2.4.1 Allegations Against Staff/Volunteers |
SCOPE OF THIS CHAPTER
This Chapter should be followed when there is an allegation of abuse against professionals or volunteers who work within the London Borough of Haringey. Other organisations offering services to children and young people should have a procedure for managing allegations of abuse against staff and volunteers, which should be consistent with this procedure.
Allegations against a member of staff that pose a risk to the protection of the public will be referred to the relevant Professional Regulator for further action, if appropriate.
This Chapter was updated in August 2008
Contents
- Introduction
- Threshold and Responses
- Examples of Actions which may be Interpreted as Abusive
- Examples of Actions that are Non-abusive
- Confidentiality
- Referrals to Child Protection Services and Police Child Abuse Investigation Team (CAIT)
- Enquiries and Investigations
- Membership of the Strategy Meeting
- Role of the Strategy Meeting
1. Introduction
These procedures are intended to provide a framework for dealing with child protection allegations against staff, quickly, fairly and consistently. They apply to LB Haringey staff, including those employed through employment agencies, volunteers and others who work with children and young people, in the borough of Haringey. They also apply to staff working in independent provision in the borough, such as staff in residential units and foster carers.
Allegations against foster carers and staff at residential units outside Haringey, made by Haringey children and young people, will be investigated by the authority where the incident occurred. The child’s allocated social worker or a duty social worker will attend the Strategy Discussion/Meeting.
Historical allegations of abuse should be responded to in the same way as contemporary concerns.
The procedures should be followed regardless of whether the person involved resigns his/her post.
The procedures apply to the following situations:
- Where there are suspicions or allegations of abuse by a person who works with children or young people, in a paid or unpaid capacity.
- When it is discovered that an individual known to have been involved previously in child abuse, is or has been working with children
- When there are concerns that a person has behaved in a way that raises concern about his/her suitability to work with children.
- When the allegation or suspicion arises in connection to the individual’s work, her/his own children or in relation to other children.
These procedures reflect the principles that:
- The welfare of the child is paramount
- Concerns and allegations of abuse will be taken seriously
In order to achieve the above, we need to ensure that we have systems in place, which will prevent unsuitable people working with children and that we promote safe practice and take appropriate action to keep children and young people safe.
2. Threshold and Responses
Due to the nature of working with children and young people, there will be occasions when allegations against staff and volunteers are made.
Allegations or suspicions of abuse or neglect, use of restraint other than that permitted by law or guidance should always be considered under child protection procedures.
Evidence shows that allegations of physical abuse are the most common ones. They often arise from incidents involving physical intervention or classroom management, where actions of staff are perceived as an excessive use of force or an assault. All establishments should have robust recording systems to log any incidents where restraint has been used. They also should have physical intervention policies and staff should receive relevant training.
Allegations of sexual abuse can range from sexual assault to allegations of inappropriate touching, language or behaviour, which are perceived to have a sexual motive. Staff should be aware of what constitutes inappropriate contact with children and young people and clear codes of conduct should be adhered to.
Issues of emotional abuse and neglect are much more complex and may include bullying, racist remarks or failing to address these in others. In situations where the alleged behaviour is deemed to cause significant harm, a child protection referral should be made.
3. Examples of Actions which may be Interpreted as Abusive
- Any form of physical assault, including kicking, punching, smacking, pushing, shaking, throwing a missile at a child.
- Any form of sexual assault
- Abuse of position of trust
- Possession of indecent material of children (including computer images)
- Showing indecent or pornographic material to children
- Inappropriate touching, language or behaviour
- Inappropriate use of text-messaging, e-mail or other IT toward children for sexual purposes
- Racist or homophobic comments or failing to address these in others
- Creating a climate of fear
- Persistent lack of warmth and positive regard
- Inappropriate punishment
- Failing to protect
- Failing to ensure access to appropriate medical care or treatment.
4. Examples of Actions that are Non-abusive
- Applying restraint consistent with legislation and guidance (in accordance with section 550a of Education Act 1996)
- Removing with reasonable force, potentially dangerous items from a child, or a child from a dangerous location.
5. Confidentiality
Information about an allegation must be restricted to those on a need to know basis in order to protect children, facilitate enquiries, manage disciplinary aspects and protect the alleged perpetrator’s rights.
Every effort should be made to maintain confidentiality about the identity of the member of staff unless and until the person is charged with a criminal offence. Where there are exceptional cases, this be should agreed in a multi-agency meeting and reasons documented.
