Legislation & Statutory Guidance

Slides:



Advertisements
Similar presentations
Giving Children and Young People the Best Start in Life Tuesday 5 th February, 2013 Schools’ safeguarding briefing for new designated child protection.
Advertisements

Safeguarding Adults in Bath & North East Somerset Awareness Session
Meeting your Legal Duty to Refer Presented by: Lyn Gavin.
MANAGEMENT OF ALLEGATIONS AGAINST STAFF
Staff Training.  Be aware of, and use, procedures and policies  Enable staff to be supported in their work  Start to build an understanding of Safeguarding.
Safeguarding Children in Education
The governing body's role in Safeguarding Children
Safer Recruitment & Managing Allegations Training Pack for whole-school use Last updated: June 2012.
Safeguarding & Protecting Children Tutor Update Day 16 th May 2012.
Guidance for Allegations of Abuse against Teachers and other Staff Schools, Academies, Educational Establishments & Support Services Managers Children’s.
Child Protection Conferences Caroline Alexander Service Coordinator for Child Protection.
204 Safeguarding adults Technical Certificate Workshop 2 1August 2012.
The Role of the Local Authority Designated Officer Chapter 2, Working Together to Safeguard Children (HM Govt, 2013)
Meeting your Legal Duty to Refer. ISA Bichard Inquiry Safeguarding Vulnerable Groups Act 2006 (SVGA) Our aim is to prevent unsuitable people from working.
Guidance for Safe Working Practice for Adults Working with Children and Young People – It’s Only Common Sense?
Senior Management Team : Children’s Safeguarding and Child Protection Briefing This briefing will cover: What is safeguarding and child protection Policy.
October 2008 Guidance for Safer Working Practice Linda Richardson Safeguarding Advisor, Government Office North West GONW and NCVCCO Conference.
WALES COUNCIL FOR VOLUNTARY ACTION CRIMINAL RECORDS UNIT SAFEGUARDING SERVICE   SAFEGUARDING.
Staying safe Deputies & Assistant Head Teachers Conference 1 st December 2005.
Safeguarding - LINK GOVERNOR. Safeguarding – Why Section 175 requires school governing bodies, local education authorities and further education institutions.
Government Office for London Managing Allegations 12 th June 2008.
Sharon Hubber (AMA) Linda Richardson Allegations Management Adviser (AMA) Supporting a Safer Workforce 17 th October 2008.
Managing Allegations: The Role of the Local Authority Designated Officer.
Codes of conduct and managing allegations against staff / volunteers Carolyn Eyre.
Safeguarding Advice and Allegations Management Steve Liddicott Interim Head of Service Safeguarding and Quality Assurance.
Safeguarding Adults Care Act 2014.
Sub Title: Professional Conduct. Introduction and session aims Lynn Barugh : HR Business Partner – Schools Currently provide HR advice and Guidance alongside.
The Disclosure and Barring Service Taxi and PHV licensing conference Thursday 19 March 2015 Presented by:Ian Johnston - Director for Operations (Disclosure)
Vulnerable Adults and Professional Concerns.. Adults at Risk (Safeguarding) Adult Safeguarding An “adult at risk” is defined in the Social Services and.
Safeguarding Children Induction for Adults Working or Volunteering in Schools Produced by Gloucestershire Safeguarding Development Officers (education)
Managing allegations against adults who work with children Presentation by Steve Tee, LADO - City Elaine Newcombe - Service Manager, Rutland Mark Goddard,
SW Young Owls U15’s.. Safe Guarding Children Policy Football Club Safeguarding Children Policy 1 SW Young Owls U15’s [2014/2015] acknowledges its responsibility.
The Policy Company Limited © Safeguarding – Part 1 - Policy.
Learning Outcomes LO3 Understand how to respond to evidence or concerns that a child has been abused or harmed. AC 3.1 Describe signs, symptoms, indicators.
Partnership in Action – Keeping Children Safer
Volunteers and Volunteering Organisations:
Working Together to Safeguard Children 2015
3-MINUTE READ WORKING TOGETHER TO SAFEGUARD CHILDREN.
Peer on Peer (Child on child) Abuse
Pauline Trubshaw – Designated Officer Sefton
Hampshire Futures Safeguarding Update July 2017.
Herefordshire Safeguarding Children Board & hvoss – Working Together
Mandatory Child Abuse Reporting
Local Guidelines Policies and Procedures for Safeguarding Children
FGM Mandatory Reporting – the professional duty
Safeguarding Children in Education
Governor Safeguarding Training
Sexting case study Every case is unique, taking risk factors into consideration to aid decision making. No clear definite answers but safeguarding the.
Cardiff Partnership Board
Local Designated Officer (LADO) LBB
Information Session May 2017
3-MINUTE READ WORKING TOGETHER TO SAFEGUARD CHILDREN.
4LSAB Allegations Management Framework
The Role of The Local Authority Designated Officer (LADO)
Mandatory Child Abuse Reporting
11 Safeguarding Vulnerable Adults
Cardiff Partnership Board
Keeping Children Safe in Education September 2018
Safeguarding.
Management of Allegations Against Adults who work with Children Linda Evans (Head of Quality Assurance for Safeguarding) and Majella O’Hagan (Local Authority.
for Sefton Local Authority
Promoting Good Practice in Allegations Pat Woolley, Advice & Mediation Worker North West Conference 6th February 2019.
West Mercia MAPPA PROCESS.
Hampshire Futures Safeguarding Update July 2017.
How to find your way around …
GUIDANCE Working Together (2006) and Appendix 5
Managing Allegations Lead
We are a safeguarding church
Integrated Induction training
We are a safeguarding church
Presentation transcript:

