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WCAG21 A [2]:
E885 [1], P967 [1]
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7
HTML [5]:
W605 [4], W609 [1]
WCAG21 A [2]:
W874 [1], W884 [1]
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  62           <div class="content_text">
  63             <h1 class="h1">
  63               Allegations Against Staff
  63             </h1>
  64             <div class="scope_box" style="padding-bottom: 0px; padding-top: 15px;">
  65               <h2 class="h3">
  65                 REGULATIONS AND STANDARDS
  65               </h2>
  66               <p>
  66                 <a
                     href="http://qualitystandards.proceduresonline.com/homes/p_quality_standards.html#protection_c
                     h" target="_blank">
  66                   The Protection of Children Standard
  66                 </a>
  66               </p>
  67               <h3 class="h3">
  67                 SCOPE OF THIS CHAPTER
  67               </h3>
  68               <p>
  68                 This chapter outlines the key responsibilities/procedures that must be followed when an
                     allegation is made against a member of staff/Manager in the Home.
  68               </p>
  69               <p>
  69                 Allegations could be received from the child / young person concerned, their parent / carer or
                     friend, a member of staff working in the Home or another professional. Allegations in relation
                     to an employee’s home or private life which may have implications for children with whom that
                     person has contact at work or in the organisation should also be dealt with under these
                     procedures.
  69               </p>
  70               <p>
  70                 This procedure should be read in conjunction with your Whistleblowing Guidance/
  70                 <a href="p_confidential_reporting.html">
  70                   Confidential Reporting
  70                 </a>
  70                 and the Local Safeguarding Children Partnerships (LSCP) Procedures.
  70               </p>
  71               <h3 class="h3">
  71                 RELATED PROCEDURES
  71               </h3>
  72               <p>
  72                 <a href="p_child_protection.html">
  72                   Referring Safeguarding Concerns Procedure
  72                 </a>
  72               </p>
  73               <p>
  73                 <a href="p_confidential_reporting.html">
  73                   Confidential Reporting Procedure
  73                 </a>
  73               </p>
  74               <p>
  74                 Local Safeguarding Children Partnerships (LSCP) Procedures
  74               </p>
  75               <h3 class="h3">
  75                 RELEVANT GUIDANCE
  75               </h3>
  76               <p>
  76                 <a href="http://www.workingtogetheronline.co.uk/" target="_blank">
  76                   Working Together to Safeguard Children
  76                 </a>
  76                 (Statutory Guidance)
  76               </p>
  77               <p>
  77                 <a
                     href="https://www.gov.uk/guidance/making-barring-referrals-to-the-dbs#what-is-a-referral"
                     target="_blank">
  77                   Making Barring Referrals to the DBS
  77                 </a>
  77               </p>
  78               <h3 class="h3">
  78                 AMENDMENT
  78               </h3>
  79               <p>
  79                 This chapter was substantially updated in September 2020 and should be re-read.
  79               </p>
  80             </div>
  81             <h2 class="h2_underlined">
  81               <br />
  82               Contents
  82             </h2>
  83             <ol>
  84               <li>
  84                 <a href="#Introduction">
  84                   Introduction
  84                 </a>
  84               </li>
  85               <li>
  85                 <a href="#Coordinating">
  85                   Coordinating the Response to Concerns or Allegations
  85                 </a>
  85               </li>
  86               <li>
  86                 <a href="#LADO">
  86                   The Role of the Designated Officer in the Local Authority (LADO)
  86                 </a>
  86               </li>
  87               <li>
  87                 <a href="#Notifications">
  87                   Notifications
  87                 </a>
  87               </li>
  88               <li>
  88                 <a href="#Allegations">
  88                   Allegations Strategy Discussion / Meeting
  88                 </a>
  88               </li>
  89               <li>
  89                 <a href="#Confidentiality">
  89                   Confidentiality
  89                 </a>
  89               </li>
  90               <li>
  90                 <a href="#Support">
  90                   Support
  90                 </a>
  90               </li>
  91               <li>
  91                 <a href="#Suspension">
  91                   Suspension
  91                 </a>
  91               </li>
  92               <li>
  92                 <a href="#Record">
  92                   Record Keeping
  92                 </a>
  92               </li>
  93               <li>
  93                 <a href="#Referrals">
  93                   Referrals to the Disclosure and Barring Service
  93                 </a>
  93                 <br />
  94                 <br />
  95                 <a href="#app1">
  95                   Appendix 1: Guidance on What to Say
  95                 </a>
  95               </li>
  96             </ol>
  97             <h2 class="h2_underlined">
  97               <br />
  98               1.
