6. Concerns about adults who work with children

The vast majority of adults working with children do so because they want to support and nurture their development. However, some people enter this area of work to gain close contact with children or because of misplaced feeling that the work will be easy. There may be times when adults are concerned about the behaviour of their colleagues, for example in relation to the way they are managing children's behaviour.

It can be difficult to express concerns about a colleague and it is not unreasonable to be worried about the possible consequences of expressing a concern. It is therefore very important that all settings ensure they have a culture in which everyone feels safe about sharing concerns, knows that they will be taken seriously and treated sensitively and confidentially.

Every setting must make it clear to everyone involved - including parents/carers and children where appropriate - that it is important to express concerns about the behaviour of adults, whether paid or unpaid, that might have a negative impact on a child. The child's needs must remain paramount.

Whistleblowing is the term used to describe the disclosure of information about suspected wrongdoing or dangers identified at work.

Whistleblowing is a mechanism where staff or volunteers can voice their concerns, without fear of repercussion in circumstances where their concerns have not been dealt with or they do not feel able to follow usual reporting lines for some reason.

Settings must ensure they have a clear policy on whistleblowing and that everyone is clear about what to do and who to speak to if they have concerns about an adult in the setting.

Things to include in a whistleblowing policy:

•  What the policy aims to achieve (for example - ensuring the needs of children are paramount, creating a culture where it is safe to share concerns, having a clear process understood by all staff)
• The name of the identified manager who concerns should be discussed with
• Confidentiality - for those raising concerns and those who are the subject of concerns
• Who to whistleblow to if there is a concern is about the designated person e.g. manager/chairperson/SLP
• The different steps in the whistleblowing procedure with clear timeframes
• How to whistleblow to a relevant prescribed body e.g. Ofsted / NSPCC
• Referral form - How to Raise a Concern | Norfolk Safeguarding Children Partnership | PWWC (norfolklscp.org.uk)
• Self-reporting - Acknowledge that staff should talk to managers where they are concerned about their own health/personal problems that might be impacting on their work with children, or that their actions may have been misinterpreted
• Barriers to expressing concern - recognition of the worries of staff about reporting colleagues
• Reference made to the setting's disciplinary procedures when an allegation has been made against a staff member or volunteer
• Clear procedures for staff to report concerns to the identified manager including the procedure for when the concern is about the identified manager.
• Include the contact details for the Local Authority Designated Offer (LADO). Email LADO@norfolk.gov.uk

There is a guidance leaflet for the setting to give to anyone who is the subject of an allegation, this can be downloaded from NSCP website:

Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk)

The full policies and procedures are available on NSCP website, 8.3 Allegations Against Persons who Work/Volunteer with Children. This sets out all the steps in the LADO process:

Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk)

Managing allegations and concerns about adults who work with children (whether paid or unpaid)

Allegations sometimes arise from a differing understanding of the same event, but when they occur, they are distressing and difficult for all concerned. We also recognise that many allegations are genuine and there are some adults who deliberately seek to harm or abuse children. We work to the thresholds for harm as set out in 'Working Together to Safeguard Children' (2023).

An allegation may relate to a person who works / volunteers with children who has:

• Behaved in a way that has harmed a child, or may have harmed a child and/or;
• Possibly committed a criminal offence against or related to a child and/or;
• Behaved towards a child or children in a way that indicates he or she may pose a risk of harm to children; and/or
• Behaved or may have behaved in a way that indicates they may not be suitable to work with children.

The 4^th bullet point above recognises circumstances where a member of staff (including locum or supply staff) or volunteer is involved in an incident outside of setting/agency/workplace which did not involve children but could have an impact on their suitability to work with children; this is known as transferrable risk.

Concerns and allegations may result from:

• Information shared with the identified manager by a colleague
• Discussions with parents or children
• A specific incident witnessed by someone

Local Authority Designated Officer (LADO)

Anyone who has a concern about someone who works with children must contact the LADO for advice about how to proceed. It is important, and in everyone's best interests, that even minor allegations are followed up and objectively evaluated.

The LADO should in all cases be informed of all allegations immediately or certainly within one working day of the concern first being raised.

