on the child’s adoption and care case files, the adopter’s file and sent to the adoption team manager.  The adopter must be informed in writing by the adoption team manager of the outcome of the investigation.
9.2 The purpose of the reconvened complex strategy meeting is to agree the outcome of the investigation and responsibilities for any further action including reporting on the matter to the adoption panel.
9.3 The Chair will write to the prospective adopters, informing them of the outcome of the investigation.
9.4 The child, the parents, other relevant agencies will also be informed of the decisions made at the complex strategy meeting.  The Chair and the child’s social worker will agree the most appropriate way of informing the child and parents, and also who will notify the other agencies. It is the responsibility of the Service Manager, Children in Care Services to determine whether Ofsted needs to be informed, depending on the legal status of the adopter and the nature of the allegation.
9.5 At the end of the enquiry the LADO will write a summary of the enquiry. The summary should include details of how the allegation was followed up and resolved, the decisions reached and the action taken. A copy of the summary will be passed to  the adopters by the adoption team manager. A copy will be retained on the adopters file and by the LADO.   It should be kept at least until the person reaches retirement age or for 10 years if longer.
9.6 A report will be presented to the next available adoption panel for review of status of those adopters who are approved and who have not yet adopted the child(ren) in their care. Adoption panel will receive lesson learned reports following investigation where adopters have been found to have abused children whom they have adopted and where they were responsible for either approval of adopters, matching or both.
9.7 The social worker preparing the report should consult with the panel adviser and/or the adoption team manager who will advise on who should attend the panel meeting (usually the child’s social worker and the prospective adopter’s link worker) and whether or not an extra emergency adoption panel meeting should be convened
9.8 All relevant documents in relation to the investigation, whatever the outcome, must be retained on the child’s care file and the prospective adopter’s file, and their respective adoption case records.
9.9 There is no provision to allow adopters to be referred to the PoCA list.  However, adopters whose approval is terminated must be advised that their details will be kept on record for 35 years and that details will be provided to any agency who subsequently requests a reference as to their suitability to care for children.
9.10 Consideration should be given to holding a debriefing meeting for all involved as to the impact of the allegations and the investigation, whatever the outcome, and any necessary assistance should be made available as necessary.
9.11

Anyone having concerns about a specific prospective adopter or the adoption service may contact the regulatory body responsible for the standards of practice in the adoption service. The regulatory body will ensure that the matter receives an appropriate response. Contact details are as follow:

    Compliance Investigation & Enforcement (CIE) Team
    Midlands Region
    Building C
    Cumberland Place
    Park Row
    Nottingham
    NG1 6HJ   

    Email: enquires@ofsted.gov.uk


APPENDIX 3 Procedure for Sharing Information with Employers when Parents and Carers are Subject to Child Protection Procedures who also work with Children

1.

Introduction
1.1 Child protection enquiries into intra-familial cases should identify wherever possible, whether the parent or carer of concern also works with children.  Consideration needs to be given to whether any actual or potential child protection concerns raised within the family, have implications for the safety of children in the parent or carer’s place of work
1.2 This procedure has been produced to guide decision-making on how and when it is appropriate to share concerns about the parent or carer with their employer or organisation.
1.3   ‘Work’ applies to all activity involving children, whether paid or voluntary.
1.4

Due consideration must be given to the parent/employee’s rights under Data Protection, Human Rights and Employment Law.  Any decision to share child protection concerns with an employing authority must be justified in terms of the potential risks to children outweighing the rights of a parent/employee to confidentiality.  Consequently, all related decisions and their reasoning must be recorded and open to scrutiny.

The following procedure provides:

  • Procedure with Process Flow Chart;
  • Legal Considerations with Decision-Making Flow Chart;
  • Risk Analysis Guide.

Note: The Risk Analysis Guide can also be used as a prompt for Peterborough’s work related risk assessments, when receiving child protection concerns about its own staff from internal or other authorities.

2.

Procedure
2.1 Wherever possible, an intra-familial S47 enquiry should establish whether the parent or carer of concern also works with children.
2.2 Where it is established that the parent or carer of concern works with children, they should be informed that any implications of a child protection nature will also be considered in relation to their place of work. They should also be told that their consent will be sought if it is felt necessary to communicate with other authorities/employers in relation to their work. (Any exceptions to this must be justified in terms of protecting evidence or preventing immediate and significant harm to other children).
2.3

The nature and degree of concern should be considered in relation to whether the risk might extend to children/young people in the parent/carer’s place of work.  There are three possible positions:

  1. There may be sufficient information at the outset to conclude that there is an actual or potential risk to children in the place of work;
  2. There may be doubt about the implications of the intra-familial concerns for the place of work;
  3. It may be clear that the specific nature of the intra-familial concern poses no risk at all to other children.
2.4 The initial assessment will identify which of the above positions apply to the case in question.  This decision must be recorded, along with its justification.
2.5

Where a parent/carer of concern also works with children legal advice must be sought in relation to whether this information should be shared further and any issues concerning consent.  Consultation with the legal department also applies to those cases where communication with employers is not thought necessary.