Hereford Safeguarding Children Board Managing Allegations against adults who work with children

Legislation & Statutory Guidance Bichard Enquiry Safeguarding Vulnerable Groups Act 2006 Safer Recruitment Vetting & Barring ‘Common Sense levels’ Protection of Freedoms Act 2012 Safer Working Practices for adults working with children 2009

Legislation & Statutory Guidance ‘Working Together to Safeguard Children’ 2015 Keeping Children Safe in Education 2016 Disclosure and Barring Service Allegations against residential workers (children’s homes national minimum standards – DfE 2011) Allegations against foster carers (fostering services- national minimum standards- DfE 2011)

National Context Rise in the number of historic sexual abuse allegations Sexual offences recorded by police in England and Wales increased by 20% Operation Yew Tree Goddard Enquiry

HSCB Managing allegation procedures Links to ‘Safer Recruitment’ West Midlands Cross Border Protocol Whistleblowing – Confidential Reporting

Local Context LADO functions fulfilled by one person Annual report published annually 140 LADO referrals - 133 LADO contacts (not leading to referral) 2017-2018 LADO ‘One Minute Guide’ on HSBC Website. http://westmidlands.procedures.org.uk/local- content/ygjN/lado-contacts-allegations-about-a- colleague-professional

What is an allegation? Behaved in way that has harmed or may have harmed a child; Possibly committed a criminal offence against or related to a child; Behaved towards child(ren) in away that indicates they may pose a risk of harm to children (would pose risk of harm if they work regularly or closely with children)

When is an allegation not a LADO? When a child is bullied by another child in school When a teacher is rude and unprofessional with parents When a parent says that child attending nursery has numerous unexplained cuts and bruises When people working with children are not in regulated activities When there is no named adult When a 16/17 year old is undertaking a work placement in a regulated activity and has harmed another child When a parent takes part in activities within schools When people working with children are not in regulated activities i.e. administrative staff or when parents would be expected to supervise the contact between and adult and a child i.e. a dentist When a 16/17 year old is undertaking a work placement in a regulated activity and has harmed another child, as they are not adults they are not covered by LADO process

Taxi Drivers Not technically part of the children’s workforce, taxi drivers are in a position where they have unsupervised contact with vulnerable children (including SEN school contacts) LADO is involved in the Licencing of Taxi Drivers within Herefordshire.

