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

2. 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

3. 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)

4. 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

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

6. Local Context LADO functions fulfilled by one person
Annual report published annually
140 LADO referrals LADO contacts (not leading to referral)
LADO ‘One Minute Guide’ on HSBC Website.
content/ygjN/lado-contacts-allegations-about-a- colleague-professional

7. 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)

8. 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

9. 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.

10. 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).

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

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

20. 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.

21. 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.

22. 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

23. 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.

24. 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.

25. 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.

26. 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.

27. 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

28. 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?

29. 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?

30. 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?

31. 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?

32. 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?

33. If you are in doubt
CALL THE LADO