MANAGING ALLEGATIONS AGAINST STAFF

1
MANAGING ALLEGATIONS AGAINST STAFF

• Welcome

2
Introductions
3
Introductions

• Please introduce yourselves name and role
• Also please explain what involvement you have had
  previously in dealing with allegations

4
Our Objectives

• At the end of this workshop, you should have-
• A clearer understanding of the process that must
  be followed
• An understanding of how to access appropriate
  support and guidance
• Appropriate ways to communicate with
  staff, service users the press
• Who to interview and how
• What comes next - suspension and disciplinary
  sanctions
• An update on the new Independent Safeguarding
  Authority scheme

5
Allegations of abuse made against a person who
works with children

• Working Together to Safeguard Children 2006
• Sections 6.20 6.30
• Appendix 5
• Safeguarding Children Safer Recruitment in
  Education January 2007

6
Messages from Working Together to Safeguard
Children 2006

• Must be taken seriously
• Effective inter-agency procedures need to be in
  place
• Monitoring the effectiveness of procedures
• Expeditious timescales
• Regard to Appendix 5
• Named senior officer for Childrens Services
  Ian Price
• Support for children, families and staff
• Dealing with historic cases
• Lessons to be learned

7
Appendix 5

• Wider scope for the guidance than just
  significant harm
• Three strands for the investigation
• Support for the families and children involved
• Confidentiality
• Resignation and compromise agreements
• Record keeping timescales
• Oversight and monitoring
• Initial consideration

8
Appendix 5

• Supervision
• Monitoring process
• Information sharing
• Action following criminal investigation or a
  prosecution
• Action on conclusion of a case
• Learning lessons
• Action in respect of false or unfounded
  allegations

9
Safeguarding Children Safer Recruitment in
Education January 2007

• This document sets out the responsibilities of
  all local authorities schools in England to
  safeguard and promote the welfare of children and
  young people
• It sets out recruitment best practice, some
  underpinned by legislation, for the school
  local authority
• The document also details the process for dealing
  with allegations of abuse against staff
• The document reflects Appendix 5 and provides
  detailed procedures on how allegations should be
  handled, specifically in the education sector.

10
An allegation is

• Information or a concern which suggests an adult
  working in or on behalf of an agency or
  organisation may have hurt or harmed a child or
  young person

11
ALLEGATION initial response

• All staff should know they must report any
  allegation immediately to the Head Teacher or, in
  the case of an allegation against the Head
  Teacher, the Chair of Governors. For
  non-schools, this would be the designated Child
  Protection Officer.
• The child / adult reporting any allegation must
  be listened to and taken seriously
• No in-depth questioning should take place
• The person receiving the allegation should record
  details of what is being alleged (including
  dates, times, location, witnesses etc.)
• The flowchart relating to what to do in the first
  five minutes MUST be followed

12
Role of the line manager

• Consider the details of the allegation
• Take any immediate action necessary including
  consultation with the Principal Education Social
  Worker (or their Deputy), as the named officer
• Inform the childs parents
• Gather information
• when/where/who was involved, any witnesses etc.
• Record all information throughout the process

13
Key Points

• Any allegation made against a member of staff
  should always be taken seriously
• What is said should be clarified, not questioned
• Maintain confidentiality/professional
  responsibility
• Avoid unnecessary delay
• Record what has been said and by whom

14
What NOT to do

• Investigate the incident
• Interview either those directly involved or any
  potential witnesses
• Seek written statements
• Discuss the incident with the member of staff
  concerned, until advice has been sought

15
Possible outcomes of initial consideration

• Possibility that the child has suffered or may
  suffer significant harm (Strategy Meeting)
• Possibility that a criminal offence has been
  committed (Strategy Meeting)
• Allegation prompted by inappropriate behaviour or
  poor practice (possible Strategy Meeting /
  internal procedures)
• The allegation is unfounded / demonstrably false

16
Types of Investigation

• There are three possible types of investigation-
• By police relating to possible criminal offences
• By Social Care staff under child protection
  procedures
• By the school / LA under disciplinary or
  capability procedures.

17
Strategy Meeting involving LADO, Social Care,
Police, HR, Head Teacher / Manager Principal
Education Social Worker

• Share information
• Review any previous allegations
• Review any relevant information
• Decide if S47 enquiry/criminal investigation
  should be initiated or not
• Consider suspension/possible internal
  disciplinary
• No further action

18
Thresholds for suspension

• Suspension should be considered only-
• Where a child or children are at risk of
  significant harm
• Where the allegation is so serious that dismissal
  is possible
• To allow the conduct of the investigation to
  proceed unimpeded
• Suspension is a neutral act.

