The Safeguarding Policy of HIT Training for all assessors Safeguarding Policy Policy Statement HIT Training Ltd is strongly committed to practices that protect children, young people and vulnerable adults from abuse, neglect or significant harm. Staffs recognise and accept their responsibility to develop the awareness of the risks and issues involved in safeguarding. The company also recognises that it has a responsibility to protect staff from unfounded allegations of abuse.
The company is committed to working with existing local safeguarding or adult safeguarding Boards and other health and social care partnerships to ensure the safeguarding of its learners. The company will ensure it has one nominated person the Operations Director who has attend the Designated Training workshop delivered by LSIS and the Operations Director will have responsibility for the development and discharge of any HIT Training Ltd procedures in conjunction with Safeguarding.
HIT Training Ltd will ensure that there are sufficient in-house trainers to deliver safeguarding awareness training and all staff will be timetabled to attend such training events Definition For the purposes of this policy and procedure children are defined in the Children Act of 1989 as a person under the age of 18 years. The Safeguarding Vulnerable Groups Act 2006 defines a ‘vulnerable adult’ as a person aged 18 and over and; ? ? ? ? ? receiving a social care service receiving a health service living in sheltered accommodation detained in custody or under a probation order requiring assistance in the conduct of his/her affairs receiving a service or participating in an activity targeted at older people, people with disabilities or with physical or mental health conditions Accountability and Responsibility HIT Training Ltd has 3 trained Safeguarding Facilitators able to deliver training and Regional Managers will be responsible for ensuring all their staff undergo the required training and follow the HIT Training Ltd safeguarding policies and procedures.
The Operations Director will act as the Safeguarding Designated person and they will be accountable to the Chief Executive and Board. Incidents or concerns are reported at local level to Managers and escalated to the Operations Director. As per the procedure outlined in documents 314 and 382 in the HIT Quality Manual The Operations Director is responsible for monitoring and managing incidents or concerns, maintaining the single annual report and liaising with safeguarding agencies. The HIT Training Ltd Board is responsible for responding to an annual report on safeguarding within the company. © Hit Training Ltd 2011
Page 1 of 14 Safeguarding Policy 212 Safeguarding Policy (212) Roles and Responsibilities of the designated person This responsibility will be in addition to their existing or main roles and responsibilities. ? ? ? ? ? ? ? ? The designated worker will take responsibility for promoting positive safeguarding procedures and practice within the organisation. They will receive information from, and offer advice to, staff, volunteers, children and young people, vulnerable adults, parents and carers about concerns relating to vulnerable adult or child protection issues and maintain secure records of this information.
They will assess this information promptly and take appropriate action. They must be familiar with national and local safeguarding legislation and guidance, with procedures for referral to the local authority’s children’s or adult’s services and police procedures for investigating abuse of children and vulnerable adults. They must know how to contact, and establish links with your Local Safeguarding Children Boards and the relevant people within children‘s and adult services or police.
They will assess the safeguarding development needs of all staff and volunteers and coordinate the training. They will keep all staff and volunteers informed of good practice and new legislation and guidance. They will monitor the number of safeguarding concerns; keep confidential records of their disposal and feed back to the organisation on the quality of their safeguarding work. Training The company has a duty to promote safeguarding issues and measures to staff and ensure they: ? ? ? Analyse their own practice against established good practice, and assess risk to ensure their practice is likely to protect them from false allegations Recognise their responsibilities and report any concerns about suspected poor practice or possible abuse Follow the guidelines for staff Undertake annual training on safeguarding to raise awareness of current issues and legislation The company delivers Safeguarding workshops throughout the year and in the selection process, guidelines should be followed in terms of accompanying prospective staff and site visits.
At induction, all staff should receive the Safeguarding policy, or be shown where to access the policy on Google docs Criminal Record Bureau Checking The company has a responsibility to ensure safe recruitment and employment practices.