  98               <a id="Introduction">
  98               </a>
  98               Introduction
  98             </h2>
  99             <p>
  99               This guidance should be followed in relation to any allegation that a person who works in the
                   Home has:
  99             </p>
 100             <ul>
 101               <li>
 101                 Behaved in a way that has harmed a child, or may have harmed a child;
 101               </li>
 102               <li>
 102                 Possibly committed a criminal offence against, or related to, a child; or
 102               </li>
 103               <li>
 103                 Behaved towards a child or children in a way that indicates they may pose a risk of harm to
                     children.
 103               </li>
 104             </ul>
 105             <p>
 105               Allegations or concerns could be received from the child / young person concerned, their parent
                   / carer or friend, a member of staff working in the Home or another professional. Allegations in
                   relation to a person's home or private life should also be dealt with under these procedures.
 105             </p>
 106             <p>
 106               Any concerns relating to inappropriate relationships between members of staff and children or
                   young people in our care, together with other offences or behaviour which call into question
                   their capacity as a role model / carer for children - e.g. domestic abuse or other offending
                   behaviour, should also be considered under these procedures.
 106             </p>
 107             <p>
 107               Allegations of non-recent / historical abuse should be responded to in the same way as
                   contemporary concerns. In such cases, it is important to find out whether the person against
                   whom the allegation is made is still working with children and if so, to inform the person's
                   current employer or voluntary organisation and notify Children’s Social Care Services.
                   Non-recent or historical allegations of abuse should also be referred to the Police.
 107             </p>
 108             <p>
 108               These procedures need to be applied with common sense and judgement; often concerns raised will
                   not meet the criteria set out above. In such situations, the Senior Manager in the Home should
                   speak to the child/young person and staff member concerned with a view to resolving the issue
                   and establishing if there are any underlying issues which need to be addressed. It is important
                   in such cases to provide the child with information on the Home’s
 108               <a href="p_representations.html">
 108                 Complaints Procedure
 108               </a>
 108               , and remind them of their right to access an independent Advocate, as well as being able to
                   speak to their allocated social worker or Independent Reviewing Officer about any concerns they
                   have.
 108             </p>
 109             <p>
 109               Such matters should be fully reported on the child’s file, including the actions of the Home.
 109             </p>
 110             <p>
 110               Any allegation of abuse must be dealt with quickly and in a fair and consistent way which
                   provides effective protection for the child / children concerned, while at the same time
                   supporting the person who is the subject of the allegation.
 110             </p>
 111             <h2 class="h2_underlined">
 111               <br />
 112               2.
 112               <a id="Coordinating">
 112               </a>
 112               Coordinating the Response to Concerns or Allegations
 112             </h2>
 113             <p>
 113               The Home's Registered, or through delegation a Senior Manager, is responsible for coordinating
                   the response to any concerns or allegations against staff. (Note that this procedure will use
                   the term ‘Senior Manager’ to reference the manager in the Home who is responsible for responding
                   to concerns or allegations).
 113             </p>
 114             <p>
 114               Where there is a lack of clarity or the Senior Manager is uncertain, they should seek an
                   independent view from the child’s social worker or team manager or the LADO.
 114             </p>
 115             <h3 class="h3">
 115               Initial action by person receiving or identifying an allegation or concern
 115             </h3>
 116             <p>
 116               The initial response to a child / person reporting an allegation or concern is important.
                   Children are most likely to make a disclosure to someone they trust, so it is important that
                   everyone working in the Home is clear about what they should do in the event of a disclosure.
 116             </p>
 117             <p>
 117               The person to whom an allegation or concern is first reported should reassure the child / person
                   that they have done the right thing in making a report and explain what they will do next,
                   including who the information will be shared with.