Investigating authorities must identify a pressing social need to share sensitive information by applying the following three tests:

(i) Legitimate Objective

There must be genuine belief that the sharing of information is required to:

  • Prevent or detect a crime and/or;
  • Uphold the rights of others and/or;
  • Protect the public and their property.

Significant child protection concerns are likely to meet the first two criteria.

(ii)  Prescribed by Law

Authorities must also identify the legal power which enables them to disclose sensitive information.

In these circumstances, S47 of the Children Act 1989 applies.

(ii) Proportionality

It must also be shown that the child welfare concern outweighs the individual’s right to privacy, i.e. a “sledgehammer is not used to crack a nut”.
2.6

Where legal advice endorses a decision to share information with another authority, the first communication made by the investigating agencies must be with the Children's Social Care Services that covers the geographical area in which the parent/carer is employed.

Note: The Children's Social Care Services that covers the geographical area in which the parent/carer is employed, will be legally responsible for any S47 investigation regarding the children in their area.

Additionally, the same Children's Social Care Services might possess earlier records regarding other children which concern the same member of staff.  This information will inform their own assessment of risk in the place of work, and in some circumstances, this information may also be relevant to the referring Children's Social Care Services intra-familial risk assessment.
2.7 Once a decision to share information with another local authority has been made, an Information-Sharing Strategy discussion/or meeting should take place between the two Children's Social Care Services and the relevant police authorities.  A record of the information shared and the agreed actions must be made.
2.8 Any subsequent communication with an employer must also be justified using the criteria listed in Section 2.5 above.  In most cases, this communication should be made by the Children's Social Care Services covering the place of employment or the appropriate police authority.  (See Allegations Flowchart).
2.9 Direct communication between the social services responsible for the intra-familial enquiries and the parent/carer’s employer, should not precede the communication with the social services covering the employer’s area, unless in exceptional or emergency situations.  The tests in Section 2.5 must still be applied, even if already met by a different social services.  The tests must relate to the specific information being shared at that time.
2.10 There will be cases where the parent/carer works within the same authority as the social services undertaking the intra-familial investigation. The tests in section 2.5 should still be applied, with the outcome and reasons recorded before any related information is shared with their employer.  The fact that the case under consideration is within the same authority, should not encourage sensitive information to be shared more readily or informally.


Appendix 3.1 DECISION MAKING FLOW CHART

Click here to view Decision Making Flow Chart


Appendix 3.2 STAGES AT WHICH TO CONSIDER INFORMATION SHARING

1. Child Protection Referral

Does the initial information identify that the parent or carer works with children?

2. Before the Initial Strategy Meeting  (intra-familial)

Is there sufficient concern at the outset to require consultation with the Children's Social Care Services covering the geographical area of the parent’s employment?

If so, consult with them about whether the employer should also be involved and together decide who needs to attend an information sharing strategy meeting.

3. Initial Strategy Meeting  (intra-familial)

If not already involved, does the information collated at this meeting now justify involving those above?

What further information might need to be sought in order to make this decision?

4. Investigative Stage

Does any new information arising from enquiries alter the need to share information?

If so, consider convening an information sharing strategy meeting.

5. Initial and Review Risk Assessments

Does the intra-familial risk assessment imply risks for other children?


Appendix 3.3  RISK ANALYSIS GUIDE

The following guide offers a prompt for an analysis of risk in the work place.   Indicators of risk should be considered in the light of their combined/inter-relational effect, rather than used as a checklist.  Additionally, the overall assessment should also incorporate the influence of any offsetting protective factors.

1. Category of child protection concern:

  • Physical;
  • Sexual;
  • Emotional;
  • Neglect.

2. Is the member of staff the alleged perpetrator?

3.  If the member of staff is a partner or relative of the alleged perpetrator:

  • Has s/he colluded with the perpetrator?
  • Has s/he failed to protect?
  • Does s/he acknowledge the risk?
  • Has s/he shown protective characteristics towards the child/ren?

4.  Are the concerns:

  • Specific to one child in the household?
  • Involve more than one child in household?
  • Involve external children, friends, neighbours etc?

5. Are the concerns:

  • Evidenced beyond doubt?
  • Reasonable suspicion?
  • Uncertain?

6. Is the incident:

  • Single incident?
  • Persistent?

7. Perpetrator’s response to concern:

  • Full co-operation;
  • Some commitment to change;
  • Denial;
  • No commitment to change. 

8. What progress is being made?

  • Deterioration;
  • No progress;
  • Some progress;
  • Significant progress;
  • Risk no longer exists.

9.  Does the concern:

  • Imply a risk to children through direct contact?
  • Imply risks in undertaking work of a child protection nature?
  • Imply indirect risk e.g. access to information?

End