Allegations against staff policy

Any staff member with concerns about the behaviour of another member of staff should voice them immediately to a member of the Safeguarding team (Imogen, Chris, Carol or Sarah A).

This policy will be adopted in respect of allegations that may indicate that a person is unsuitable to continue to work with children in their present position, or in any capacity.

An allegation is defined as an complaint or concern that might indicate that a person who works with children has;

1. Behaved in a way that has harmed a child, or may have harmed a child

2. Possibly committed a criminal offence against  or related to a child

3. Behaved towards a child or children in a way that indicated they may pose a risk of harm to children

In the instance of there being a concern reported against a manager or designated person and in the absence of any other managers or designated persons you are advised to contact the LADO (Local Authority Designated Officer) on 0300 300 8142 without delay.

Ofsted must also be informed as soon as possible but within at least 14 days, this is done online:

https://www.report-childcare-incident.service.gov.uk/serious-incident/childcare/update-incident/

YOU MUST NOT speak to the member of staff or adult concerned OR take any action about the allegation until you have spoken with the LADO, as this could jeopardise any possible subsequent investigation.

Allegation procedure

Handling allegations, particularly serious ones, is a complex and delicate process. All allegations need to be taken seriously. Good record keeping is essential to the success of child protection practises, please follow the procedure for Dealing with a disclosure.

1. Allegation is made: All allegations against staff or any observations of inappropriate behaviour by a member of staff should be brought to the attention of a member of the safeguarding team (Imogen, Chris Carol or Sarah A) immediately and in the strictest confidence.

2. Report allegation: The senior member of staff will notify LADO immediately. The manager must also report this allegation to Ofsted.

3. Initiate allegation procedures: The LADO will decide whether the incident fits the criteria of an “Allegations against a member of staff” in other words:

   • Did the alleged incident potentially cause harm to the child?

   • Does the alleged incident constitute a criminal offence?

   • Does the alleged incident suggest that this person is potentially unsuitable to work with children?

   Allegation’s procedures are clearly outlined in Safeguarding Children & Safer Recruitment in Education and should be held to the recommended timescales to avoid unnecessary distress to all involved. The parents will be informed under the guidance of the LADO.

4. Workplace arrangements: The LADO will advise whether the member of staff should remain in the workplace or whether they should go on “gardening leave” or be suspended until the investigation is resolved. If the member of staff remains in the workplace, safeguards will be put into place to protect the member of staff and the child/children involved. The member of staff will be advised to contact their union representative (if applicable) and the senior member of staff will keep both the member of staff and the family up to date regarding timescales of meetings and the procedures being put in place.

5. Strategy meeting: The LADO will schedule a strategy meeting with the representative from the setting and from the police. A new police check will be conducted prior to the strategy meeting to determine whether any previous incidents involving that member of staff are known and have not been declared.

6. Decisions and next steps: Professionals at the strategy meeting will decide what next steps to take - these may include criminal proceedings, child protection procedures, disciplinary procedures, training needs, or no further action taken.

All staff need to be aware that it is a disciplinary offence not to report concerns about the conduct of a colleague that could place a child at risk.

Feb 24