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Hertfordshire’s Allegations Management System Frazer Smith / Mel Leicester-Evans. Exercise 1. Read Case Studies Discuss in pairs Write down actions Consider procedures. Exercise 2. What are the risks? What do you advise staff re practice? How do you monitor/audit compliance?
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Hertfordshire’s Allegations ManagementSystemFrazer Smith / Mel Leicester-Evans
Exercise 1 • Read Case Studies • Discuss in pairs • Write down actions • Consider procedures
Exercise 2 What are the risks? What do you advise staff re practice? How do you monitor/audit compliance? Give an example of a real life ‘risky situation’ for your area of vulnerability
Areas of Staff Vulnerability Physical contact, including intimate/personal care Control and physical intervention Relationships Communication with a child, including e-safety Off site activities
Applies to all Organisations All organisations providing services for children or staff or volunteers to work with or care for children, should operate procedures for dealing with allegations which are compliant with the guidance in Working Together (2010) Section 6.32 – 6.42 and Appendix 5
Allegations January 2010 – December 2010
Guidance Working Together To Safeguard Children (DCSF2010) 6.32 - 6.42 and Appendix 5 Safeguarding Children and Safer Recruitment in Education (DfES 2006) – Chapter 5 HSCB Inter-agency Child Protection and Safeguarding Children Procedures Manual 2010 Section 4.1
Principles Timely, Consistent, Thorough and Fair Process – provides protection for the child and support to the subject of the allegation Enquiries must be conducted by an independent person – not friend, relative, supervisor or colleague Employers clarify the facts not investigate – when a concern first comes to light Children should not be repeatedly interviewed Confidentiality – ‘need to know basis’ only ‘Unsuitability’ - should be considered throughout the process
Criteria The procedures cover all concerns where a person who works with a child 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; or behaved towards a child or children in a way that indicates he or she would pose a risk of harm if they work regularly or closely with children.
Exercise 3 • In pairs look at the three categories • Write examples in each category
Examples of Actions Interpreted as Abusive Physical Abuse Any form of physical assault (including attempts):- Kicking Punching Pushing Slapping Shaking Throwing a missile Sexual Abuse Abuse of position of trust. Any form of sexual assault Possession of indecent or abusive photographs or images of children Showing indecent or pornographic material to children Inappropriate touching, language or Behaviour towards a child Emotional Abuse & Neglect Racial / homophobic comments or Behaviour, or failing to address this in others Persistent sarcasm or belittling children Bullying children, or failing to address it in others Inappropriate punishments. Creating a climate of fear Failing to protect a child from physical danger Overprotection or the prevention of socialisation
Examples of Actions that may be Interpreted as both Abusive and Non-abusive Inviting children to their homes Giving children gifts Offering children lifts outside normal duties Singling individual children out for special attention Contacting children socially Many of the above behaviours may be at odds with employers and professional bodies codes of conducts. Do you know your own code of conduct and do your workers know theirs ?
Roles and Responsibilities Named Senior Officers (NSO) LADO (Local Authority Designated Officer) Designated Senior Managers (DSM)
Understanding the procedures for managing allegations or concerns against staff and volunteers, and understanding and following the criteria under which allegations or concerns of abuse must be notified to the LADO Attendance at strategy discussions and contribution to initial evaluations Informing the LADO when a concern, complaint or allegation is made against a member of staff or volunteer Liaising with the LADO and gathering additional information which may have a bearing on the allegation, and in respect of information to be provided to the child, parent, accused person and others Liaising with the NSO informing them of any issues and ongoing investigations Ensuring that the organisation’s policy and procedures are updated and reviewed and updated in accordance with LSCB procedure Keeping detailed, accurate, secure written records of allegations or concerns received and how these were resolved, including the progress of external investigations The Senior Manager is responsible for: It is critical that the relationship between the LADO and the Senior Manager is clear to all LSCB member organisations. The LADO should act independently of any organisation involved in the allegation concerned.
DSM / Employer & LADO Clarify facts of the allegation (not investigate) before contacting the LADO Work in partnership with the LADO Provide necessary information Operate a thorough disciplinary process when appropriate Keep the LADO updated on process and outcomes Ensure a properly managed conclusion and outcome to process
Process The DSM is not to investigate and/or ask leading questions to clarify an allegation Confidentiality should not be promised Actions to be taken include a written record of the allegation using the informant’s words-including time, date and place where the alleged incident took place, what was said and anyone else that was present. The record should be signed and dated The recipient of an allegation must not unilaterally decide it’s validity
Process The DSM must inform the LADO immediately and always within 1 working day when a allegation is made If there is any difficulty in communicating this to the LADO, allegations should be reported direct to the Police (CAIU) or to Social Care – via the Customer Services Centre (0300 123 4043) Consultation with the LADO must not delay any referral where the concern / allegation is clearly very serious
DSM and LADO Initial Evaluation Does the allegation fit the criteria ? There are three strands when considering an allegation: 1: Police investigation and possible offence 2: Social care enquiries/assessment about whether a child is in need of protection (S47) or services (S17) 3: Disciplinary action by the employer
Initial Evaluation Is the allegation demonstrably false ? Is there a risk of significant harm ? Is there no significant harm, but possibly a criminal offence ? Is there evidence of ‘unsuitability’ to work with children ?
Suspension An employer should discuss this option with the LADO, it should not be an automatic step Consider where: Police investigation warranted Might be grounds for dismissal Child is at risk of significant harm Support is needed for those suspended from work
Threshold Considerations • Strategy Meeting • Joint Evaluation Meeting (JEM) • Consultation
DSM & Parent / Carer Support and information for parent / carer: - Inform parent / carer of the allegation - Keep parent / carer up to date - Help them understand the process - Inform parent / carer of the outcome (i.e. that there has been a disciplinary process)
Resignations All investigations must be completed and brought to a managed conclusion regardless of resignation ‘Compromise Agreements’ must not be used
Record Keeping/AMS Database Provides accurate reference, clarification for CRB disclosures and prevents re-investigation A clear and comprehensive summary (LADO 6) should be kept on confidential personnel file, copied to the individual, kept until retirement age or 10yrs if longer The LADO keeps detailed case recording for monitoring and reporting requirements
Timescales Target timescales are achievable in most cases: - 80% resolved within 1 month - 90% resolved within 3 months - All cases concluded within 12 months (unless exceptional circumstances)
LADO Contact Details Frazer Smith – LADO Mobile: 07920283106 Office: (01992) 556979 E-mail: frazer.smith@hertscc.gov.uk Mel Leicester-Evans – LADO Mobile: 07795288271 Office: (01992) 556986 E-mail: mel.leicester-evans@hertscc.gov.uk Marrie Moat – Support Officer Office: (01992) 555420 E-mail: marrie.moat@hertscc.gov.uk LADOs WORK ON A DUTY ROTA
Recap Recap
Professional Behaviour Employers and managers have a responsibility to ensure that professional behaviour applies to relationships between staff and children All staff need to be clear about what constitutes appropriate behaviour and professional boundaries Employers and managers who address these issues will enable staff to approach their role with confidence
If any aspect of this cycle of practice is missing the workplace could be an unsafe place for children or vulnerable adults Effectivecycle of practice
Exercise 1 (revisited) • Review your original decisions/actions. • Would you do anything differently?