6. Referrals to Child Protection Services and Police Child Abuse Investigation Team (CAIT)
Also see Police Units and Children's Social Work Team Joint Protocol
All allegations should be referred to Children and Families by telephone and confirmed in writing within 24 hours. The referral to the Police Child Abuse Investigation Team (CAIT) should be made in writing. The LADO Local Authority Designated Officer (Contact Details below) in The Children and Young People’s Service responsible for dealing with allegations against staff and volunteers should be notified on the same day.
The LADO in Haringey will deal with alleged incidents in the borough of Haringey. Haringey CAIT will deal with incidents in relation to Haringey children. Allegations in relation to out of borough children should be referred to the CAIT of the originating/placing authority. Allegations made by Haringey children and young people against staff and volunteers in another borough should be referred to the Child Protection Service of that authority. The Haringey LADO should be notified.
The LADO contact details:
Quality Assurance, Child Protection and Reviewing Service
48 Station Road
1st Floor
London N22 7TY
7. Enquiries and Investigations
A strategy meeting should be convened within 2 working days unless there are exceptional circumstances. In cases where children are deemed to be at immediate risk, a telephone strategy discussion may initially be necessary to safeguard children, followed up by a strategy meeting.
The strategy meeting will be chaired by the LADO, (Children and Young People’s Service) or in exceptional circumstances by the Head of Service, Quality Assurance, Child Protection and Reviewing Service, or the Deputy Director, Children and Families.
8. Membership of the Strategy Meeting
- Police CAIT
- Child’s allocated Social Worker and Manager (if case not allocated, Duty Social Worker)
- Social Workers of other children involved (if relevant)
- Personnel
- Line Manager of member of staff the allegation has been made against (Chair of Governors for Heads of schools, Head or Deputy Head for other school staff)
- Supervising Social Worker and manager for allegations against carers
- Designated Officer for Child Protection of the relevant agency/service.
Where relevant the following should also be invited:
- Ofsted
- Legal Services/Social Care Legal Team
- Placements Service
- Other local authorities as appropriate, in cross border cases.
- Health
- Senior Manager from relevant agency in the case of supply/agency workers.
- Early Years and Play
- Press Officer
- Others, as identified by the Chair.
The Children and Families Social Worker allocated the case will liaise with the Chair of the strategy and invite the relevant professionals. The Chair will ensure that Ofsted are informed of the allegation and details of the Strategy Discussion/Meeting.
An enquiry must not be conducted by a colleague or supervisor and consideration should be given at this stage to an independent investigator e.g. the NSPCC or another local authority.
9. Role of the Strategy Meeting
The Strategy Discussion/Meeting will consider the following:
- Child protection
- Criminal investigation
- Staff disciplinary or regulatory procedures
The child protection enquiry and possible criminal processes will take precedence over disciplinary action. An internal disciplinary investigation should be delayed pending the completion of the child protection enquiry and decision around criminal proceedings.
The Strategy Meeting will:
- Share current information/concerns
- Consider any previous allegations against member of staff or establishment
- Consider if urgent action is needed to safeguard children
- Consider the need to proceed with s47 enquiry (joint or single agency)
- Allocate tasks and set timescales
- Ensure that all children directly or indirectly affected are identified and considered (including alleged perpetrator’s own children)
- Consider what arrangements should be made to inform the child’s parents/carers if this has not been done and what support can be offered
- Consider the need for a medical and an ABE
- Consider the appropriateness of interviewing other children and other members of staff.
- Consider what information should be shared with member of staff. A named contact person should be identified to keep the member of staff informed of the progress of the investigation. This should be done on a monthly basis, until the completion of the investigation.
- Consider who needs to interview member of staff. If single agency investigation, member of staff should be given opportunity to give his/her account of alleged incident.
- Consider what support member of staff may require and how this will be accessed e.g. Occupational Health.
- Consider possible claims for compensation and alert insurers
- Consider the future of the establishment where it is considered that abuse has pervaded the whole staffing with the involvement or collusion of managers.
- Agree on management of any anticipated media interest.
- Consider suspension of staff.
- Set a review Strategy Discussion/Meeting within 3 weeks. This could either be a telephone discussion, but generally it is a meeting.
The Chair of the Strategy Discussion/Meeting will write to the parents of the child/ren and member of staff at the beginning of the investigation informing them of the investigation. Once the investigation has been concluded, the Chair will write to both parents and member of staff informing them formally about the outcome. Copies of the letters will be on child’s file and personnel records respectively. Consideration should be given to writing to children/young people, depending on their age and level of understanding.
Police and Children and Families should be asked to seek consent for the use of statements and evidence obtained during the course of their investigations, in disciplinary proceedings, at the time the statements and/or evidence are obtained.
End






