Borough of Poole
Guidance in respect of allegations against Borough of Poole employees or volunteers
1.0 Context
1.1 Children and young people can be subject to abuse by those who work with them in any and every setting.
1.2 The concern or allegation may relate to:
the current period; and/or
some time in the past.
It may relate to those who:
are employed or act as volunteers currently;
were employed or acted as volunteers in the past.
The abuse may involve
one or more abusers and
a number of related or non-related children/young people.
Accessing child(ren) to abuse may be through
use of an institutional framework or
use of a position of authority
1.3 These procedures set out the response and actions to be taken to ensure that all complaints and allegations of abuse by a person who works with children/young people in either a paid or unpaid capacity for the Borough of Poole are dealt with appropriately.
1.4 These procedures apply to all children and young people under the age of 18. Subject to a number of limited definitions it would be a criminal offence for a person in a position of trust to engage in any sexual activity with a person aged under 18 with whom they have a relationship of trust, irrespective of the age of consent even if the basis for their relationship is consensual. A relationship of trust exists where one member of staff or volunteer is in a position of power or influence over a child/young person by virtue of the work or nature of the activity being undertaken.
2.0 Key principles
2.1 Whenever there are allegations against an employee or volunteer, the first priority must always be to protect the child/young person concerned. The child/young person must be listened to and the allegations taken seriously.
2.2 All allegations should be responded to within a timescale that ensures the child's safety and protection and does not jeopardise any subsequent child protection enquiry or criminal investigation
2.3 Organisational responses to an allegation of abuse or where there is suspicion of abuse should be prompt, thorough and proportionate to the issue of concern.
2.4 Whenever a child/young person discloses abuse, they need to be made aware that in order to ensure their protection and that of other children, information will need to be shared, in accordance with these procedures.
2.5 Similarly various people will need to be informed that an allegation has been made against an employee or volunteer. Decisions about
who needs to be informed,
the nature of the information to be shared and
the timing for information to be shared
will be agreed at a strategy discussion/meeting and such decisions will take into consideration as far as possible issues of confidentiality.
2.6 All enquiries must be conducted in the strictest confidence so that information can be given freely, and without fear of victimisation and in a way that protects the rights of all concerned
2.7 It is recognised that where an allegation is made this will be a very difficult situation for employees or volunteers. Whilst these procedures are carried out employees and volunteers should be offered appropriate support and advice.
3. Procedures
3.1 Wherever there is a concern or allegation that an employee or volunteer has:
behaved inappropriately towards a child or
has physically assaulted a child/young person or
has sexually assaulted a child/young person or
has or is suspected of having been involved in potential internet offences
the matter should be dealt with as a child protection concern under these procedures, and decisions regarding outcome agreed accordingly.
3.2 Allegations of abuse against a member of staff made by any child or young person, or concerns or suspicions about child abuse expressed on behalf of the child, will cause the four strands of enquiry set out below to be considered, and those which are appropriate will be pursued:
child protection enquiries, relating to the safety and well-being of any child who is, or may be involved;
a police investigation to ascertain whether an offence has occurred;
disciplinary procedures, where the decision is made that the allegations or concerns about the member of staff lead to such action;
the complaints process, to log and enquire into the conduct of the member of staff as a complaint on behalf of the child.
3.3 Whenever a practitioner/professional is concerned about the conduct of another colleague or a volunteer in relation to a child protection issue, and/or a child makes a disclosure against a member of staff/volunteer, they should always consult with the Lead Officer Child Protection for the relevant Service Unit or in the case of schools the L.E.A. Lead Officer (Safeguarding). This will help to clarify whether the issue should be dealt with by further action within the Service Unit/establishment or by the Lead Officer seeking further advice from Children and Families Services and/or the Police.
Whilst some expressions of concern and/or an allegation may seem much less serious and on the face of it will not warrant consideration of a police investigation or enquiries by Children & Families Services, it is important that all allegations are taken seriously and examined by someone independent.
Initial response to allegations
3.4 All allegations/disclosures/concerns of abuse as listed in paragraph 3.1 above by an employee/volunteer should be reported promptly to the appropriate manager/Headteacher within the Service Unit/establishment, who should establish from the source of the allegation or from the person to whom the allegations have been made brief details about:
The nature of the allegation
When and where the alleged incident/abuse is alleged to have occurred
Who was involved
Any other persons present.
and produce a record of the report that is timed, dated and signed.