Regulatory Bodies e.g. Ofsted HCPC Scouts Association Rugby Union Football Association General Teaching Council for England Talk about how these are the things considered in the Levels of Need and the things assessed against in the CAF and social work assessments (Initial and Core will become Single Assessment in the future in Herefordshire). Talk about how interlinked (and how ripple effect improves or affects the other and vice versa – systems theory).

Key Stakeholders Children Police MASH Care providers Faith groups Other LADO’s Voluntary Groups Designated Safeguarding Leads This is an introduction to the next section. 11

Key Stakeholders Health partners Human Resources Complaints Officers Early Years Learning & Development Community Transport Licensing Ofsted Sports & Leisure This is an introduction to the next section. 12

Key Stakeholders Governing Bodies Trade Unions HSCB Communications Lead Elected Members Local Authority Third Sector Regulatory bodies This is an introduction to the next section. 13

Regulatory role of Ofsted Education FE Early Years Children’s homes Residential family centres Voluntary adoption agencies IFA’s This is an introduction to the next section. 14

Human Resources Involvement where concern relates to an employee Liaison to ensure no action is taken to undermine any future investigation or disciplinary procedure Attendance at LADO meeting Discussion about invoking disciplinary investigation – HR role is to support the employers investigation. Working together to ensure no action is taken that might undermine any future investigation or disciplinary procedure (e.g. interviewing the alleged victim or potential witnesses, or prematurely informing the alleged perpetrator or parents /carer’s) 15

Human Resources Advice/guidance regarding suspension/relocation whilst matter is investigated Updating LADO throughout investigation/upon conclusion LADO is conduit with police where criminal matter is being investigated Making referral to DBS if required Recording and sharing of outcome This is an introduction to the next section. 16

Suspension While suspension is clearly a decision for employers and their HR, the LADO should provide a safeguarding perspective and encourage use of risk assessment suspension tool This is an introduction to the next section. 17

Suspension Risk Assessment Tool Nature and context of incident Information about adult working with children Information about child Information about parent or carer Procedures and policy This is an introduction to the next section. 18

When there is an allegation against an adult who works with children - How does it work….?

Step 1 LADO threshold/procedures considered. Is there a suspicion that an adult who works with children in any capacity has: Behaved in way that has harmed or may have harmed a child; Possibly committed a criminal offence against or related to a child; Behaved towards child(ren) in away that indicates they may pose a risk of harm to children (would pose risk of harm if they work regularly or closely with children) Definition of adult and working with children-anyone over the age of 18, working with means in paid employment, voluntary work, advising or mentoring, teaching etc. Can be parents of children you are involved with who work with children in a work or voluntary capacity as well as professionals you work alongside. Discussion of who would fit in this list, e.g., foster carers, teachers , residential staff, volunteers, church groups. LADO procedures can also apply in circumstances where there are concerns about an individual’s behaviour towards vulnerable adults or animals.

Step 2 There can be three strands in the consideration of an allegation: The Police investigation of a possible criminal offence Enquiries and assessment by Children’s Services as to whether the child is in need of protection or services; Consideration by an employer of disciplinary action or management investigation in respect of the individual. The behaviour of individual’s who work with children away from work can lead to concern about their suitability to work with children. Examples: A Scout leader who is caught selling drugs in a night club-This could result in immediate suspension from the scouts, police investigation and disciplinary action by the Scouts A teacher who is caught drink driving with her own child in the car. This is likely to result in criminal prosecution, assessment of her own children by children's services and disciplinary action by the school as employer A residential care worker working with children who is suspected of doing doughnuts in a car park with a young person in his care in the car. -This is likely to result in suspension and management investigation and disciplinary action if found to be true.