19
Suspension

• If the decision is made to suspend the employee,
  HR will support the Head / Line Manager,
  providing advice and guidance, and attendance at
  the suspension meeting.
• The highest level of confidentiality must be
  maintained at all times. It is normal that only
  the most senior staff / Chair of Governors would
  be aware of the investigation.

20
Bolton Procedures

• Head / Manager must always seek HR advice
• Refer them to the Framework for Action
• Consider suspension (as per previous slide)
• Maintain contact with the member of staff
  (nominated HR Officer)
• Consider referral to Occupational Health
• Consider when internal investigation can proceed
• Investigate allegations in conjunction with Head
  / Manager
• Agree way forward / appropriate action

21
Bolton Procedures (cont)

• Who to Interview and When-
• Children involved in an allegation must only be
  interviewed by the Police or Social Care staff
• Interviews with staff and witnesses must not take
  place until after the initial discussions, when a
  way forward is agreed
• Staff should be interviewed by the Head Teacher
  HR, in the presence of their Trade Union
  Representative or a colleague
• Witnesses should be interviewed by the same
  investigating officers

22
Bolton Procedures (cont)

• How to Interview-
• Interviews should, where possible, be fully
  minuted, and the interviewee asked to confirm a
  copy of the minutes and sign them as an accurate
  record
• Interviews must be impartial and questioning
  should be open and fair
• The interview process is intended to establish
  the facts of the matter, and not to apportion
  blame
• Witnesses should be made aware that they may be
  required to present their statements to a
  disciplinary hearing at a later date

23
Appropriate Ways to Communicate

• Staff
• Staff need to be made aware that the individual
  is not in work. It may not be appropriate to
  disclose the reasons why the person is not in
  work at that time.
• Parents / Clients
• We will assist Heads / Managers in writing
  letters to parents / clients, informing them of
  the situation, to be sent out at an appropriate
  time.
• Press
• No information must be given to the press
  without prior discussion with the Press Office in
  the Town Hall, the Chair of the Strategy Meeting
  and HR. We have draft press releases which are
  appropriate for use in such circumstances.

24
What Comes Next

• Should a criminal prosecution proceed, internal
  investigations and action will normally be put on
  hold until this is concluded
• Should the outcome of the investigations
  determine that inappropriate behaviour has
  occurred, however a criminal prosecution is not
  appropriate, the Disciplinary Dismissal
  Procedure should be followed, with advice sought
  from HR
• Should the conclusion be that there is no
  evidence of inappropriate behaviour, the
  individual, if suspended, should be returned to
  work

25
What Comes Next (continued)

• Remember
• If the Police are not prosecuting, this does not
  necessarily mean the person is innocent, but
  often that the allegation cant be proven. The
  Police have to be able to prove the allegation
  beyond all reasonable doubt. Employers have to
  look at the balance of probability.
• This therefore means that our investigation will
  continue, even if Police involvement has ended.

26
After the event

• Supporting the employee
• Return to work arrangements including information
  to other staff
• Lessons to be learned
• Training needs identified
• Information to parents / clients if appropriate
• Notification of outcomes
• Notification to DCSF (List 99) / Dept. of Health
  (POCA) by HR (soon notification will be to the
  ISA)

27
QUESTIONS

• Do you have any questions?

28
Safer Recruitment
29
What is Safer Recruitment?

• A recommendation that arose from the Bichard
  Inquiry
• Aims to create a safer culture strengthen
  safeguards against employing unsuitable people.
  Bolton has adopted the recommendations for all
  those working with children.
• The Inquiry Report (June 2004) identified
  failures in current systems
• Employers making inconsistent decisions on the
  basis of CRB information
• CRB information only being valid on the day of
  issue
• Inconsistencies between List 99, the POCA and
  POVA lists
• Inconsistencies in police disclosure of
  information between police authorities.

30
Safeguarding Children Safer Recruitment
Selection in Education Settings

• 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 will
  be stopped. Our task is to make it as difficult
  as possible for them to succeed ..
• Bichard Report, 2004, paragraph 79

31
Safeguarding Children Crimes against Children -
Statistics

• An NSPCC study in 2000 found that 16 of 3000
  young people surveyed said they had experienced
  some form of sexual abuse
• Statistics show that adult males make up 50 of
  sex offenders. The other 50 is made up of 5
  20 adult females, and 30 adolescents and
  children
• 95 out of every 100 allegations never lead to a
  conviction
• 15 of adults have thoughts but most dont act
  on them.

