Managing Safeguarding Children Allegations Against Staff

Policy and Procedure

Document History
Lead/Author(s) / Reggie Medina-Rios
Sue Nichols
Version and date / v 01 March 2016
Approved by / BHR CCGs Quality & Safety Committee
Approval / Implementation date / 7 June 2016
Review date / April 2019
Target audience / CCG staff
Date of equality impact assessment / 04/03/2016
Policy reference number
Version History
Date / Version / Author / Status / Description of change/comments
21.10.16 / 02 / M Hylton / Live / Revision of title (Safeguarding Children only) and hyperlinks


Content
1 / Introduction / 3
2 / NHS Commitments and Values / 3
3 / Application and Scope / 4
4 / Accountability / 4
5 / Considerations / 4
6 / Procedure / 5
7 / Strategy planning meeting / 6
8 / Allegations against staff in their personal lives / 7
9 / Disciplinary Process / 8
10 / Disclosure and Barring Service / 8
11 / Record Keeping / 8
12 / Post investigation Review / 9
13 / Monitoring / 10
14 / References / 10
Appendix 1 / Record keeping check-list / 11
Appendix 2
Flowchart / Allegations / Concerns against Staff
Child protection process / 12
Appendix 3
Flowchart / Allegations / Concerns against Staff
Disciplinary and Suitability Process / 13
Equality Impact Assessment / 14

Managing Safeguarding Children Allegations Against Staff

Policy and Procedure

1.0Introduction

1.1Despite all efforts to recruit safely there will be occasions when allegations of abuse against children are raised. The purpose of this policy and procedure is to provide a framework for managing cases where safeguarding allegations are made against Barking & Dagenham, Havering and Redbridge Clinical Commissioning Groups (BHR CCGs) staff, regardless of whether they are made in connection to duties with BHR CCGs or if they fall outside of this such as in their private life or any other capacity. Concern may also be raised if the staff member is behaving in a way which demonstrates unsuitability for working with children, young people or adults at risk, in their present position, or in any capacity.

1.2The policy and procedure must be applied when there is an allegation or concern that any person who works with children has:-

  • Behaved in a way that has harmed a child, 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
  1. These behaviours should be considered within the context of the four categories of abuse (i.e. neglect, physical, sexual and emotional abuse). These include concerns relating to inappropriate relationships between members of staff and children or young people, for example:-
  • Having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual
  • ‘Grooming’, i.e. meeting a child with intent to commit a relevant offence
  • Other ‘grooming’ behaviour giving rise to concerns of child sexual exploitation e.g. inappropriate text / e-mail messages or images, gifts, socialising etc.
  • Possession of indecent photographs / pseudo-photographs of children.

This procedure should be read alongside the London Child Protection Procedures 2015 and BHR CCGsDisciplinary andWhistleblowing policies.

2 NHS Commitments and Values

2.1 The NHS Constitution establishes the principles and values of the NHS in England and rights that patients, public and staff are entitled to. It sets out the pledges that the NHS is committed to achieve, together with responsibilities; that the public, patients and staff owe to one another to ensure that the NHS operates fairly and effectively.

2.2 Asa publicly funded NHS body, theCCG expects high standards from all of theirstaff and, in line with the key principles of the constitution;the CCG aspire to the highest standards of excellence and professionalism in the people it employs, the education, training and development they receive and in the leadership and management of the organisation.

3.0 Application and Scope

3.1 This policy and procedure applies to all CCG staff, including secondees into and out of the organisation, volunteers, students, honorary appointees, trainees, contractors, and temporary workers, including locum doctors and those working on a bank or agency contract. This list is not exhaustive, but encompasses all that work for and on behalf of the CCG.

3.2The policy and procedure covers allegations made against staff in the course of their CCG duties and outside of this, including their private life and family home.

3.3Although managing safeguarding allegations against staff is required under the Children Act (1989 /2004),Working Together to Safeguard Children and Young People (2015) sets out expectations that all statutory organisations will have a procedure for managing allegations against staff.

4. Accountability

4.1 Nurse Director

BHRCCGs Nurse Director has overall accountability for ensuring allegations are dealt with in accordance with the London Child Protection Procedures 2015.

4.2 Head of Safeguarding

The Head of Safeguardingis theCCG nominated senior officer to manage allegations made against staff. All allegations must be reported to the Head of Safeguarding and in her absence, the Nurse Director should be contacted.

4.3 CCG staff

All staff must be familiar with referral procedures to protect achild at risk. The safety of the child or young person at risk is of paramount importance. Immediate action may be required to commence investigations and safeguard any other children and young people at risk.

5.0Considerations

5.1 There are three strands in consideration of an allegation:

  • Enquiries and assessment by children social care, about whether a child/young person at risk of harm or abuse, is in need of protection or in need of services.
  • A police investigation of a possible criminal offence.
  • Consideration of disciplinary action (including suspension).