 117             </p>
 118             <p>
 118               It is important to:
 118             </p>
 119             <ul>
 120               <li>
 120                 Listen carefully to the child / person making the report; do not ask leading questions, only
                     prompt where necessary with open questions (where, when, what etc.);
 120               </li>
 121               <li>
 121                 Be non judgemental;
 121               </li>
 122               <li>
 122                 Do not promise confidentiality; Explain what will happen next, including that the concern will
                     have to be shared further, but only with the Senior Manager at this stage (who will decide
                     whether the matter should be referred to the LADO);
 122               </li>
 123               <li>
 123                 Write a record containing the facts as the child / person reporting the concern presented
                     them; where possible use their own words;
 123               </li>
 124               <li>
 124                 Sign and date the written record;
 124               </li>
 125               <li>
 125                 Immediately report the matter to the Home’s Senior Manager, or in their absence, the deputy.
                     If the Senior Manager is the subject of the allegation, it should be reported to the deputy or
                     another Senior Manager) (
 125                 <span class="bold">
 125                   Note
 125                 </span>
 125                 : If a member of staff has concerns about how the child/person’s allegations will be dealt
                     with by the Home, they should consider reporting the concern to Ofsted. See
 125                 <a
                     href="https://www.gov.uk/government/publications/whistleblowing-about-childrens-social-care-se
                     rvices-to-ofsted/sharing-concerns-and-information-with-ofsted-about-childrens-social-care-serv
                     ices" target="_blank">
 125                   Ofsted, Reporting Concerns and Whistleblowing about Children&rsquo;s Social Care Services
 125                 </a>
 125                 ).
 125               </li>
 126             </ul>
 127             <p class="bold">
 127               Do not:
 127             </p>
 128             <ul>
 129               <li>
 129                 Investigate or ask leading questions if seeking clarification;
 129               </li>
 130               <li>
 130                 Discuss the allegation with the alleged perpetrator;
 130               </li>
 131               <li>
 131                 Make assumptions or offer alternative explanations;
 131               </li>
 132               <li>
 132                 Promise confidentiality, but give assurance that the information will only be shared on a
                     'need to know' basis.
 132               </li>
 133             </ul>
 134             <h3 class="h3">
 134               Initial action by the Senior Manager
 134             </h3>
 135             <p>
 135               When informed of a concern or allegation, the Senior Manager should not, at this stage,
                   investigate the matter or interview the member of staff, the child concerned or seek potential
                   witnesses.
 135             </p>
 136             <p>
 136               They should:
 136             </p>
 137             <ul>
 138               <li>
 138                 Obtain written details of the concern / allegation, signed and dated by the person receiving
                     (not the child / adult making the allegation);
 138               </li>
 139               <li>
 139                 Approve and date the written details;
 139               </li>
 140               <li>
 140                 Record any information about times, dates and location of incident/s and names of any
                     potential witnesses;
 140               </li>
 141               <li>
 141                 Record discussions about the child and/or member of staff, any initial decisions made, and the
                     reasons for those decisions.
 141               </li>
 142             </ul>
 143             <p>
 143               The Senior Manager should report the allegation to the designated officer in the local authority
                   / LADO within 1 working day. (Note the designated officer in the local authority will be further
                   referenced as LADO).
 143             </p>
 144             <p>
 144               Referrals to the LADO should not be delayed in order to gather additional information. A failure
                   to report an allegation or concern in accordance with this procedure is a potential disciplinary
                   matter.
 144             </p>
 145             <p>
 145               If the Senior Manager is concerned that there is an immediate risk to children, the Police
                   should be contacted without delay.
 145             </p>
 146             <p>
 146               Where a Strategy Discussion / Meeting is needed to consider the allegation in a multi agency
                   setting, the LADO, the Police and the child’s social worker/ or Children's Social Care will
                   agree what information should be disclosed to the alleged perpetrator. Otherwise, the Home’s
                   Senior Manager should inform the person concerned about the allegation as soon as possible after
                   consulting with the LADO and inform them about the likely course of action.