32
Safeguarding Children Crimes against Children
Professional Perpetrators

• 90 aware of interest by age of 21
• 51 offended by 21
• 15 chose career solely to abuse
• 41.5 state abuse part of motivation
• BUT 25 say not motivated by abuse when they got
  the job
• 77.5 arranged meetings outside work for abuse
• 67.5 took children away overnight
• Average of 49 admitted victims each
• 41.9 had a reputation as touchy, pervy etc.
• Sullivan Beech 2004

33
Safeguarding Children Crimes against Children
Reasons for Not Reporting

• it was nobody elses business
• didnt think it was serious or wrong
• didnt want parents to find out
• didnt want friends to find out
• didnt want the authorities to find out
• was frightened (24)
• didnt think would be believed (13)
• had been threatened by abuser (7)
• Child Maltreatment in the UK NSPCC 2000

34
The Independent Safeguarding Authority (ISA)
Scheme

• Applies to everyone working with children, young
  people and vulnerable adults, whether paid or
  unpaid
• EVERYONE within a school, childrens home, care
  home, young offender institution etc must become
  a member of the scheme
• Anyone who teaches, trains or instructs is
  includes, which will bring in leisure / sports
  centre staff.
• Drivers / Escorts must also be members of the
  Scheme.
• Families with whom foreign students are placed
  must be members of the Scheme, as much
  Councillors involved in Education / Childrens
  Services.
• Frequent is defined as more often than once a
  month.
• Intensive is defined as 3 or more days in a 30
  day period

35
The Independent Safeguarding Authority (ISA)
Scheme (continued)

• Barring Routes-
• Auto Bar without representation
• Auto Bar with representation
• Bar based on case assessment
• The ISA will decide who to place on the barred
  lists and maintain the lists, consider
  representations and comprise a balance of
  different expertise

36
The Independent Safeguarding Authority (ISA)
Scheme and the CRB

• The CRB will
• Receive applications for ISA registration
  (integrated into current CRB application form)
• Gather and monitor information for the ISA
• Administer automatic inclusions on the list and
  cases where there is no information
• Provide the facility for online checks and
  continuous updates
• ISA membership is for life unless you are barred
  or ask to be removed
• ISA membership is fully portable between
  employers
• Individual will receive an ISA registration
  certificate

37
The Independent Safeguarding Authority (ISA)
Scheme When???

• Feedback from the Governments consultation will
  be published in early April
• The scheme is due to be phased-in from September
  2008, with those new to the childrens workforce
  and those changing posts being the first affected
• Costs will be announced in April / May, but
  volunteers will be free
• Who the cost lies with is to be determined by
  employers. For existing staff, this is likely to
  be the same as the CRB.

38
The Independent Safeguarding Authority (ISA)
Scheme Other Information

• If a volunteer applies for a free check, and
  subsequently obtains paid employment, a fee will
  be charged at that point
• Approximately 11 million people will have to
  become members of the Scheme
• It will be an offence for a barred person to work
  with a child, even on a one-off basis, so this
  will apply to existing staff working for Managers
  / Organisations taking work experience placements

39
Are we a soft target?

• Ways in which we might be a soft target for
  abusers
• failing to obtain comprehensive information about
  candidates' background, or accepting c.v.s
  instead of application forms
• accepting open testimonials/references from
  candidates rather than independent references
  that answer specific questions about performance
  suitability to work with children
• accepting statements at face value not carrying
  out pre-employment checks to verify identity,
  qualifications, etc
• during recruitment, focusing on acquiring someone
  who is good at their role rather than also
  considering that person's attitudes towards
  children
• operating less stringent procedures for those who
  wont have direct responsibility for children

40
Scenario

• Well now work through a scenario and discuss
  what action you think should be taken at each
  point

41
Objectives Revisited

• A clearer understanding of the process that will
  be followed
• An understanding of how to access appropriate
  support and guidance
• Appropriate ways to communicate with
  staff, service users the press
• Who to interview and how
• What comes next - suspension and disciplinary
  sanctions
• An update on the new Independent Safeguarding
  Authority scheme

42
QUESTIONS

• Any questions?
• Have we met your objectives?