5.2A Serious Incident report of the allegation against a healthcare or non-healthcare professional should be reported on the Strategic Executive Information System (STEIS). Available at

5.3Any action taken by the CCG to manage an allegation must not jeopardise any external investigations, such as a criminal investigation.

6.0Procedure

6.1 It is essential that every effort must be made to maintain confidentiality and manage communications while an allegation is being investigated.

6.2TheHead of Safeguarding/Nominated Senior Officer should:

6.2.1Ensure that a child protection referral is made (or has been made) to the relevant children social care team and where appropriate the police, using the multi-agency referral form. The referral must be put in writing to children social care by the individual reporting the concerns within 24 hours or in the event of a weekend the earliest opportunity of the next working day.

6.2.2Where the issue is in relation to safeguarding children, thenominated senior officer, will inform the Local Authority Designated Officer (LADO) within one working day when the allegation is made and prior to any further investigation taking place. The LADO will agree with the nominated senior officerof any information that needs to be shared with other geographical areas depending on where the staff member lives. Immediate issues of investigation and management of the CCG staff should be discussed and agreed at this time, including what information should be passed to the staff member concerned at this point.

6.2.3 The nominated senior officer should contact the Human Resource (HR) department for advice regarding the action to be taken in relation to the staff member. In conjunction with HR and the staff member’s line manager, decide whether suspension is appropriate during the period of investigation. HR will advise on the authority levels and process requirements for this action. HR will advise whether the CCGDisciplinary Policyis to be followed. HR advice will be pertinent to staff who are agency, secondees, or self-employed staff working on behalf of the CCG.

6.2.4Following notification to the LADO, children social care and/or the police if deemed necessary, a strategy planning meeting with the appropriate personnel will meet to decide how to manage the allegation. Designated professionals may also be invited, as a safeguarding expert.

6.2.5A checklist is provided in Appendix 1.

7.0 Strategy planning meeting.

7.1At this meeting the following issues should be considered;

a)Decide whether there should be a s47 enquiry and / or police investigation and consider the implications;

b)Consider whether any parallel disciplinary process can take place and agree protocols for sharing information;

c)Consider the current allegation in the context of any previous allegations or concerns;

d)Where appropriate, take account of any entitlement by staff to use reasonable force to control or restrain children in respect of teachers and authorised staff);

e)Consider whether a complex abuse investigation is applicable. Plan enquiries if needed, allocate tasks and set timescales;

f)Decide what information can be shared, with whom and when.

g)Ensure that arrangements are made to protect the child/ren involved and any other child/ren affected, including taking emergency action where needed;

h)Consider what support should be provided to all children who may be affected;

i)Consider what support should be provided to the member of staff and others who may be affected and how they will be kept up to date with the progress of the investigation;

j)Ensure that investigations are sufficiently independent;

k)Make recommendations where appropriate regarding suspension, or alternatives to suspension;

l)Identify a lead contact manager within each agency;

m)Agree protocols for reviewing investigations and monitoring progress by the LADO having regard to the target timescales;

n)Consider issues for the attention of senior management (e.g. media interest, resource implications);

o)Consider reports for consideration of barring;

p)Consider risk assessments to inform the employer's safeguarding arrangements;

q)Agree dates for future strategy meetings / discussions

7.2 A final strategy meeting / discussion / initial evaluation should be held to ensure that all tasks have been completed, including any referrals to the Disclosure and Barring Service (DBS) if appropriate, and, where appropriate, agree an action plan for future practice based on lessons learnt.

7.3 The strategy meeting / discussion / initial evaluation should take into account the following definitions when determining the outcome of allegation investigations:

1.Substantiated: there is sufficient identifiable evidence to prove the allegation;

2.False: there is sufficient evidence to disprove the allegation;

3.Malicious: there is clear evidence to prove there has been a deliberate act to deceive and the allegation is entirely false;

4.Unfounded: there is no evidence or proper basis which supports the allegation being made. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively they may not have been aware of all the circumstances;

5. Unsubstantiated: this is not the same as a false allegation. It means that there is insufficient evidence to prove or disprove the allegation; the term therefore does not imply guilt or innocence.

7.4 See Appendix 2 for child protection process flowchart

8.0Allegations against staff in their personal lives

8.1If an allegation or concern arises about a member of staff, outside of their work with children, and this may present a risk of harm to child/ren for whom the member of staff is responsible, the general principles outlined in these procedures will still apply.

8.2The strategy meeting / discussion should decide whether the concern justifies:

  • Approaching the CCG for further information, in order to assess the level of risk of harm; and / or
  • Inviting the CCG to a further strategy meeting / discussion about dealing with the possible risk of harm.

8.3If the member of staff lives in a different authority area to that which covers their workplace, liaison should take place between the relevant agencies in both areas and a joint strategy meeting / discussion convened.