 146             </p>
 147             <p>
 147               Additionally, when there is going to be a Strategy Discussion / Meeting, the Police and the
                   child’s social worker will advise on the information which can be shared with parents or carers.
 147             </p>
 148             <p>
 148               The parents / carers and the child, should be helped to understand the processes involved and be
                   kept informed about the progress of the investigation 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 informing a more senior line manager,
                   e.g. a Head of Service.
 148             </p>
 149             <h2 class="h2_underlined">
 149               <br />
 150               3.
 150               <a id="LADO">
 150               </a>
 150               The Role of the Designated Officer in the Local Authority (LADO)
 150             </h2>
 151             <p>
 151               The role of the LADO is to manage and oversee allegations against people who work with children.
                   This includes providing advice and guidance, liaising with the Police and other agencies,
                   resolving any inter agency issues, monitoring the progress of cases to ensure they are dealt
                   with as quickly as possible consistent with a fair process. The LADO will also provide advice
                   and guidance to employers in relation to making referrals to the Disclosure and Barring Service
                   (DBS) and Ofsted (the Regulatory Authority) (see
 151               <a href="#Referrals">
 151                 Section 10, Referrals to the Disclosure and Barring Service
 151               </a>
 151               ), and liaise with the 3 safeguarding partners.
 151             </p>
 152             <p>
 152               The initial discussion between the Senior Manager from the Home and the LADO will consider the
                   nature, content and context of the allegation and agreed a course of action. The Senior Manager
                   may be asked to provide additional information, such as previous history of the child or member
                   of staff concerned.
 152             </p>
 153             <p>
 153               The initial sharing of information and evaluation may lead to a decision that no further action
                   is to be taken. In this instance, the decision and its reasons should be recorded by the Senior
                   Manager in the Home and the LADO. Agreement should be reached about what the next steps should
                   be, together with the information that will be provided - in writing - to the individuals
                   concerned. Follow up support may need to be considered for both the subject of the allegation
                   and the child / young person.
 153             </p>
 154             <p>
 154               The LADO will consult with the Senior Manager form the Home and other relevant agencies (e.g.
                   the placing authority and the area authority (if different), the Police, relevant social workers
                   and Ofsted), in order to manage and coordinate decisions which will need to be taken in relation
                   to the member of staff against who the allegation has been made. This will include:
 154             </p>
 155             <ul>
 156               <li>
 156                 Whether it is necessary to move or suspend staff, or can they be moved to other duties which
                     do not involve direct contact with children or vulnerable adults;
 156               </li>
 157               <li>
 157                 In relation to the child, whether they should move from the placement.
 157               </li>
 158             </ul>
 159             <p>
 159               All other options should be considered before a decision is made to suspend a member of staff
                   (see
 159               <a href="#Suspension">
 159                 Section 8, Suspension
 159               </a>
 159               ).
 159             </p>
 160             <h3 class="h3">
 160               3.1 Initial consideration by the Senior Manager and the LADO
 160             </h3>
 161             <p>
 161               There are up to three strands in the consideration of an allegation:
 161             </p>
 162             <ul>
 163               <li>
 163                 A Police investigation of a possible criminal offence;
 163               </li>
 164               <li>
 164                 Children's Social Care enquiries and/or assessment about whether the child is in need of
                     protection or services;
 164               </li>
 165               <li>
 165                 Consideration by an employer of disciplinary action.
 165               </li>
 166             </ul>
 167             <p>
 167               The LADO and the Senior Manager should consider first whether further details are needed and
                   whether there is evidence or information that establishes that the allegation is false.
 167             </p>
 168             <p>
 168               The Senior Manager will be consulted as to who from the Home should also contribute to the
                   investigation of the allegation including, where there are concerns of significant harm, who
                   should attend an allegations Strategy Meeting / Discussion (see
 168               <a href="#Allegations">
 168                 Section 5, Allegations Strategy Discussion / Meeting
 168               </a>
 168               ).
 168             </p>
 169             <p>
 169               Reviews of the investigation into the concern / allegation should be conducted at monthly or
                   fortnightly intervals depending on the complexity of the case.
