Part 1

In relation to local Lewisham procedure, please note the following:

LADO Protocol & Procedure - 2020

To make a referral to the Local Authority Designated Officer (LADO), please email a LADO Referral Form to LewishamLADO@Lewisham.gov.uk.

Please note that this is a secure email address where confidential information can be safely sent. Do not sent LADO information to the email address of Finola Owens. This is because it will not be picked up immediately or within the 24 hour period that is assured in Lewisham. When the designated LADO is on leave it ensures that your email will be read by another manager in the Quality Improvement Service.

The LADO in Lewisham has been in post for 5 years. LADO welcomes consultations and contacts from internal and external professionals and organisations. LADO advice is that if you are uncertain whether the issue you are managing is a LADO matter, call LADO who is always open for advice and consultation. See * below

External organisations will find LADO processes on the Lewisham Safeguarding Children’s Partnership Procedures Manual.

Lewisham staff and internal departments will find LADO processes as above or on Sharepoint.

LADO in Lewisham provides training through the Lewisham Safeguarding Children’s Partnership. LADO also offers opportunities to meet teams and services throughout Children’s Social Care and to offer training on the role and requirements. To access these, contact LewishamLADO@lewisham.gov.uk.

LADO Contact Details

Email: LewishamLADO@lewisham.gov.uk

London Borough of Lewisham,
1st Floor Laurence House,
1 Catford Road,
SE6 4RU

Office Tel: 020 8314 3114

This number will always be transferred to the LADO mobile telephone number or Child Protection Managers when the LADO is absent.

Quality Improvement Manager: 020 8314 7280 or 0208 314 2183

Part 2

The following LADO policy and procedure is taken from the official London Safeguarding Children Procedures. These do not contain the procedures in full but draw on those most relevant for professionals and organisations referring to LADO in Lewisham. A list of links to relevant statutory guidance for all agencies will be provided at the end of the document.

1. Introduction

This document uses the abbreviation LADO (local authority designated officer) throughout, to refer to the specific role of the designated officer employed by the local authority to manage and have oversight of allegations across the children's workforce. This term is used in order to distinguish between safeguarding leads in health and education who can also be referred to as 'designated' leads.

2. Allegations Dealt with by these Procedures

These procedures should be applied when there is an allegation that any person who works with children, in connection with their employment or voluntary activity, 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 they may pose a risk of harm to children;
• Behaved or may have behaved in a way that indicates they may not be suitable to work with children.

Allegations can be made in relation to physical chastisement and restraint but can also relate to inappropriate relationships between members of staff and children or young people, for example:

• Having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual (see ss16-19 Sexual Offences Act 2003);
• 'Grooming', i.e. meeting a child under 16 with intent to commit a relevant offence (see s15 Sexual Offences Act 2003);
• Other 'grooming' behaviour giving rise to concerns of a broader child protection nature e.g. inappropriate text / e-mail messages or images, gifts, socialising etc;
• Possession of indecent photographs / pseudo-photographs of children.

In addition, these procedures should be applied when there is an allegation that any person who works with children:

• Has behaved in a way in their personal life that raises safeguarding concerns. These concerns do not have to directly relate to a child but could, for example, include arrest for possession of a weapon;
• As a parent or carer, has become subject to child protection procedures;
• Is closely associated with someone in their personal lives (e.g. partner, member of the family or other household member) who may present a risk of harm to child/ren for whom the member of staff is responsible in their employment/volunteering.

Finally, these procedures should be followed where a person's employment is covered by the Childcare Act 2006 (See definition in the Statutory Guidance) and:

• … is living in the same household where another person who is disqualified lives or is employed - a person is disqualified if they are 'found to have committed' an offence which is included in the 2009 Regulations (a 'relevant offence'). See Statutory guidance 'Disqualification under the Childcare Act 2006'.

It is also important to note that, whilst not specifically covered by statutory guidance, the risks associated with the wider family and close associates of the member of staff may also need to be considered even if their work with children does not fall within the remit of the statutory guidance.

3. The Difference Between an Allegation and a Concern

It might not be clear whether an incident constitutes an 'allegation'. It is important to remember that in order to be an allegation the alleged incident has to be sufficiently serious as to suggest that harm has or may have been caused harm to a child/ren or that the alleged behaviour indicates the individual may pose a risk of harm to children (or otherwise meet the criteria above). Issues that do not meet this threshold may constitute conduct or disciplinary issues and should be addressed by employers using the appropriate organisational procedures.

If it is difficult to determine the level of risk associated with an incident the following should be considered:

• Was the incident a disproportionate or inappropriate response in the context of a challenging situation?
• Where the incident involved an inappropriate response to challenging behaviour, had the member of staff had training in managing this?
• Does the member of staff understand that their behaviour was inappropriate and express a wish to behave differently in the future? For example, are they willing to undergo training?
• Does the child or family want to report the incident to the police or would they prefer the matter to be dealt with by the employer?
• Have similar allegations been made against the employee – is there a pattern developing?