3.5 Any employee who having been made aware of an allegation fails to report the matter in accordance with these procedures could face disciplinary proceedings.
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3.6 The manager/head teacher should in turn and without delay inform their Service Unit Head/LEA Lead Officer (Safeguarding)/senior manager of the concerns/allegations and consult with them regarding how the concerns/allegations will be responded to. The Service Unit/ Head/LEA Lead Officer/senior manager should in addition inform the Local Authority designated officer involved in management and oversight of individual cases of allegations against people who work with children. ( refer to paragraph 4.6 for further details of this post)
3.7 Further clarification or information gathering must only be undertaken with the agreement of the Service Unit Head/L.E.A. Lead Officer (Safeguarding)/senior manager. In cases where a physical or sexual assault has been alleged to have taken place, Children and Families Services must be consulted. No further enquiries should be undertaken until a strategy meeting has been convened. (refer outcome 3 below)
3.8 If the relevant manager/headteacher is implicated in the allegation the concern must be reported to the designated/named person for child protection in that agency, a more senior member of the Service Unit, or the nominated governor or the LEA Lead Officer (Safeguarding). In the case of head teachers subject to allegations the role of the head teacher will normally be assigned to the Chair of Governors.
In the event that an allegation is made against the Director of Children's Services, the Service Unit Head Children and Families Services must be informed and any enquiries as are deemed necessary should be undertaken independently (eg by the NSPCC Specialist Investigation Service)
Outcome 1
3.9 Following consultation with the Service Unit Head/L.E.A.Lead Officer (Safeguarding)/senior manager where the concerns are judged not to warrant a child protection enquiry, the matter might result in no further action being taken.
All action taken, the outcome of any consultation/discussions and any decisions reached must be recorded. Appropriate support and guidance should be offered to the employee/volunteer concerned.
Outcome 2
3.10 Where the concerns relate to a matter of professional conduct, the manager/headteacher in consultation with the Service Unit Head/L.E.A.Lead Officer (Safeguarding)/Senior manager, and Personnel where appropriate, will undertake further enquiries as deemed necessary, which will determine which of the following outcomes is appropriate
no further action
professional advice and/or additional training
informal warning
suspension/disciplinary process (refer para 3.21)
Outcome 3
3.11 Where there is clear agreement that there is a concern that a staff member may have abused a child, (in the case of schools, following consultation with the L.E.A. Lead Officer (Safeguarding), a referral will be made to Children & Families Services and/or the information will be reported to the Police. Any allegation or concern that may constitute a criminal offence must be reported to the police at the earliest opportunity. A decision will then be reached on whether the enquiry is to be conducted on a single agency basis or jointly by the Police Child Protection Investigation Unit and Children & Families Services. This decision will be taken at an inter-agency strategy meeting.
3.12 In those circumstances where it is indicated that there is strong likelihood of ongoing risk to a child/young person, serious consideration must be given, in advance of a strategy meeting to the need to
put in place any necessary strategies and actions, which may fall short of the need for suspension or
invoke suspension procedures, where necessary in accordance with agreed policy and procedures.
These decisions must be taken in consultation with the Service Unit Head/L.E.A. Lead Officer (Safeguarding)/Senior manager, Personnel and the investigating agencies.
Where it is necessary to inform the person concerned about any action being taken, staff should seek guidance about the conduct of the interview with the person concerned.
3.13 An inter-agency strategy meeting should be convened promptly by Children & Families Services and/or the Police to develop a clear strategy for enquiries/investigations to be made. Refer to paragraph 3.15 below.
3.14 Senior representatives from those service units/establishments affected by the allegations/disclosure should attend the strategy meeting, along with representatives from Children and Families Services, the Police Child Protection Investigation Unit, the LEA Lead Officer (when education staff are involved), Personnel, (where the concerns relate to an employee of the Borough), and Legal and Democratic Services. Consideration should also be given to the need to invite a health representative in cases where there has been significant involvement by health agencies and/or where the need for medical examinations of victims is indicated.
Where an allegation is made against a supply worker consideration should be given to the attendance of the head of the Employment Agency, and similarly where an establishment has a residential facility a representative from CSCI should be notified/attend.
A Principal Manager from Children and Families Services would usually be responsible for chairing the strategy meeting and ensuring that an accurate and full written record is completed of the discussion and actions arising from the meeting and any subsequent strategy meetings (refer also to 3.17 and 3.18). Any identified discrepancies in the official record of the meeting should be notified to the chair and resolved as soon as possible.