 169             </p>
 170             <h2 class="h2_underlined">
 170               <br />
 171               4.
 171               <a id="Notifications">
 171               </a>
 171               Notifications
 171             </h2>
 172             <p>
 172               Whether the concern is progressed further by the LADO or alternative routes are sought, the
                   Senior Manager from the Home or other Senior Manager should promptly advise the placing
                   authority of the concerns and the actions that have been taken.
 172             </p>
 173             <p>
 173               Ofsted (the regulatory authority) must be notified of any allegation of abuse against the Home
                   or any person working there. See:
 173               <a href="p_notif_events.html">
 173                 Notification of Serious Events Procedure
 173               </a>
 173               .
 173             </p>
 174             <p>
 174               If, during an inspection, Ofsted become aware of an allegation which was made but not notified
                   to them, the Inspector may place a requirement on the Home.
 174             </p>
 175             <h2 class="h2_underlined">
 175               <br />
 176               5.
 176               <a id="Allegations">
 176               </a>
 176               Allegations Strategy Discussion / Meeting
 176             </h2>
 177             <p>
 177               If there is cause to suspect a child is suffering or likely to suffer significant harm, a
                   Strategy Discussion / Meeting will be convened.
 177             </p>
 178             <h3 class="h3">
 178               The Initial Strategy Meeting
 178             </h3>
 179             <p>
 179               The strategy meeting / discussion should:
 179             </p>
 180             <ul>
 181               <li>
 181                 Decide whether there should be a Section 47 Enquiry and / or Police investigation and consider
                     the implications;
 181               </li>
 182               <li>
 182                 Consider whether any parallel disciplinary process can take place and agree protocols for
                     sharing information;
 182               </li>
 183               <li>
 183                 Consider the current allegation in the context of any previous allegations or concerns;
 183               </li>
 184               <li>
 184                 Where appropriate, take account of any entitlement by staff to use reasonable force to control
                     or restrain children;
 184               </li>
 185               <li>
 185                 Consider whether a complex abuse investigation is applicable;
 185               </li>
 186               <li>
 186                 Plan enquiries if needed, allocate tasks and set timescales;
 186               </li>
 187               <li>
 187                 Decide what information can be shared, with whom and when.
 187               </li>
 188             </ul>
 189             <p>
 189               The Strategy Meeting / Discussion should also:
 189             </p>
 190             <ul>
 191               <li>
 191                 Ensure that arrangements are made to protect the child/ren involved and any other child/ren
                     affected, including taking emergency action where needed;
 191               </li>
 192               <li>
 192                 Consider what support should be provided to all children who may be affected;
 192               </li>
 193               <li>
 193                 Consider what support should be provided to the member of staff and others who may be affected
                     and how they will be kept up to date with the progress of the investigation;
 193               </li>
 194               <li>
 194                 Discuss informing the child's parents of the allegation and devising a ‘communication
                     strategy’ to ensure they are kept up to-date (unless this is inappropriate). Also to consider,
                     depending upon the nature of the allegation, whether this impacts upon any contact
                     arrangements that are in place. (Note that where a child is subject to Section 20 Children Act
                     1989 the local authority do not have Parental Responsibility and therefore informing the
                     parents is a requirement);
 194               </li>
 195               <li>
 195                 Make recommendations where appropriate regarding suspension, or alternatives to suspension;
 195               </li>
 196               <li>
 196                 Identify a lead contact manager within each agency;
 196               </li>
 197               <li>
 197                 Agree protocols for reviewing investigations and monitoring progress by the LADO, having
                     regard to the target timescales;
 197               </li>
 198               <li>
 198                 Consider issues for the attention of senior management (e.g. resource implications, media
                     interest (see also
 198                 <a href="#Confidentiality">
 198                   Section 6, Confidentiality
 198                 </a>
 198                 );
 198               </li>
 199               <li>
 199                 Consider reports for consideration of barring;
 199               </li>
 200               <li>
 200                 Consider risk assessments to inform the employer's safeguarding arrangements;
 200               </li>
 201               <li>
 201                 Agree dates for future strategy meetings / discussions.
 201               </li>
 202             </ul>
 203             <h3 class="h3">
 203               Final Strategy Meeting
 203             </h3>
 204             <p>
 204               A final strategy meeting / discussion should be held to ensure that all tasks have been
                   completed, including any referrals to the DBS if appropriate (see
 204               <a href="#Referrals">
 204                 Section 10, Referrals to the Disclosure and Barring Service
 204               </a>
 204               ) and, where relevant, agree an action plan for future practice based on lessons learnt.
