Allegations against People in a Position of Trust

1. What is a Position of Trust?

A Position of Trust is a position held by any person required to have direct contact with an adult or child, and, due to the nature of their role they are in position to exercise authority, power and control over them.

For example, people working for or on behalf of:

  1. Social Care;
  2. Health Services;
  3. The police and criminal justice system;
  4. Housing;
  5. Education.

Under Section 47 of the Police, Crime, Sentencing and Courts Act 2022, it may also include people that provide regular coaching, teaching or instruction in sport or religion.

It doesn't matter whether the person is:

  1. Employed;
  2. Self-employed;
  3. On a permanent or temporary contract;
  4. Volunteering;
  5. A bank or agency worker;
  6. A student.

Note: It does not include informal carers.

2. When to Raise a Concern

All agencies are obliged to raise a concern whenever they believe that someone in a Position of Trust may have:

  1. Harmed an adult or child in their Trust;
  2. Caused an adult or child to be harmed;
  3. Put an adult or child at risk of harm;
  4. Attempted to harm an adult or child; or
  5. Incited another person to cause harm.

A concern should also be raised if the person is observed behaving in a manner outside of their formal role that indicates they may not be suitable to work directly with adults or children.

3. How to Raise a Concern

Whistleblowing

Initially, concerns should be raised using the Whistleblowing processes set out by the relevant organisation.

Raising a Safeguarding Concern

A safeguarding concern should be raised in line with multi-agency procedures.

See: Disclosure and Raising a Concern Procedure

Concerns involving children

Where the concerns involve, or may affect a child the Local Authority Designated Officer (LADO) should also be notified.

Concerns involving criminal activity

Any concerns that indicate a crime has, or may have been committed must be reported to the police.

NHS funded services

If the concern relates to a person working on behalf of an NHS-funded organisation notification should be given to the relevant NHS Commissioner under the National Serious Incident Framework.

4. The Local Position of Trust Framework

The Safeguarding Adults Board has developed a Position of Trust Framework. This is a framework and process for responding to allegations and concerns against people working with adults with care and support needs.

Customer to add link to intranet or relevant section of the Contacts and Practice Resources.

5. Action Against the Person

The organisation may decide that it is appropriate to take immediate action by way of redistributing or even suspending the person in a Position of Trust.

Until proven otherwise, all action against the person should be done on a 'without prejudice' basis, and in line with the HR procedures of the employer. Employees have the right to know that an allegation has been made, and to access the support of a union or legal representative.

6. The Safeguarding Adults Process

The Safeguarding Adults process is the same as it is for other concerns.