MULTI-AGENCY PROTOCOL AND PRACTICE GUIDANCE

RESPONDING TO CONCERNS OR ALLEGATIONS OF ABUSE MADE AGAINST ADULTS WHO WORK WITH CHILDREN AND YOUNG PEOPLE

Contents Page

Section One – Overview

1.Introduction4

2.Statutory Framework4

3.The scope of this protocol5

4.Threshold for Implementation of this Protocol6

5.All agencies responsibilities7

Section Two – General Considerations

6.False allegations10

7.Access to Advocacy10

8.Exercising professional judgement10

9.Allegations against staff in their personal lives10

10.Objectivity11

11.Persons to be notified11

12.Confidentiality and Information Sharing12

13.Informing the individual12

14.Informing parents / carers and children13

15.Sharing information arising from an investigation13

16.Internal disciplinary Investigations14

17.Whistle-blowing14

18.Support14

19.Suspension15

20.Resignations and ‘compromise agreements’16

21.Target Timescales16

22.Monitoring16

23.Record keeping17

24.Complex Abuse17

25.Cross Border Working18

Section Three – Process

26.Allegations / concerns process flowcharts19

27.Initial action by person receiving an allegation or concern20

28.Initial action by the designated senior manager20

29.Making a referral20

30.Strategy Discussion21

31.Decision Making by the Designated Children’s Services22

Manager (DCSM)

32.Communicating decisions of the DCSM to other agencies22

33.Point of contact for Education and Schools22

34.Point of contact for Health23

35.Section 47 enquiries23

36.Professional Strategy meeting23

37.The organisation of the professional strategy meeting24

38.Attendance at Professional Strategy Meetings24

39.Reports to the Professional Strategy Meeting24

40.Investigation Outcome Strategy Meeting24

41.Criminal and disciplinary Proceedings26

42.Communication of Outcomes27

43.Disclosure and Barring Service (DBS)28

44.Learning Lessons29

45.Procedures in Specific Organisations29

Section Four – Specific Situations:

46.Allegations relating to specific settings29

Section Five – Appendices

Appendix 1: Professional strategy meeting agenda

Appendix 2: Professional strategy meeting response letter

Appendix 3: Suspension template

Appendix 4: When an allegation has been made about you for everybody who works with children

Appendix 5: A guide for a child or young person who has made an allegation of abuse against an adult who works with them

Appendix 6: A guide for parents / carers of a child or young person who has made an allegation of abuse against an adult who works with the child or young person

Section one – Overview

  1. Introduction

Experience shows that children can be victims of abuse and exploitation by those who work with them in any context. They may be vulnerable in all organisational settings including social care, education, health, the leisure industry and in faith communities.

Safeguarding Children: Working Together Under the Children Act 2004 (hereafter referred to as‘Working Together’) requires that “Safeguarding Children Board member agencies and other organisations that provide servicesfor children, or provide staff or volunteers to work with or care forchildren, should operate a procedure for handling such allegations thatis consistent with this guidance (Safeguarding Children: Working Together Under the Children Act 2004 (WAG, 2006)2.2)

The need for safeguarding and safer recruitment arose from the findings of the Bichard report (2004) in response to the Soham case. The report states that ‘for those agencies whose job it is to protect children and vulnerable people, the harsh reality is that if a sufficiently devious person is determined to seek out opportunities to work their evil no one can guarantee that they can be stopped. Our task is to make it as difficult as possible for them to succeed …………’ Bichard Inquiry Report (2004) p12 para79

Dealing with an allegation that a professional, staff member, foster carer or volunteer has abused a child or young person is difficult, but must be taken seriously and dealt with carefully and fairly.

This document sets out the South East Wales Safeguarding Children Board (SEWSCB) guidance for the management of allegations of abuse made against adults working with children. This procedure does not replace either WorkingTogether or the All Wales Child Protection Procedures (2008) but by complementing & strengthening them it provides the detailed local procedure for the management of investigations. It does not replace or take priority over any aspect of employment law.

  1. Statutory Framework

Working Together provides guidance about how to manage allegations against adults working with children and young people. It provides a framework for managing a wider range of allegations than those in which there is a reasonable cause to believe a child is suffering, or is likely to suffer, significant harm. It also covers allegations that might indicate that a person is unsuitable to continue to work with children in his or her present position, or in any capacity.

Working Together states that:

  • Safeguarding Children Boards (SCBs) have responsibility for ensuring there are effective inter-agency procedures in place for dealing with allegations against people who work with children and in monitoring and evaluating the effectiveness of those procedures.

The All Wales Child Protection Procedures provide common standards to guide child protection practice for every Safeguarding Children Board in Wales. They provide a framework within which individual child protection referrals, actions, decisions and plans are made and carried out. The procedures clarify how individuals and agencies should communicate and work together effectively in partnership in order to identify vulnerable children, keep them safe from abuse and neglect, and, improve outcomes for them.

  1. The Scope of this protocol

The purpose of this protocol and practice guidance is to support agencies to deal appropriately with any allegations of abuse and to ensure that all allegations of abuse made against staff or volunteers working with children and young people are dealt with in a fair, consistent and timely manner.