 204             </p>
 205             <p>
 205               The following definitions will be used by the LADO when determining the outcome of allegation
                   investigations:
 205             </p>
 206             <ol>
 207               <li>
 207                 <span class="bold">
 207                   Substantiated
 207                 </span>
 207                 : there is sufficient identifiable evidence to prove the allegation;
 207               </li>
 208               <li>
 208                 <span class="bold">
 208                   Malicious
 208                 </span>
 208                 : there is sufficient evidence to disprove the allegation and there has been a deliberate act
                     to deceive;
 208               </li>
 209               <li>
 209                 <span class="bold">
 209                   False
 209                 </span>
 209                 : there is sufficient evidence to disprove the allegation;
 209               </li>
 210               <li>
 210                 <span class="bold">
 210                   Unsubstantiated
 210                 </span>
 210                 : there is insufficient evidence to either prove or disprove the allegation; the term
                     therefore does not imply guilt or innocence;
 210               </li>
 211               <li>
 211                 <span class="bold">
 211                   Unfounded
 211                 </span>
 211                 : to reflect cases where there is no evidence or proper basis which supports the allegation
                     being made.
 211               </li>
 212             </ol>
 213             <h2 class="h2_underlined">
 213               <br />
 214               6.
 214               <a id="Confidentiality">
 214               </a>
 214               Confidentiality
 214             </h2>
 215             <p>
 215               The Home must maintain confidentiality and guard against publicity while an allegation is being
                   investigated or considered. Apart from keeping the child, their parents / carers and accused
                   person (where this would not place the child at further risk) up to date with progress of the
                   matter, information should be restricted to those who have a need to know in order to protect
                   children, facilitate enquiries, and manage related disciplinary or suitability processes.
 215             </p>
 216             <h2 class="h2_underlined">
 216               <br />
 217               7.
 217               <a id="Support">
 217               </a>
 217               Support
 217             </h2>
 218             <h3 class="h3">
 218               For the child
 218             </h3>
 219             <p>
 219               The Home, the child’s social worker and / or Police, where they are involved, should consider
                   the impact on the child concerned and any other children in the Home and provide support as
                   appropriate. Liaison between the agencies should take place in order to ensure that the
                   child's needs are addressed. Note: it is important to ensure that providing children with the
                   relevant support they need does not prejudice the outcome of any other related court
                   proceedings, e.g. criminal charges. A careful balance should be maintained and further legal
                   advice sought if required).
 219             </p>
 220             <h3 class="h3">
 220               For the employee
 220             </h3>
 221             <p>
 221               Following consultation with the LADO, the accused member of staff should be provided with
                   information about the allegation and the initial actions agreed. Employers have a duty of care,
                   and should provide effective support for anyone facing an allegation and act to manage and
                   minimise the stress inherent in the allegations process. Any staff member who is suspended
                   should be provided with a named contact person.
 221             </p>
 222             <p>
 222               The person against whom the allegation is made should be advised to contact their union or
                   professional association. Human Resources should be consulted at the earliest opportunity in
                   order that appropriate support can be provided via the organisation's Occupational Health or
                   Employee Welfare Arrangements. They should be given access to welfare counselling or medical
                   advice where this is provided by the employer.
 222             </p>
 223             <h2 class="h2_underlined">
 223               <br />
 224               8.
 224               <a id="Suspension">
 224               </a>
 224               Suspension
 224             </h2>
 225             <p>
 225               Suspension is a neutral act and it should not be an automatic response when an allegation is
                   reported. All options to avoid suspension should be considered first.