New and existing staff who frequently or intensively work with children, young people and vulnerable adults in training, supervision, care, advice, treatment and transport have to be checked through the Home Office for criminal record information: this is undertaken at HIT and coordinated by our personnel administrator Our recruitment and selection process advises all applicants that their recruitment is subject to a satisfactory enhanced CRB check.
In February 2009 the new Independent Safeguarding Authority (ISA) reformed all current vetting and barring practices: these have been subsequently reviewed and relaxed, and are subject to further changes. © Hit Training Ltd 2011 Page 2 of 14 Safeguarding Policy 212 Safeguarding Policy (212) The Operations Director has responsibility for ensuring HIT Training Ltd is compliant with all necessary legislation, regulations and practices in this area.
Further information can be found on the CRB websites and ISA websites and inter-agency guidelines Relevant legislation The Safeguarding Vulnerable Groups Act 2006 contains the legislation to create two new Barred Lists. These are: • • a list of people barred from working with children (replacing List 99, the Protection of a list of people barred from working with vulnerable adults (replacing the Protection of Children Act (POCA) list and disqualification orders); and Vulnerable Adults Scheme (POVA list).
Relevant Legislation Human Rights Act 1998 The Human Rights Act 1998 mostly came into force in October 2000. The aim of the act is to give further effect in UK law to the rights contained in the European Convention on Human Rights. The act contains articles relevant to safeguarding, such as: ? ? ? Article 3 – no one shall be subjected to torture or to inhuman or degrading treatment or punishment. Article 5 – the right to liberty and security of person. Article 8 – the right to respect for private and family life.
United Nations Convention on the Rights of the Child (Ratified by the UK in 1991) Despite the UK’s ratification of this convention, it is not incorporated as a whole into UK law. However, many of the key elements of the convention are incorporated into various pieces of legislation such as those outlined here. The UNCRC defines a child as under 18. Safeguarding Vulnerable Groups Act 2006 The primary aim of this act in respect of HIT personnel is that all HIT personnel ensure they safeguard themselves against harm and maintain a level of professional conduct that will reduce the potential for any false allegations of inappropriate conduct.
In respect of all our learners’ the Safeguarding Act requires HIT personnel to be vigilant in terms of identifying and preventing harm to any individual; responding and acting on disclosures to an agreed process and advising all pertinent Stakeholders of their responsibilities in terms of the Safeguarding agenda. © Hit Training Ltd 2011 Page 3 of 14 Safeguarding Policy 212 Safeguarding Policy (212) Children Act 1989 This piece of legislation is fundamental to professionals working with children and young people.
It states that the welfare of the child is paramount, which means that decisions made by all those working with children must always be in the interests of the child or young person (defined by the act as under 18 years old) and their welfare. The Children Act 1989: ? ? ? Makes provision for local authority services for children in need and others. Amends the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations. Makes provision with respect to fostering, child minding and day care for young children and adoption, and for connected purposes.
Part V of the act relates to the protection of children and outlines the statutory duty that only the police, local authority children’s services and the NSPCC can investigate allegations or concerns about child abuse. It also puts duties on statutory agencies to cooperate in the interests of vulnerable children. Education Act 2002 Section 175 places a duty on local authorities, maintained schools and further education institutions including sixth form colleges, to carry out their function with a view to safeguarding and promoting the welfare of children and young people.
Section 157 places the same duty on independent schools, including academies and technical colleges. Children Act 2004 Section 10 places a duty on each local authority to make arrangements with relevant agencies to cooperate to improve the well-being of children (i. e. people under the age of 18). Section 11 gives a range of organisations, including local authorities, the police and health services, the duty to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children.
Rehabilitation of Offenders Act 1974 This Act protects ex-offenders from discrimination due to their criminal history by allowing them not to declare convictions to employers. However, those working with children and vulnerable adults are exempt from this legislation and must declare all past convictions and cautions when applying for a position. © Hit Training Ltd 2011 Page 4 of 14 Safeguarding Policy 212 Safeguarding Policy (212) Sexual Offences Act 2003 This act updates previous legislation which criminalises certain behaviour towards children as sexual offender.