8.4In some cases, an allegation of abuse against someone closely associated with a member of staff (e.g. partner, member of the family or other household member) may present a risk of harm to child/ren for whom the member of staff is responsible. In these circumstances, a strategy meeting / discussion should be convened to consider:

  • The ability and/or willingness of the member of staff to adequately protect the child/ren;
  • Whether measures need to be put in place to ensure their protection;
  • Whether the role of the member of staff is compromised.

9.0 Disciplinary process

9.1The nominated senior officer and the LADO should discuss whether disciplinary action is appropriate. The discussion should consider any potential misconduct or gross misconduct on the part of the member of staff

9.2In the case of supply, contract and volunteer workers, normal disciplinary procedures may not apply. In these circumstances, the nominated senior officer and the LADO should act jointly with the providing agency, if any, in deciding whether to continue to use the person's services, or provide future work with children, and if not, whether to make a report for consideration of barring or other action

9.3If formal disciplinary action is not required, the CCG should institute appropriate action within three working days.

9.4If a disciplinary hearing is required, and further investigation is not required, it should be held within 15 working days

9.5If further investigation is needed to decide upon disciplinary action, the senior officer and the LADO should discuss whether the CCG has appropriate resources or whether the CCG should commission an independent investigation because of the nature and/or complexity of the case and in order to ensure objectivity. The aim of an investigation is to obtain, as far as possible, a fair, balanced and accurate record in order to consider the appropriateness of disciplinary action and / or the individual's suitability to work with children. Its purpose is not to prove or disprove the allegation

9.6See Appendix 3 for disciplinary and suitability process flowchart

10.0 Disclosure and Barring Service (DBS)

10.1 The Disclosure and Barring Service (DBS) was established under the Protection of Freedoms Act 2012 and merges the functions previously carried out by the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA). The relevant legislation is set out in the Protection of Freedoms Act 2012

10.2If an allegation is substantiated and the member of staff is dismissed or the CCG ceases to use the member of staff service or the member of staff resigns or otherwise ceases to provide his/her services, the nominated senior officer should discuss with the LADO whether a referral should be made to the DBS.

10.3If a referral is to be made; it should be submitted within one month of the allegation being substantiated

11.0Record keeping

11.1 The nominated senior officer will have the responsibility for ensuring the following records are kept:

  • The nature of the allegation/concern.
  • Who was spoken to as part of the process and what statements/notes were taken and when.
  • Any records that were seen and reviewed.
  • What actions were considered and justification for specific decisions, including suspension and any actions taken under the NHS England Disciplinary Procedure.
  • What alternatives to actions were explored?
  • Minutes and actions of all meetings that take place.
  • The above information will be held until the staff reaches the age of 79 or 6 years after death, whichever is the longer period:

11.2 All records should be saved in a secure area and not on personal drives as they may need to be accessed, the folder should be restricted to certain personnel on the shared drive.

11.3 For these particular records;

  • Name the files appropriately.
  • Apply a retention period.
  • Save in an agreed area and apply security measures to the records as they contain personal information
  • Remember that emails can form part of records or can be seen as individual records, so if they are also a critical part of the investigation, they should also be securely stored in the file accordingly.

12.0Post Investigation Review

12.1 Following the completion of the initial investigation, the nominated senior officer will lead a review of the case and its actions.

12.2 Any recommendations from the review will be implemented and information disseminated to the appropriate people within the organisation and local safeguarding children forums.

12.3 As well as supporting the member of staff throughout the investigation, consideration must be paid to supporting the member of staff through integration back into the workplace should this be appropriate post-investigation. On-going support for the member of staff may be offered through occupational health.

13.0Monitoring

13.1 The Quality and Safety Group will monitor compliance of this policy, through the Head of Safeguarding.

13.2 The Head of Safeguarding is responsible for the monitoring, revision and updating of this policy. The Head of Safeguarding will act on behalf of the Nurse Director and will update the Nurse Director on its implementation.

13.3 This policy will be reviewed with regard to the implications of equality and diversity as required.

14References

  • The Children Act 1989
  • The Children Act 2004
  • Working Together to Safeguard Children March 2015
  • The London Child Protection Procedures 5th Edition 2015
  • The Care Act 2014
  • The Protection of Freedoms Act 2012
  • Disclosure and Barring Service
  • NHS EnglandDocument and Records Management Policy 2014

Appendix 1

Record keeping Checklist

The Nominated Senior Officer will have the responsibility for ensuring that records are kept throughout the investigation of the allegation/concern. This checklist reflects the information needed, but this is not exhaustive:-

The nature of the allegation/concern.

Who was spoken to and when as part of the process and what statements/notes were taken.

What records were seen and reviewed.

Why specific decisions/actions were taken, including suspension and any actions taken under the CCG Disciplinary Procedure.

What alternatives to actions were explored

Minutes and actions of all meetings that take place.

The above information will be held until the employee reaches the age of 79 or 6 years after death, whichever is the longer period