 225             </p>
 226             <p>
 226               Suspension should only be considered in those cases where:
 226             </p>
 227             <ul>
 228               <li>
 228                 There is cause to suspect a child or other children are at risk of harm; or
 228               </li>
 229               <li>
 229                 The allegation is so serious that it might be grounds for dismissal.
 229               </li>
 230             </ul>
 231             <p>
 231               The possible risk of harm to children should be evaluated and managed in respect of the
                   child/ren involved and any other children in the accused person’s home, work or community life.
 231             </p>
 232             <p>
 232               If an Allegations Strategy Meeting / Discussion is held, attendees should discuss whether
                   suspension is appropriate and make a recommendation. However, only the employer, however, has
                   the power to suspend an accused employee.
 232             </p>
 233             <p>
 233               If a suspended person is to return to work, the employer should consider what help and support
                   might be appropriate (e.g. a phased return to work and/or provision of a mentor), and also how
                   best to manage the member of staff's contact with the child concerned, if they are still in the
                   Home.
 233             </p>
 234             <h2 class="h2_underlined">
 234               <br />
 235               9.
 235               <a id="Record">
 235               </a>
 235               Record Keeping
 235             </h2>
 236             <p>
 236               Details of allegations that are found to be malicious should be removed from HR records.
 236             </p>
 237             <p>
 237               Employers should keep a clear and comprehensive summary of the allegation, how it was followed
                   up and resolved. A note of any action taken and decisions made should be kept in the person’s
                   confidential HR record. The record should be kept at least until the person reaches normal
                   retirement age or for 10 years if longer.
 237             </p>
 238             <p>
 238               The purpose of the record is to enable accurate information to be given in response to any
                   future request for a reference. It will provide clarification where a future DBS request reveals
                   information from the Police about an allegation which did not result in conviction, and will
                   help to prevent unnecessary reinvestigation if an allegation re-surfaces after a period of time.
 238             </p>
 239             <p>
 239               A separate record is held by the LADO.
 239             </p>
 240             <p>
 240               <span class="bold">
 240                 Please note
 240               </span>
 240               - while the Independent Inquiry into Child Sexual Abuse (IICSA) is on-going, organisations have
                   been asked to retain any and all documents; correspondence; notes; emails and all other
                   information – however held – which contain or may contain content pertaining directly or
                   indirectly to the sexual abuse of children or to child protection and care.
 240             </p>
 241             <h2 class="h2_underlined">
 241               <br />
 242               10.
 242               <a id="Referrals">
 242               </a>
 242               Referrals to the Disclosure and Barring Service
 242             </h2>
 243             <p>
 243               If an allegation is substantiated and the Senior Manager removes the individual from work
                   because they consider that they pose a risk of harm to children (or would have done had the
                   person not left first) they must ensure a referral is made to the Disclosure and Barring Service
                   (DBS).
 243             </p>
 244             <p>
 244               It is an offence to fail to make a referral without good reason. If a referral is to be made; it
                   should be submitted within 1 month of the allegation being substantiated.
 244             </p>
 245             <p>
 245               For the latest guidance on Making Referrals to the Disclosure and Barring Service, please see
                   the
 245               <a href="https://www.gov.uk/guidance/making-barring-referrals-to-the-dbs" target="_blank">
 245                 GOV.UK website
 245               </a>
 245               .
 245             </p>
 246             <p>
 246               Where individual staff continue to have concerns about a colleague or in relation to conduct of
                   an investigation made in response to an allegation, they should consider the Home’s
                   Whistleblowing Procedure,
 246               <a
                   href="https://www.gov.uk/government/publications/whistleblowing-about-childrens-social-care-serv
                   ices-to-ofsted/sharing-concerns-and-information-with-ofsted-about-childrens-social-care-services
                   " target="_blank">
 246                 Ofsted, Reporting Concerns and Whistleblowing about Children’s Social Care Services
 246               </a>
 246               or contact the child’s social worker should be followed.
 246             </p>
 247             <p>
 247               In cases where it is identified that no significant harm or offence has been committed, the
                   Children’s Home may still wish to consider disciplinary proceedings against staff.