4. Organised Abuse

Investigators should be alert to signs of organised or widespread abuse and/or the involvement of other perpetrators or institutions. They should consider whether the matter should be dealt with in accordance with complex abuse procedures which, if applicable, will take priority. See Organised and Complex Abuse Procedure.

5. Non Recent Abuse

Allegations of non-recent abuse should be responded to and reported in the same way as contemporary allegations. In cases of non-recent abuse, the person against whom the allegation is made may still be working with children and it will be important to investigate whether this is the case.

6. Roles and Responsibilities

Working Together to Safeguard Children requires that County level and unitary local authorities ensure that allegations against people who work with children are not dealt with in isolation. Any action necessary to address corresponding welfare concerns in relation to the child or children involved should be taken without delay and in a coordinated manner.

Local authorities should have a designated officer, or team of officers (either as part of multi-agency arrangements or otherwise), to be involved in the management and oversight of allegations against people that work with children. The designated officer, or team of officers, should be sufficiently qualified and experienced to be able to fulfil this role effectively, for example qualified social workers. Any new appointments to such a role, other than current or former designated officers moving between local authorities, should be qualified social workers. Arrangements should be put in place to ensure that any allegations about those who work with children are passed to the designated officer, or team of officers, without delay.

Local authorities should put in place arrangements to provide advice and guidance to employers and voluntary organisations and agencies on how to deal with allegations against people who work with children to employers and voluntary organisations. Local authorities should also ensure that there are appropriate arrangements in place to effectively liaise with the police and other agencies to monitor the progress of cases and ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process.

Each organisation providing a service to children and families must have its own policy on how it manages child safeguarding concerns so that staff, children and families know how to identify and report abuse and neglect. The policies should be consistent with and refer to these London Safeguarding Children Procedures. Safeguarding training for staff should be provided and refreshed regularly and children and families should be regularly reminded of how they can report concerns.

7. Roles and Responsibilities for Local Authorities – in Addition to their Role as an Employer

Local authorities should assign a LADO or a team of LADOs, to:

• Receive reports about allegations and to be involved in the management and oversight of individual cases;
• Provide advice and guidance to employers and voluntary organisations;
• Liaise with the police and other agencies;
• Monitor the progress of cases to ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process;
• Provide advice and guidance to employers in relation to making referrals to the Disclosure and Barring Service (DBS) and regulatory bodies such as Ofsted, the General Medical Council (GMC) etc.

It is very important that those giving advice have expertise in this area, as any errors in the advice could have serious ramifications, both for those individuals who have had allegations made against them and for those making the allegation.

It is important to be aware that LADOs do not carry out investigations into allegations – responsibility for the investigation remains with the employer (or whoever is commissioned by the employer to investigate the process) and/or the police. The LADO can provide advice and, where necessary, co-ordinate the process. The LADO is also responsible for ensuring an appropriate outcome is reached. Where it is not straightforward to establish which organisation should lead an investigation, for example, where responsibility may be shared between an employment agency and the organisation where the person was working, the LADO will also provide advice regarding which organisation is best placed to lead the investigation.

8. Roles and Responsibilities for the Police

The police detective inspector on each child abuse investigation team will:

• Have strategic oversight of the local police arrangements for managing allegations against staff and volunteers. This will include, for example, responsibility for informing partners of changes to police practice (such as the changes to bail conditions) and keeping partners aware of the number of cases they are dealing with and any themes which emerge from them;
• Liaise with the safeguarding partnership on the issue and, in particular, which section of the police will lead the investigation;
• Ensure compliance with these procedures.

The police should designate a detective sergeant/s to:

• Liaise with the LADO and their team;
• Take part in meetings / 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.

If a police officer receives an allegation, they should, without delay, report it to the designated detective sergeant on the child abuse investigation team (CAIT). The detective sergeant should then immediately inform the LADO.

9. Responding to an Allegation or Concern – the Role of the Employer

An allegation or concern raised about a member of staff may arise from a number of sources, for example, a report from a child, a concern raised by another adult in the organisation, or a complaint by a parent. It may also arise in the context of the member of staff and their life outside work or at home.

10. Initial Action by Person Receiving or Identifying an Allegation or Concern

The person to whom an allegation or concern is first reported should treat the matter seriously and keep an open mind. They should not:

• Investigate or ask leading questions;
• Make assumptions or offer alternative explanations;
• Promise confidentiality.

They should follow their organisation's procedures, which should include the following:

• Making 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;
• Signing and dating the written record;
• Immediately reporting the matter to the designated safeguarding lead, or the deputy in their absence or; where the designated safeguarding lead is the subject of the allegation report to the deputy or other appropriate senior manager.

11. Notifying the LADO within One Working Day of an Allegation

The designated safeguarding lead must inform their LADO within one working day when an allegation is made and prior to any further investigation taking place. A failure to report an allegation in accordance with procedures is a potential disciplinary matter.