It also introduces the offence of abuse of trust, where someone in a caring or authoritative professional position with a young person or vulnerable adult who begins a sexual relationship with that person is committing an offence. Safeguarding Children and Safer Recruitment in Education 2007 This guidance document is a consolidated version of earlier guidance material. It looks at the recruitment and selection processes, recruitment and vetting checks, and duties for safeguarding and promoting the welfare of children in education.
Safeguarding and equality In the overall context of providing a safe environment in which to learn, equality legislation, and related provider level equality and diversity policies are a powerful additional resource to set alongside Safeguarding legislation and policy. Equality laws and policies both reinforce aspects of safeguarding – e. g. in areas such as bullying and harassment, and regulate how safeguarding policy and practice is implemented. Further information Further information on all aspects of equality legislation can be obtained from: www. qualityhumanrights. com Statutory Framework HIT Training Ltd aims to meet legislative requirements and good practice in safeguarding. The statutory framework under which we operate includes the Children Act 1989. This provides the legal framework for the protection of children and young people in the UK. The Protection of Children Act 1999 requires employers to carry out Criminal Record Check before employees are allowed to come into contact with children.
The Safeguarding Vulnerable Groups Act 2006 sets out the type of activity in relation to children and vulnerable adults for which employers and individuals will be subject. From 2008 Ofsted inspectors make a judgement on procedures for safeguarding learners meeting current government requirements. They comment on policy, procedures, vetting and training as impact on learners dictates. Review HIT Training Ltd’s Safeguarding Policy is reviewed annually and its provisions monitored by the Board.
The review process includes analysis of monitoring data, consultation with and feedback from learners, clients, staff and other stakeholders to determine the impact of the policy and any action required. © Hit Training Ltd 2011 Page 5 of 14 Safeguarding Policy 212 Safeguarding Policy (212) Relevant Documents This policy and procedure should be read in conjunction with documents 314 and 382 and the Safeguarding handouts issued at the workshops and any subsequent updates
Annex 1 Safeguarding Children and Vulnerable Adults – a quick guide for staff It is important that children, young people and vulnerable adults are protected from abuse, neglect or significant harm. It is the responsibility of all HIT Training Ltd employees to safeguard and promote the welfare of children, young people and vulnerable adults participating on HIT training programmes and activities. Employees should report any allegations or concerns regarding the Welfare of these groups using the following guidelines What is abuse and when is a person at risk………..
For children and young people this includes: ? ? ? physical abuse which may involve hitting, shaking, throwing, poisoning, burning, scalding, drowning, suffocating or otherwise causing physical harm emotional abuse which is the persistent emotional maltreatment so as to cause severe and persistent adverse effects on their emotional development sexual abuse which involves forcing or enticing a child or young person to take part in sexual activities, including prostitution, whether or not the child/young person is aware of what is happening ? eglect consisting of the persistent failure to meet a child’s or young person’s basic physical and/or psychological needs, which is likely to result in the serious impairment of their health or development For vulnerable adults abuse can mean: ? ? physical abuse including hitting, slapping, punching, kicking, misuse of medication, restraint or inappropriate sanctions sexual abuse including rape, sexual assault, or sexual acts to which the victim has not consented, could not consent to or was pressurised into consenting to ? sychological abuse including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, verbal abuse, isolation, or withdrawal of services or supportive networks ? discriminatory abuse including racist, sexist, religious abuse or abuse that is based on a person’s disability © Hit Training Ltd 2011 Page 6 of 14 Safeguarding Policy 212 Safeguarding Policy (212) ? financial abuse including fraud, exploitation, pressure in connection with wills, property, inheritance or financial transactions or the misuse or misappropriation of property, possessions or benefits ?
What to do if……… A young person or vulnerable adult discloses abuse to you Take the disclosure seriously and never dismiss the allegation of abuse. Provide a quiet and supportive environment to help the person feel at ease. Remember that an allegation of abuse or neglect may lead to a criminal investigation and asking leading questions or attempting to investigate the allegations yourself may cause problems for any subsequent court proceedings. Do not make promises regarding confidentiality.