 247             </p>
 248             <p>
 248               Where the concerns have not warranted further investigation under these procedures, other routes
                   may be identified as more appropriate at this stage, for example, the complaints process (see
 248               <a href="p_representations.html">
 248                 Complaints Procedure
 248               </a>
 248               ).
 248             </p>
 249             <p>
 249               Additional Training for the staff member should also be considered as appropriate.
 249             </p>
 250             <h2 class="h2_underlined">
 250               <br />
 251               <a name="app1" id="app1">
 251               </a>
 251               Appendix 1: Guidance on What to Say
 251             </h2>
 252             <p>
 252               The following are principles of good practice when receiving/reporting concerns.
 252             </p>
 253             <p>
 253               However, this guidance is not exhaustive, all staff should have training on receiving and
                   reporting safeguarding and child protection concerns -
 253               <span class="bold">
 253                 if in doubt, staff must consult the Designated Senior Manager or another manager who is not
                     implicated immediately.
 253               </span>
 253             </p>
 254             <p class="bold">
 254               When as allegation is made against a staff member / colleague:
 254             </p>
 255             <p>
 255               Staff may ask questions or seek clarification regarding any allegation made against them, but
                   they may not take any actions to investigate or in any way make judgements about what is
                   reported to them. Investigations or enquiries, if necessary, will be led by the LADO.
 255             </p>
 256             <p>
 256               Staff must not inform or discuss concerns/allegations with any person who is alleged or reported
                   to be the perpetrator, including any colleague/manager. If a manager is implicated, staff must
                   ensure that any reports are passed to their line manager or another manager.
 256             </p>
 257             <p class="bold">
 257               When a child / young person makes a disclosure:
 257             </p>
 258             <p>
 258               Staff must not give absolute guarantees of confidentiality to those who report possible
                   Significant Harm to them, but they should explain that the information will only be passed to
                   the minimum number of people who need to know to ensure proper action is taken in response to
                   the concern.
 258             </p>
 259             <p class="bold">
 259               DO
 259             </p>
 260             <ul>
 261               <li>
 261                 Give the child your full attention and demonstrate that you are both listening and hearing
                     them, e.g. put a sign on the door; stop telephone calls etc.
 261               </li>
 262               <li>
 262                 Ask them if you can take some brief notes (key phrases, short specific detail only) whilst
                     they are talking – but don’t allow this to interfere with the ‘listening process’;
 262               </li>
 263               <li>
 263                 Maintain eye contact;
 263               </li>
 264               <li>
 264                 Allow the child to talk, but don't press for information;
 264               </li>
 265               <li>
 265                 Tell the child throughout that they are not to blame for anything that has happened;
 265               </li>
 266               <li>
 266                 Reassure the child that they were right to tell;
 266               </li>
 267               <li>
 267                 Let the child know that other people will have to be;
 267               </li>
 268               <li>
 268                 Try to explain in a way that the child can understand.
 268               </li>
 269             </ul>
 270             <p class="bold">
 270               DON'T
 270             </p>
 271             <ul>
 272               <li>
 272                 Promise to keep secrets;
 272               </li>
 273               <li>
 273                 Make any promises you can't keep;
 273               </li>
 274               <li>
 274                 Interrogate the child or ask leading questions;
 274               </li>
 275               <li>
 275                 Cast doubt on what they have said;
 275               </li>
 276               <li>
 276                 Make the child feel responsible for what's happened;
 276               </li>
 277               <li>
 277                 Show anger;
 277               </li>
 278               <li>
 278                 Panic and act hastily (it's unlikely to be a life threatening situation);
 278               </li>
 279               <li>
 279                 Gossip about what you have been told;
 279               </li>
 280               <li>
 280                 Talk to the alleged abuser.
 280               </li>
 281             </ul>
 282             <p>
 282               Staff must make a written record as soon as possible of what they have been told, detailing the
                   questions they asked and the replies. They must then give the report to the Senior Manager
                   (unless they are implicated).
 282             </p>
 283             <p>
 283               The record should be placed on the child's file except where a colleague is implicated or where
                   there is any risk to the child as a result, in which case notes/records should be given to the
                   manager dealing with the matter.
 283             </p>
 284             <p>
 284               <br />
 285               <br />
 286             </p>
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