This protocol sets out the process to be followed by agencies when responding to allegations against adults who work with children and young people, including the thresholds for implementation of the protocol and guidance regarding appropriate timescales for investigation.

This protocol will also address how these allegations are recorded and the reporting mechanism to ensure that the SEWSCB can monitor and review the effectiveness of this process.

Reference to children within this document is intended to include any one who has not yet reached their 18th birthday.

For the purposes of this protocol, the definition of ‘work’ is significantly widened and intended to include the following:

  • Those in paid employment, including temporary, casual, and agency staff
  • Individuals undertaking unpaid voluntary work.
  • Individuals who are self-employed and work directly, or are contracted to work, in the provision of services to children.

A useful test for deciding upon the applicability of this protocol is to consider whether the individual subject to the allegation or concern, occupies a position of trust.

A 'position of trust' is one in which a teacher or other member of staff / volunteer is in a position of power or influence over a child, by virtue of the work or nature of activity being undertaken. The Crown Prosecution Service sets out detailed definitions and a range of criminal offences associated with abuse of such a position.

This protocol and guidance is principally underpinned by three key documents

  • All Wales Child Protection Procedures 2008
  • Safeguarding Children: Working Together Under the Children Act 2004 (Welsh Assembly Government, 2007)
  • Safeguarding Children and Safer Recruitment in Education (2006) – Chapter 5

This protocol is binding upon all agencies that are members of the South East Wales Safeguarding Children Board. SEWSCB member agencies will be expected to have in place their own internal procedures for the investigation of such allegations to ensure that they are compliant with the process outlined in this document

  1. Threshold for Implementation of this Protocol

Specifically, the question should be asked as to whether the allegation or concern possibly meets any one of the following thresholds:

Has a person:

  • 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 are unsuitable to work with children.

These behaviours should be considered within the context of the four categories of abuse:

  • Physical Abuse
  • Sexual Abuse
  • Emotional Abuse
  • Neglect

Additionally this protocol may be used:

  • If there are concerns about the person’s behaviour towards their own children, or;
  • If there are concerns about the person’s behaviour towards children unrelated to their employment or voluntary work, and there has been a recommendation from a strategy discussion that consideration should be given to the risk posed to children they work with, or;
  • When an allegation is made about abuse that took place some time ago and the accused person may still be working with, or having contact with children.

If concerns arise about a person’s behaviour with regard to their own children, Police and/or Children’s Services will need to consider informing the person’s employer in order to assess whether there may be implications for children with whom the person has contact at work.

There may be occasions where there is a difference of opinion between agencies as to whether the threshold for a professional strategy meeting has been met. In these instances, agencies should refer to the South East Wales Safeguarding Children Board Multi-Agency Practice Guidance Resolving Professional Differences.

  1. All Agencies’ Responsibilities

Safeguarding children is everybody’s responsibility. All employers have a responsibility to set personal and professional boundaries for their staff and to be explicit about what behaviour is unacceptable and will impact on their employment.

All organisations, establishments and professional groupings that work or have contact with children and families should have their own procedures for the management of allegations against staff and professionals, and for whistle blowing.

The procedures should be compliant with the All Wales ChildProtection Procedures and should reflect the following underlying principles:

  • The welfare of the child is paramount;
  • Adults about whom there are concerns should be treated fairly and honestly and should be provided with support;
  • It is the responsibility of all adults to safeguard and promote the welfare of children and young people. This responsibility extends to a duty of care for those adults employed, commissioned or contracted to work with children and young people.

It is important that all individuals who work with children and young people are aware of these procedures within their organisation or setting and know where to access them should the need arise. The procedure should be clearly understood by all those who are ‘employed’ and it should feature prominently in staff induction, training, and commissioning arrangements.

A failure to report an allegation or concern in accordance with the following procedures is a potential disciplinary matter.

Designated Person

A key element of the procedure should be the identification of a Designated Person(DP) within all organisations to whom all allegations or concerns should be reported. A deputy designated person should also be identified, in case of the unavailability of, or an allegation being made against, the designated person.

Responsibilities of the Designated Person will include:

  • Ensuring that this procedure and guidance is appropriately applied and implemented within their organisation;
  • Being the senior person within the organisation to whom allegations or concerns are reported;
  • Providing advice, information and guidance for staff within the organisation;
  • Referring allegations in accordance with this procedure and their organisation’s internal procedure;
  • Gathering any additional information which may have a bearing on the allegation, for instance: previous concerns, care and control incidents and so on; (Ensuring that you or no other member of staff participates in an investigation of the allegation). The role of the DP is to gather, record and clarify details to add to the referral – not to investigate;
  • Providing the subject of the allegation with information and advising them to inform their union or professional body; (Seeking guidance and support from Police and or Children’s Services. This may be required to take place after the Initial strategy discussion has taken place);
  • Attending Strategy Meetings where required;
  • Liaising with the Designated Children’s Services Manager (DCSM);
  • Liaising with Human Resources if appropriate;
  • Ensuring that risk assessments are undertaken where and when required;
  • Ensuring that effective reporting and recording systems are in place which allow for the tracking of allegations through to the final outcome;
  • Undertaking appropriate checks with data held by their organisation;
  • Ensuring appropriate training programmes are in place and accessed by all staff;
  • Ensuring relevant support programmes are in place for staff, parents and young people;
  • Raising the awareness of the need to empower children and young people by ensuring their agency produces good whistle-blowing and complaints procedures;
  • Should the allegation be unfounded, give consideration to a referral either to Children Services or the police if the allegation is deemed to be deliberately malicious or invented;
  • Ensuring that confidentiality is maintained at all times and information may be required to be shared on a strictly need to know basis.