Explain to the person at the outset that you will need to report the disclosure and share the information with the respective HIT Manager (your Line Manager1) and Operations Director, who is the designated Safeguarding person. Report the disclosure to the respective Line Manager immediately by telephoning their mobile number and complete the safeguarding form within 24 hours of hearing the complaint (please refer to document 382) The Operations Director/Safeguarding Officer will, where possible: ? espect the wishes of the individual; however, information will be shared with external agencies where it is judged that a person is at risk of suffering significant harm. ? keep in contact with the young person and or vulnerable adult and reporting personnel where it is agreed this is an acceptable course of action to ensure that our Duty of Care is fulfilled. What to do if……… You are concerned a young person or vulnerable adult may be at risk ? Contact your manager for advice and guidance, they will advise you to contact the Operations Director or Development Director.
If you cannot contact your Manager, contact the designated person direct ? Make and keep a record of your concerns on document 314 (the Safeguarding report) and forward to the Regional Manager and Operations Director (in the absence of the Operations Director contact the Development Director) within 24 hours ? Discuss your concerns with the young person if appropriate neglect including ignoring physical or medical care needs, failure to provide access to appropriate services or the withholding of necessities of life Note you need only share basic information with your LM and you can provide a more detailed account to the Designated person, if you feel more comfortable with doing this © Hit Training Ltd 2011 Page 7 of 14 Safeguarding Policy 212 Safeguarding Policy (212) What to do if……… A young person or vulnerable adult accuses you or another member of staff of abuse ? ? Contact your manager for advice and guidance.
The Manager should contact the Designated persons Make and keep a record of the accusation and actions taken and forward to the Regional Manager and Operations Director within 24 hours It is important that all new staff on induction are advised of the code of conduct and the Safeguarding policy. New staff should be booked onto the next available Safeguarding workshop. Dates for the workshop can be found on the HIT calendar on Google Docs Annex 2 Safeguarding Code of Behaviour – for All Staff Conduct to be avoided ? Staff should not spend excessive amounts of time alone with children and vulnerable adults, away from others. Private Meetings or meetings off-site (away from the workplace or HIT Training premises) with individual children and vulnerable adults should be avoided or take place within sight of others. ? ? If privacy is needed, the door should remain open and other staff or should be aware of the meeting. Staffs are advised not to make unnecessary physical contact with children and vulnerable adults. However, there may be occasions when physical contact is unavoidable, e. g. roviding comfort at times of distress. In all such cases contact should only take place with the consent of the child or vulnerable adult and where possible is best avoided ? Staff should not meet children and vulnerable adults outside of the work environment or at the learners’ private address. If meetings do have to take place outside of the workplace and it is not possible to use a HIT Training premises, a public venue should be selected such as a Library ? Staff should not start an investigation or question anyone after an allegation or concern has been raised. This is the job of the authorities.
You should record the facts and report these to the Designated person ? Staff should never Initiate or engage in sexually provocative conversations or activity Allow the use of inappropriate language to go unchallenged Do things of a personal nature for children and vulnerable adults that they can do themselves © Hit Training Ltd 2011 Page 8 of 14 Safeguarding Policy 212 Safeguarding Policy (212) Allow any allegations made by a child or vulnerable adult go without being reported and addressed Trivialise or exaggerate child or vulnerable adult abuse issues Make promises to keep any disclosure confidential from relevant authorities.
Staff should not show favouritism to any one child or vulnerable adult, nor should they issue or threaten any form of physical punishment. Areas of practice where careful consideration and guidance from Line Manager is required ? Travelling with children and vulnerable adults alone in a car or van however short the journey. Where this is unavoidable, it should be with the full knowledge and consent of the parents (or guardians) for learners under the age of 18, Line Managers will always need to be advised if you are intending to take any learner as a passenger in your car or van.