• If it is outside of normal working hours and there is an immediate risk to a child, the local authority emergency duty team for children's social care. The LADO should be informed as soon as possible;
• An immediate risk assessment should be carried out;
• If appropriate the police should also should also be notified within one working day – or immediately if necessary;
• It is important to note that information gathering is distinct from investigation. Employers should continue to gather information about the facts of the case, for example, checking if there is any evidence and taking statements from other witnesses.

12. The Role of the LADO

Initial consideration of an allegation by the designated safeguarding lead and the LADO

Deciding if it is an allegation of harm or a concern

• All concerns reported to the LADO should be assessed to decide if the threshold for an allegation has been met. In cases where it is not clear whether the threshold has been met, it might be necessary to have a discussion (by phone or in a meeting) to evaluate whether the threshold is met – sometimes referred to as an evaluation meeting;
• It is essential to keep the employer who raised the concern informed whilst the case is being assessed. Organisations raising concerns may want to challenge or discuss decisions made by the LADO and will need to be updated on any action taken;
• The employer and the LADO should discuss the incident and agree whether or not it meets the threshold for risk of harm. Consideration should be given to the risk or potential risk to both the child/children directly affected by the issue and any other children who may also be at risk;
• Where it is decided that the incident does not meet the threshold of harm/risk of harm and is a concern only, then the employer should take steps to ensure any conduct or behaviour issues are addressed with the member of staff through normal employment practices.

Considering an allegation

There are up to four strands in the consideration of an allegation:

• A police investigation of a possible criminal offence;
• LA Children's social care enquiries and/or assessment about whether a child is in need of protection or services;
• Consideration by an employer of disciplinary action in relation to possible performance/ conduct issues;
• Whether action in regards to the person making the allegation should be considered where the allegation has no foundation and may be malicious.

13. An 'Allegations against Staff and Volunteers' (ASV) Meeting/Discussion

An ASV meeting / discussion will decide the strategy for managing the allegation. Where necessary this will be a face-to-face meeting. Many cases can be managed through a discussion between the designated safeguarding lead, the police, any other relevant agency and the LADO. Where communication is via phone or email records should be kept for audit purposes.

Where there is a larger number of people involved in the case, the benefit of convening a face-face meeting is increased.

An ASV meeting will normally only be convened when it has been decided that the threshold of harm/risk of harm has been met. Meetings should not be used to further investigate concerns about inappropriate behaviour or conduct where there are not clear indications of harm /risk of harm to a child.

The ASV will be chaired by the LADO. It will normally be attended by the police, a social worker for the child (where there is one], and the employer. The employer is advised to bring a human resources advisor. In situations where the allegation is against a health professional, the designated or named nurse for safeguarding [Integrated Care Board/ICB) should be invited.

The meeting / discussion should:

• Decide whether there should be a s47 enquiry and / or police investigation;
• Consider whether any parallel disciplinary process can take place and agree protocols for sharing information;
• Consider the current allegation in the context of any previous allegations or concerns;
• Where appropriate, take account of any entitlement by staff to use reasonable force to control or restrain children.

The meeting /discussion should also:

• Ensure that arrangements are made to protect the child/ren involved and any other child/ren affected, including taking emergency action where needed;
• Consider what support should be provided to all children who may be affected;
• 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;
• Ensure that investigations are sufficiently independent;
• Make recommendations where appropriate regarding suspension, or alternatives to suspension;
• Identify a lead contact manager within each agency;
• Agree protocols for reviewing investigations and monitoring progress by the LADO, having regard to the target timescales;
• Consider issues for the attention of senior management (e.g. media interest, resource implications);
• Consider reports for consideration of barring;
• Consider risk assessments to inform the employer's safeguarding arrangements;
• Agree dates for future meetings / discussions.

A final meeting /discussion should be held to ensure that all tasks have been completed, including any referrals to the DBS if appropriate, and, where appropriate, agree an action plan for future practice based on lessons learnt.

14. Outcomes Following an Investigation

The following definitions should be used when determining the outcome of allegation investigations:

• Substantiated allegations;
• Unsubstantiated allegations;
• False allegations;
• Unfounded;
• Malicious.

In addition the following are routes that could be taken in parallel with or separate to the LADO process:

• Iinternal investigation by the employer including consideration of disciplinary procedures;
• A police investigation;
• Police prosecution;
• Where the adult is reinstated there may be recommendations in relation to additional support, monitoring or training;
• Where an individual is dismissed from their post, a referral must be made to the DBS which makes decisions on whether individuals should be barred from working with children;
• Compromise agreements are not an acceptable resolution to a concern, and even if someone resigns it should not prevent a full and thorough investigation into the matter.

15. General Responsibilities

Support to the child and family involved

The organisation, together with LA children's social care and / or police, where they are involved, should consider the impact on the child concerned and provide support as appropriate. Liaison between the agencies should take place in order to ensure that the child's needs are addressed.

Support to the accused member of staff

As soon as possible after an allegation has been received, the accused member of staff 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.

Confidentiality

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 (where this would not place the child at further risk) 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 and manage related disciplinary or suitability processes.