Records will be retained in accordance with individual unit policies and Dfes guidance
3.15 The strategy meeting will determine and take account of the following:
In relation to the enquiries/investigation
the nature and scale of the alleged abuse;
whether there has been a history of concern in relation to the individual(s) concerned;
the timing, parameters and conduct of the enquiries/ criminal investigation;
(refer to Chapter 2, paragraph 2.66 and Appendix 3 of the Bournemouth, Dorset and Poole inter-agency safeguarding procedures)
In relation to the child/young person and their parents/carers
what the current needs are of the child and how these are to be met?
how the parents/those with parental responsibility are to be notified about the concerns/allegation and who will inform them. The provision of information and advice must take place in a manner that does not impede the proper exercise of enquiry, disciplinary and investigative processes. However in some cases parents will need to be advised of an incident involving their child straight away e.g. if a child is injured and requires medical treatment;
what should be included in the information provided;
what advice the parents are to be given on the processes that are to be followed, with plans made to provide information on the outcome. Plans should also be made for support to be offered to the parents, including the opportunity for counselling to be arranged if appropriate;
whether there are other children who may be implicated within the placement/ setting/family context or elsewhere;
In relation to the person against whom the allegation has been made
whether the staff member (past or present) is aware of the allegations? How, when and by whom the staff member should be told. The police and other relevant agencies should always be consulted before informing a person who is the subject of allegations that may possibly require a criminal investigation;
if the staff member is to be interviewed - if so, by whom and when?
the need to nominate a senior person who is separate from the child protection
enquiry and line accountability for the staff member who is the subject of the concern/allegation, to provide information and support to that staff member;
whether the staff member is having contact with children/young people outside of their professional capacity and the implications of this. This will include children in their family/household and those with whom they might be involved as a result of leisure/recreational and volunteer activities;
that appropriate care has been demonstrated to the person concerned and that they are aware of the support which individuals and organisations( including trade unions) can offer;
that the individual has been given sufficient information to understand the position. (Guidance for staff facing allegations of abuse is available from the IRSC network and teachernet.gov.uk.)
Issues in relation to staff/colleagues not involved in the allegation
support for those in the staff team who work with the staff member who is the subject of allegation. Plans should be made to provide information, support and advice to individuals or collectively to the staff team throughout the enquiry. This should include guidance on the handling of sensitive information. The person providing this support should be separate from the child protection enquiry and not have line accountability for the staff team. There should be consideration of whether there is the need for independent counselling
3.16 Additional guidance for staff attending strategy meetings in respect of further issues to be considered is attached. (Appendix 2)
3.17 The outcome of a strategy meeting may be one or more of the following:
no further action
referral for disposal with recommendations e.g. informal warning, disciplinary proceedings, training, guidance (via Personnel and/or Service Manager
referral for child protection enquiries under Section 47 of the Children Act 1989
a criminal investigation
a response through the organisations complaint process
3.18 A further strategy meeting should be convened to report on the progress of enquiries, and decide on any further actions required to complete the enquiries/investigations
3.19 At the conclusion of the initial enquiries/investigation an inter-agency meeting should be convened to:
share the outcome of enquiries/investigation;
formulate further action plans in relation to the completion of any police investigation, the child(ren) who were subject of the enquiries and other children who might be affected by the circumstances;
consider how information in relation to the enquiries will be shared with parents/carers and significant others and by whom.
agree the process and actions required in respect of any staff disciplinary procedures
consider referral to the POCA/POVA list in relevant cases
give consideration in certain exceptional cases to the need for a Serious Case Review
All key actions arising from this meeting should be recorded and distributed as agreed at the meeting. This might be used to assist decision making on the disciplinary process and might be used as evidence in any internal proceedings.
3.20 Subject to legal constraints any evidence gathered in the course of an enquiry about allegations against staff can be made available to the staff responsible for disciplinary processes or the investigation of complaints.
3.21 Consideration should also be given to any learning points arising from the enquiries/investigation and how these can be disseminated to relevant practitioners and personnel to promote good practice.
3.22 If an allegation is determined to be false, the Service Unit Head/LEA Lead Officer/Senior Manager should refer the matter to:
the police for their consideration as to whether any action might be appropriate against the person responsible in the case of an adult;
in the case of a child Children & Families Services to determine whether the child concerned is in need of services or may have been abused by someone else;
in the event that there is convincing evidence that allegations have been deliberately invented by a child/young person in school and are malicious, consideration should be given in due course by the head teacher as to whether any further action should be taken in accordance with the schools discipline procedures for pupils.