Using a car over a van is preferable, as the child or vulnerable adult can be advised to sit in the back seat Expected Staffs behaviours ? Staff must respect children and vulnerable adults’ rights to privacy and encourage children and vulnerable adults to feel comfortable enough to report attitudes or behaviour they do not like ? Staff will be expected to act with discretion with regards to their personal relationships. They should ensure their personal relationships do not affect their leadership role within the organisation.
All pre-existing relationships between staff and children and vulnerable adults must be declared ? All staff should be aware of the procedures for reporting concerns or incidents, and should familiarise themselves with the contact details of the Designated person (The Operations Director) and the Deputy Designated person (The Development Director) ? If a member of staff finds himself or herself the subject of inappropriate affection or attention from a child or vulnerable adult, they should make others aware of this. If a member of staff has any concerns relating to the welfare of a child or vulnerable adult in their care, be it concerns about actions/behaviours of another staff member or concerns based on any conversation with the child or vulnerable adult; particularly where the child or vulnerable adult makes an allegation, they should report this to their respective Regional Manager who will in turn report it to the Operations Director. ? If a member of staff has been involved in an incident either within work or outside of normal work activities that could be construed as a potential Hit Training Ltd 2011 Page 9 of 14 Safeguarding Policy 212 Safeguarding Policy (212) Safeguarding issue, they should advise their Line Manager immediately, who in turn should report this information to the Designated person Procedure for responding to an allegation of child abuse Recognition This procedure must be followed whenever an allegation is made that a child or vulnerable adult has been abused or when there is a suspicion that a child or vulnerable has been abused or such information has been disclosed Respond Do not make promises regarding confidentiality.
Explain to the person at the outset that you will need to report the disclosure and share the information with respective Line Manager and the designated Safeguarding person, the Operations Director. The Operations Director will, where possible, respect the wishes of the individual; however, information will be shared with external agencies where it is judged that a person is at risk of suffering significant harm. Report The respective Line Manager and Designated person should be advised of any matter that could be regarded as a Safeguarding issue.
The Line Manager should be advised either in person or by phone as soon as possible. The designated person should also be contacted by phone; e-mails to communicate such information should be avoided Record A record of the incident or concern should be made in writing. If the complainant is the child or vulnerable adult him/herself, questions should be kept to the minimum necessary to understand what is being alleged and leading questions should be avoided. The use of leading questions can cause problems for the subsequent investigation and court proceedings. The record should focus on the facts.
Refer The Operations Director/Development Director will decide if the matter needs to be reported to an external agency (Adult or Children Safeguarding Boards or the Local Authority and in most cases it should only be the Designated or Deputy designated person that makes a referral. The Designated person can also seek advice from external agencies in terms of whether a referral should be made In the event that neither the Designated or Deputy designated person are not available, the person receiving the disclosure could refer to an external agency, but this is only in exceptional circumstances .
The matter will be reported over the telephone to the duty social worker (or such other person as required by the local Area Child Protection Committee (ACPC) procedures or the © Hit Training Ltd 2011 Page 10 of 14 Safeguarding Policy 212 Safeguarding Policy (212) Adult equivalent). In the unlikely event that social services cannot be reached the designated person can contact the relevant police child protection team for the area.
A written record of the report will be retained by the Operations Director/Designated person. The written record will note the date and time of the report and must include the name and position of the person to whom the matter is reported. The Operations Director should discuss with the Social Services Department what action will be taken to inform the parents/guardian of the child or vulnerable adult and a note of that conversation should be made.
In any inter-agency meeting, the designated person will also retain a record of the meetings and any agreed actions and all correspondence will be securely maintained Allegations against a Member of Staff In the event there is any suspicion, allegation or apparent abuse of a child or vulnerable adult by a member of staff the matter should be reported to the respective Regional Manager, who should report this to the Designated or Deputy Designated persons.