Step 3 Investigation is coordinated and managed by the LADO Liaison with employer, police, children’s services and regulatory bodies Confidentiality considered and any issues around media publicity The form of the investigation (and whether or not to inform the employer, suspend the individual, refer to children's services or involve regulatory bodies) is decided through discussion and information sharing, coordinated and managed by the LADO Liaison between the employer, police, children's services and regulatory bodies such as OFSTED, the General medical council or other body. Discussion will take place on how to maintain confidentiality and guard against publicity while an allegation is being investigated

Step 4 Parents/carer’s informed of allegation as soon as possible Safety and welfare of child given precedence Strategy meeting convened if appropriate Support offered by employer to individual against whom allegation is made Fair, thorough investigation undertaken in timely manner Underlying principles: Parents or carers of involved children should be informed of the allegation as soon as possible. The safety and welfare of children always takes precedence and where a child has suffered or is likely to suffer significant harm then a strategy meeting will take place. The individual who the allegation has been made against should be supported by their employer and kept informed throughout the process. Investigations should be fair, thorough and carried out in a timely manner.

Step 5 Once all investigation has been concluded (and sometimes prior to this) the allegation outcome is recorded as one of the following: No further action, i.e. does not meet threshold for LADO Unfounded, i.e. did not happen Malicious, i.e. allegation was made up Substantiated, i.e. allegation is true and it happened Unsubstantiated, i.e. not possible to say whether it happened or not. At any point it can be decided that the allegation no longer meets the threshold for LADO in which case LADO involvement ceases. This is not the same as investigating and concluding that an allegation is unfounded or malicious. Example would be that a referral is made that indicates a residential worker may have physically harmed a child, usually an allegation made by the child, but it quickly becomes apparent that this occurred during a restraint and was unavoidable. In this case the LADO threshold is not met.

Step 6 If the allegation is unfounded or malicious then no further action is taken. If the allegation is substantiated then the employer will be advised on what action to take. This can include dismissal, retraining, warning or other disciplinary action and the regulatory body will be informed and sometimes a referral made to the Disclosure and Barring Service. If the allegation is unsubstantiated there is often a need to closely monitor and support to the individual in the workplace.

Your responsibility… You can contact the LADO for advice on whether a referral is needed or to discuss any concerns about an individual who works with children. If you become aware that an individual who works with children may have either committed a crime against a child, harmed a child or acted in away that makes you believe they are a risk to children then you must inform your line manager or other designated person and ensure that a referral to LADO is made within 24 hours.

Group exercise Remember that LADO procedures apply when there is suspicion that an adult who works with children in any capacity has: - Behaved in a way that has harmed 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 Look at the scenarios presented to your group. In your groups, make a collective decision regarding the following: 1. Does the referral meet LADO criteria? 2. Would you contact the LADO? 3. How would you respond? 10 Scenarios –in groups .tables 10 minutes ad feedback

Scenario 1 A male scout leader aged 17 is accused by a 15 year old female scout of sending sexually explicit pictures of himself to her outside of Scout meetings. This is reported to you by the leader of the scouts who has already contacted the police and excluded the Scout Leader. Does the referral meet LADO criteria? Would you contact the LADO? How would you respond?

Scenario 2 A student at school(age 14) alleges that a teacher has touched her inappropriately while teaching music. She has not named the teacher and this information comes to you via a friend of the student who saw it on Facebook Does the referral meet LADO criteria? Would you contact the LADO? How would you respond?

Scenario 3 A male aged 57 tells you that he was physically abused by a male teacher called Mr Brown when he was in junior school in the 1960s. The school was in Cambridgeshire and is now closed down. He believes that the teacher is now deceased. Does the referral meet LADO criteria? Would you contact the LADO? How would you respond?

Scenario 4 The mother of a young child tells you that her daughter was shouted at by a member of staff in Nursery and this made her cry. Does the referral meet LADO criteria? Would you contact the LADO? How would you respond?

Scenario 5 You see a social work colleague handling a child roughly to get her into the car for contact with parents. Does the referral meet LADO criteria? Would you contact the LADO? How would you respond?

If you are in doubt CALL THE LADO