Careful consideration should be given to appropriate support for the person against
whom an allegation has been made and the wider school community. (Further
advice on managing unfounded and unsubstantiated allegations is available from the
IRSC network, teachernet.gov.uk)
Staff disciplinary procedures.
3.22 Action may be invoked to ascertain whether there has been misconduct or gross misconduct on the part of the staff member. The relevant senior manager of the person against whom the allegation/concerns have been raised will identify any action that is to be taken.
3.23 A decision to suspend or temporarily re-deploy staff rests with the employing agency (school governing body in the case of a school), may be informed by
the sharing of information by relevant parties prior to a strategy meeting where the concerns are of a very serious nature and the risks in relation to a child/young person cannot otherwise be managed safely. (refer to paragraph 3.12)
the information sharing and discussion at the strategy meeting,
In each case the discussion and decisions made must take into account:
the safety of the child/ren
any impact of such action on the enquiry/criminal investigation
whether any reasonable alternative is available to suspension
3.24 The fact that there may be insufficient evidence to support a police investigation or prosecution should not prevent any action under child protection and/or disciplinary procedures being taken, that are necessary to safeguard a child/young persons welfare
3.25 It may be that the allegation was prompted by inappropriate behaviour, not considered sufficiently harmful under the child protection procedures, but which may still need to be considered under the disciplinary procedures.
3.26 Following notification that the child protection investigation has been concluded, staff conducting disciplinary proceedings should request access to relevant information from Children and Families Services and the Police Child Protection Investigation Unit.
3.27 There is a statutory duty to refer an individual's case to the Department of Education and Skills Misconduct Team for possible inclusion on the POCA Lists and /or List 99 and debarring from further employment with children and young people where:
an employee is dismissed or transferred following the application of the Service Unit or Schools Disciplinary Procedure on the grounds of misconduct which harmed a child or placed a child at risk of harm (whether or not in the course of his employment); or
the employee / volunteer has resigned or retired ahead of dismissal or
where there are significant concerns about a volunteer.)
3.28 The POCA (Protection of Children Act) and POVA (Protection of Vulnerable Adults) lists are maintained by the Department for Education & Skills to enable checks to be made whether potential employees or volunteers would be a risk to children or vulnerable adults.
A decision to include an individual on the POCA/POVA List or List 99 is made by the Secretary of State.
3.29 Locally a strategy meeting will be held at which a decision to make a referral will be jointly considered by the Service Unit Head/L.E.A. Lead Officer (Safeguarding) where appropriate and the Director of Children's Services, in consultation with the Head of Personnel and Training. Advice and, where applicable, attendance at a strategy meeting will be sought from the Head of Legal and Democratic Services.
3.30 The decision to refer is automatic if there was a dismissal or transfer on the grounds of misconduct. If there was no dismissal / transfer because the employee / volunteer resigned or retired ahead of dismissal, the Service Unit Head (in consultation with the Headteacher in the case of schools) will need to consider whether the evidence would have justified dismissal or transfer. Legal and Democratic Services will be able to assist in this decision, but the presumption will be in favour of notification because the Secretary of State will follow his own quasi-judicial process before placing a name on the lists.
3.31 Employees and their representatives will be advised of any referral.
Note: In the case of qualified teachers/social workers, where the reason for dismissal relates to professional standards a referral will normally be made to the General Teaching Council for England (teachers)/ General Social Care Council (social workers).
The Complaints Process
3.32 The complaint made against the staff member should be considered on behalf of the child. The relevant line manager should consider how this should be pursued.
3.33 The complaints process should include confirmation that the child has been informed of the outcome of the child protection and police enquiries, and as far as is appropriate, advised on the consequences of any disciplinary action against any staff member.
3.34 In advising the child of the disciplinary action taken, a balance needs to be struck between on the one hand giving sufficient age-appropriate information to demonstrate to the child that the complaint has been investigated, that any abuse has been punished, and that the child will be protected against further abuse by that employee / volunteer and on the other hand maintaining the confidentiality still owed to the employee / volunteer. The information is likely to be either that the employee / volunteer no longer works for us in child care or that the employee still works for us but has been disciplined.
4.0 Allegations against a staff member or volunteer where the concerns relate to children/young people with whom the person has contact outside their work setting.