In the absence of the designated persons one of the other Executive Directors should be contacted On being notified of any such matter the designated persons and/or member of the Executive Directors shall: ? ? ? ? ? ake such steps as they consider necessary to ensure the safety of the child or vulnerable adult in question liaise with the person who reported the original concern and ensure that a report of the matter is completed report the matter to the local social service department in accordance with the procedure set out above if not already done so notify the HIT Training Ltd CEO Subject to the outcomes of any investigation and disciplinary reviews, HIT can report an individual to ISA If a member of the Regional Management team or Executive team is the subject of the allegation or complaint the matter must be reported to the designated person direct.
If the allegation or complaint involves the designated person, the report must be directed to the Deputy Designated person. If a complaint has been made against the HIT Training CEO the matter must be reported to the Non-Executive Director. All staff should be aware of the fact that allegations may be made against them, and that the allegation may have grounds for substantiation or not. Any such notification may result in immediate suspension of the member of staff, and may result in the application of the company’s disciplinary procedure where it is considered appropriate. © Hit Training Ltd 2011 Page 11 of 14 Safeguarding Policy 212 Safeguarding Policy (212)
HIT Training Safeguarding contacts Designated person~ Sara Goldie Operations Director sara. [email protected] co. uk Deputy Designated person ~ Linda Martin Development Director linda. [email protected] co. uk Executive Team ~ Jill Whittaker – Finance Director Jill. [email protected] co. uk John Hyde – CEO John. [email protected] co. uk Non-Executive Director – Stewart Segal Stewart. [email protected] co. uk Regional Managers London Regional Manager East Regional Manager Midlands Regional Manager West Regional Manager adele. [email protected] co. uk ann. [email protected] co. uk sophie. [email protected] co. uk mike. [email protected] co. uk South East Regional Manager lester. [email protected] co. uk
Annex 3 Notes for procedures for managing allegations against people who work with children where external agencies are involved and where an investigation is in place 2 The framework for managing cases set out in the inter-agency guidance applies to 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 caters for allegations that might indicate that the alleged perpetrator is unsuitable to work with children in his or her present position, or in any capacity. It should be used in respect of all cases in which it is alleged that a person who works with children 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; or behaved towards a child or children in a way that indicates s/he is unsuitable to work with children
Note there may be up to three strands in the consideration of an allegation, these being: ? a police investigation of a possible criminal offence 2 Working together to Safeguard children 2010 Appendix 5 © Hit Training Ltd 2011 Page 12 of 14 Safeguarding Policy 212 Safeguarding Policy (212) ? ? enquires and assessment by children’s social care about whether a child is in need of protection or in need of services consideration by an employer of disciplinary action in respect of the individual The same process should also be followed for vulnerable adults Confidentiality Every attempt should be made to maintain confidentiality and guard against publicity while an allegation is being investigated/considered.
In accordance with ACPO (child protection guidelines and regulations or AVPO (vulnerable adult protection guidelines and regulations) the police do not normally provide any information to the press or media that might identify an individual investigation, unless that person is charged with a criminal offence. Resignation and ‘compromise agreements’ The fact that a person tenders his or her resignation, or ceases to provide their services, must not prevent an allegation being followed up in accordance with these procedures. It is important that every effort is made to reach a conclusion in all cases of allegations bearing on the safety or welfare of children, including any which the person concerned refuses to co-operate with the process. Wherever possible, the person should be given a full opportunity to answer the allegation and make representations about it.
The process of recording the allegation and any supporting evidence, and reaching a judgement about whether it can be regarded as a substantiated on the basis of all the information available, should continue, even if that cannot be done or the person does not co-operate. It may be difficult to reach a conclusion in those circumstances, and it may not be possible to apply any disciplinary sanctions if a person’s period of notice expires before the process is complete, but it is important to reach and record a conclusion wherever possible. By the same token, so-called ‘compromise agreements’ – by which a person agrees to resign, the employer does not pursue disciplinary action, and both parties agree a form of words to be used in any future reference- must not be used in these cases.