Named Senior Officer

Member organisations of the SEWSCB must appoint a Named Senior Officer (this could be the Designated Person or not) whose responsibilities include:

  • Ensuring that their organisation complies with the standards and procedure outlined in this document;
  • Ensuring that this procedure is reflected and implemented within their own agency procedure;
  • Ensuring that their workforce is aware of and implements the procedures regarding allegations against adults who work with children and young people;
  • Ensuring that their organisation has effective reporting and recording arrangements are in place;
  • Ensuring that their organisation has systems in place to review cases and identify and then implement any changes which would improve both procedures and practice;
  • Resolving any inter-agency issues which impede the implementation of the SEWSCB procedure.

Police:

The Police Detective Inspector on each child abuse investigation team will:

  • Have strategic oversight of the local police arrangements for managing allegations against staff and volunteers;
  • Liaise with the SEWSCB on any issues arising from a Police perspective;
  • Ensure compliance.

The Police should designate a Detective Sergeant/s to:

  • Liaise with the Designated Children’s Services Manager (DCSM);
  • Take part in strategy meetings / discussions;
  • Review the progress of cases in which there is a police investigation;
  • Share information as appropriate, on completion of an investigation or related prosecution.

Education:

Schools and other education settings should also read this guidance alongside :

  • Chapter 5 of Safeguarding Children and Safer Recruitment in Education (DfES 2006 and Safeguarding Children in Education 2008)
  • Welsh Government guidance – Disciplinary and dismissal procedures for school staff (revised guidance for governing bodies).

These documents contain information dealing with allegations of abuse made against teachers and other education staff.

Designated Children’s Services Manager (DCSM)

Local authorities should designate a Manager (referred to as DCSM throughout this document) who is expected to take a critical role in terms of having oversight and input into the management of individual cases.

Responsibilities of the DCSM include:

  • Chairing professional strategy meetings;
  • Being involved in the management and oversight of individual cases;
  • Providing advice and guidance to employers and voluntary organisations;
  • Liaising with the police and other agencies;
  • Monitoring the progress of cases to ensure they are dealt with within agreed timescales;
  • Ensuring a consistent and thorough process for all adults working with children and young people against whom allegations are made;
  • Maintaining information databases in relation to all allegations;
  • Producing qualitative and quantitative reports for the SEWSCB
  • Coordinating and collating reports to provide information to the SEWSCB and the Department for Education;
  • Liaising as necessary with chairs of Strategy Meetings or attending/chairing Strategy Discussions/Meetings;
  • Contributing to SEWSCB training programmes and awareness-raising across the children’s workforce;
  • Discussing with Senior Managers the possibility of referral to the Disclosure and Barring Service (DBS) for inclusion of the person on the Children's Barred List or to the appropriate Regulatory Authority.

Section Two - General Considerations

  1. False allegations

False allegations are rare and may be a strong indicator of abuse taking place elsewhere in a child/young person’s life, which require further exploration. If an allegation is demonstrably false, the employer, in consultation with the DCSM/Chair of the Strategy meeting, should consider referring the matter to Children’s Services to determine whether the child is in need of services or may have been abused by someone else.

If it is established that an allegation has been deliberately invented, the Police should be asked to consider what action may be appropriate.

  1. Access to Advocacy

Children and young people should be advised of their right to be supported by an independent advocate to enable their voice to be heard throughout the process. Details of independent advocacy services and how to access them should be provided to children and young people by their Social Worker at the earliest appropriate point after referral.

  1. Exercising professional judgement

Throughout the process for managing allegations or concerns, senior managers will need to exercise their professional judgement. Making such judgements about someone’s behaviour is a difficult and complex process. Therefore it is important that managers:

  • consult appropriately;
  • acknowledge any lack of expertise or information;
  • keep an open mind until a conclusion is reached;
  • know and act in accordance with the law;
  • know and apply appropriate procedures;
  • consider appropriate guidance;
  • take account of all relevant factors;
  • give each factor appropriate weight;
  • apply the duty of care;
  • consider other options or alternatives (i.e. when threshold has not been met, consideration could be given to instigating internal investigations or procedures such as training).
  1. Allegations against staff in their personal lives

If an allegation of abuse or neglect of a child, outside of the work environment, is made against a person known to be working with children in a paid or voluntary capacity, and gives cause for concern about the children with whom they have contact during the course of their work, the Children’s Services Social Work team and the DCSM should be advised and this procedural guidance will apply.