4.1 Whenever there is concern about a member of staff's conduct in relation to possible abuse, or an allegation/disclosure is made against a staff member by a child/young person with whom the staff member has contact in a setting or context which is unrelated to their employment/professional duties, inter-agency child protection procedures will be followed.
4.2 If the concerns/allegations are initially brought to the attention of another borough employee, these should be responded to in accordance with these procedures (paragraph 3.4 onwards.)
4.3 Where the concerns are reported in the first instance to the Police or Children and Families Services, a senior representative from the Service Unit employing the staff member, a representative from Personnel and Training, and the LEA Lead officer and Headteacher in the case of schools staff, will be invited to the strategy meeting which is convened to instigate any enquiries and/or investigations.
4.4 All subsequent enquiries/investigations and their outcome will need to take account of the staff member's duties and responsibilities. In the light of the outcome of enquiries the employer should consider whether further action is required, where it is indicated that there would be incompatibility with the employee/volunteer continuing in their role or undertaking their responsibilities. Appropriate advice should be sought in relation to employment and contractual arrangements from Legal and Democratic Services and Personnel and Training.
4.5 A separate procedure exists in respect of allegations against foster carers and prospective adopters. Details of these procedures can be obtained from Children and Families Services.
4.6 County level and unitary local authorities should designate officers to be involved in the management and oversight of individual cases; providing advice and guidance to employers and voluntary organisations; liaising with the police and other agencies, and monitoring the progress of cases to ensure they are dealt with as quickly as possible consistent with a thorough and fair process. (paragraph 6.20 -6.30 Working Together to Safeguard Children 2006. (awaiting implementation in Poole at time of issue).
4.7 Full guidance in relation to managing allegations against people who work with children can be found in the Bournemouth, Dorset and Poole Inter-agency Safeguarding procedures 2006 Part 2 Working Together to Safeguard Children 2006 Appendix 5
APPENDIX 2
Further issues to be considered at Strategy Meetings
2.1.1 It is important to agree
the method of maintaining effective communication and awareness between all parties, as deemed appropriate;
record keeping in relation to the investigation including minutes of strategy and planning meetings, and how key people will be informed of the progress of/outcome of the investigation including parents/carers.
make arrangements for actions to be reviewed
lines of accountability and communication;
the secure storage of records;
issues relating to confidentiality and access to records;
secure access to expert legal advice;
deployment of staff;
with the Head of Service and/or lead officer and senior managers from other key agencies the handling of political and media issues arising from the investigation.
Every effort should be made to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated/considered. In accordance with the Association of Chief Police Officers (ACPO) guidance the police will not normally provide any information to the press or media that might identify an individual who is under investigation, unless and until the person is charged with a criminal offence. The system of self regulation, overseen by the Press Complaints Commission, also provides safeguards against the publication of inaccurate or misleading information.
2.1.2. In addition those senior managers involved in planning the investigation will be required to:
ensure that staff members from Children and Families Social Services and the Police are experienced and suitably trained to conduct investigations which are particularly complex, where criminal investigations run alongside child protection enquiries;
ensure independence and objectivity on the part of the social work team where Children and Families Services own staff or foster carers are being investigated;
where it is practical in the circumstances to conduct a rigorous and impartial investigation using the authorities' own staff, it is also essential to ensure sufficient distance (in structural and geographic terms) between such staff and those being investigated;
ensure an experienced team of managers to oversee the investigations;
recognise and anticipate that an investigation may become more extensive than suggested by initial allegations;
ensure that appropriate resources are deployed to conduct the investigation;
ensure that appropriate supervision is provided to those involved in the enquiries/investigation;
ensure full access to records;
ensure that consideration has been given to appropriate support and provision of information to the person against whom an allegation has been made
2.1.3 Other important issues that need to be addressed include:
o expert legal advice should be made available, to enable the complex inter-relationship between criminal, civil and employment processes to be managed effectively;
consideration of the need to provide a confidential and independent counselling service for victims and families. Agreement on guidelines with counselling and welfare services on disclosure of information, to avoid the contamination of evidence;
put in place a means of identifying and acting on lessons learned from the investigation (e.g.: in respect of policies, procedures and working practices which may have contributed to the abuse occurring) as the investigation proceeds, and at its close;
at the close of the investigation, assess its handling and identify lessons for conducting similar investigations in the future;
consider whether an independent agency should be used to conduct the enquiries or offer consultation and advice, e.g. NSPCC specialist investigation service
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