In any event, such an agreement will not prevent a through Police investigation, nor can it override an employer’s statutory duty to make a referral to the POCA list or list 99 where circumstances require that; or as per current procedures ISA may be advised Record-keeping It is important employers keep a clear and comprehensive summary of any allegations made, details of how the allegations were followed up and resolved, and of any action taken and decisions reached. These should be kept in a person’s confidential file and a copy should be given to the employee. Such information should be retained on file, including for people who leave the organisation, at least until the person reaches normal retirement age, or for 10 years if that is longer. The purpose of the record is to enable accurate information to be given in response to any future request for a reference. It will provide clarification in cases where a future CRB disclosure reveals information from the police that an allegation was made but did not result in a prosecution or a conviction.
It will also prevent unnecessary re-investigation if, as sometimes happens, allegations resurface after a period of time Timescales It is in everyone’s interest to resolve cases as quickly as possible, consistent with fair and thorough investigation. Every effort should be made to manage cases to avoid any unnecessary delay. The time taken to investigate and resolve individual cases depends on a variety of factors; including the nature, seriousness and complexity of the allegations, but there are timescale indicator 3s that parties should endeavour to adhere to. Suspension The possible risk of harm to children posed by an accused person needs to be evaluated and managed effectively- in respect of the child(ren) involved in the allegations, and any other children in the individual’s home, work or community life. In some cases this requires the employer to 3
Indicative timescales can be found in the Working Together to Safeguard Children guidance © Hit Training Ltd 2011 Page 13 of 14 Safeguarding Policy 212 Safeguarding Policy (212) consider suspending the person. Suspension should be considered in any case where there is cause to suspect a child or vulnerable adult is at risk of significant harm, or the allegation warrants an investigation by the police, or is so serious that it might be grounds for dismissal. People must not be suspended automatically or without careful thought (only the employer can suspend). Employers can choose to take the recommendations from the various agencies; however they do have the right to overturn any such recommendation.
Employers must consider carefully whether the circumstances of a case warrant a person being suspended from contact with children or vulnerable adults until the allegation is resolved. Note: neither the LA, nor the police, nor the children’s social care can require an employer to suspend a member of staff. The power to suspend is vested in the employer alone. However, where a strategy discussion or initial evaluation concludes there should be enquiries by social care and/or an investigation by the police, the LA designated officer should canvass police/social care views about the accused member of staff needs to be suspended from contact with children, to inform the employer’s consideration of suspension.
Monitoring progress The LADO (Local Authority Designated Officer) should regularly monitor the progress of cases; either via review strategy discussions, or by liaising with the police and/or children’s social care colleagues, or the employer as appropriate. Reviews should be conducted fortnightly or monthly intervals, depending on the complexity of the case. If the strategy discussion or initial evaluation decides that a police investigation is required, the police should set a target date for reviewing the progress of the investigation and consulting with the CPS to consider whether to charge the individual, continue to investigate or close the investigation.
Wherever possible, that review should take place no later than four weeks after the initial action meeting. Dates for subsequent reviews, at fortnightly or monthly intervals, should be set at the meeting if the investigation continues For clarification it should be noted that: ? A Police and criminal investigation will need to have evidence beyond reasonable doubt to take a case to court and in this particular case should the Police think it possible that there is a criminal case to answer they will have to work closely with the Crown Prosecution Service, due to the historical nature of the alleged abuse and the time delay in reporting such allegations4.
This could result in added time and could mean this investigation could take several months A child protection inquiry investigation does not have the same level of burden of proof and such an investigation can make recommendations based on the balance of probability For an employer to take disciplinary action (suspension would not be regarded as a disciplinary action or necessarily a pre-cursor to any disciplinary action) in the case of Safeguarding a suspension can be utilised to protect both the individual concerned from any added pressures or false allegations and also the employer has a legal duty to protect other staffs and learners. For an employer to take action, the burden of proof is does the employer reasonably believe such actions have taken place and in the case of Safeguarding, behaviours of the person in question are not suitable or acceptable for the nature of work and that children and vulnerable adults and others could potentially be at risk ? ? 4 Note approximately 95% of such allegations do not result in prosecution © Hit Training Ltd 2011 Page 14 of 14 Safeguarding Policy 212