Complete a LADO referral form lado-referral-form-agency-oct-2022.doc and send it to LADO@norfolk.gov.uk

The Duty LADO will review the information and be in contact with the referrer to advise of the next steps.

Working Together to Safeguard Children states that in the case of childminders who, unless they are childminding assistants, are likely to be self employed any allegations should be referred to Ofsted.

Ofsted are the regulatory body for childminders and, for the purposes of the process for managing allegations, can be viewed as the employer.

The LADO referral form lado-referral-form-agency-oct-2022.doc must also be completed and submitted to the LADO.This means that parents/carers who have concerns about their childminder need to know the contact details for Ofsted and the LADO when raising concerns.

Remember: Anyof the following concerns MUST be reported to the LADO immediately or certainly within one working day.

When concerns arise, we will always ensure that the safeguarding actions outlined in the local protocol and procedures NSCP Protocol 8.3 - Allegations Against Persons who Work/Volunteer with Children and The Management of Allegations Against People Working with Children Procedure  are adhered to and will seek appropriate advice.

Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk)

What do LADOs do?

LADOs are responsible for:

• Establishing whether the allegation falls within the scope of the guidance
• Advising the employer/setting that the child and family members are appropriately involved and informed
• Advising the employer/setting that the person subject to the allegation is appropriately involved, informed and supported as appropriate
• Managing and overseeing individual cases and monitoring progress
• Providing advice and guidance to settings
• Liaising with the Police and other agencies, including Ofsted
• Providing independent scrutiny of reports and information
• Ensuring that the process is fair and thorough and carried out in a timely way; and that clear and appropriate outcomes are achieved for the individual and child concerned and the setting
• Please note that the LADO does not carry out investigations but offers guidance and advice to the person identified to do the investigation

Guidance is available for how to carry out an investigation. For further information contact the Early Years Advice Line on 01603 222300 - option 3 or call the allocated LADO.

FLOWCHARTS - (Hayley to add link)

If a professional working in an early years or childcare setting has a concern about a child follow the link below:

https://www.norfolklscb.org/people-working-with-children/how-to-raise-a-concern/

Refer to the flowchart Safeguarding guidance and reporting - Norfolk Schools and Learning Providers - Norfolk County Council prior to making a call to the Children's Advice and Duty Service (CADS)

For any call raising concerns about a child, the Children's Advice and Duty Service will ask for:

• All of the details known to you/your agency about the child;
• Their family composition including siblings, and where possible, extended family members and anyone important in the child's life;
• The nature of the concern and how immediate it is;
• Any and what kind of work/support you have provided the child or family to date.
• They will also need to know where the child is now and whether you have informed parents/carers of your concern

Norfolk Continuum of Needs Guidance 2023 and The Descriptors of Need Tool to help you highlight areas which are of concern:  Norfolk Guidance to Understanding Continuum of Needs | NSCP | PWWC (norfolklscp.org.uk)

If you have not informed the parents, you will need to explain to CADS why you have made this decision.

The LADO responsible for the case may require a meeting to be called.

Multiple Agency LADO meeting (MALM)

• Chaired by a LADO and include the manager from the setting as appropriate or if the concern is about the manager, another appropriate person (e.g. committee chair); police; local authority representative and other relevant professionals including Ofsted where the setting is registered with Ofsted and where a childminder is the subject of the allegation
• Held when the case meets the LADO threshold and requires all relevant professionals to meet to decide actions and outcomes
• Each professional attending the MALM would be expected to bring relevant information to share at the meeting. Further advice about this can be sought from the LADO. There is also guidance on the Norfolk Safeguarding Children Partnership (NSCP) website for all meeting attendees

Outcome: Advice and guidance and recommendations from the LADO meeting is followed.

Once the investigation is completed, a report needs to be prepared for the final outcomes MALM. Refer to guidance from LADO.

Recording and storage of information relating to allegations of abuse made against adults in the setting

It is important that the identified manager keeps the following:

• A clear and detailed summary of any allegations made
• Details of how the allegation was followed up and resolved
• Details of any action taken and decisions reached should be kept on the adult's confidential personnel file. A copy of the summary of the allegation should be given to the adult subject to the concern.

The full minutes/records of the MALM must not be given to the person subject of the allegation. They may apply for the record through the Norfolk County Council Information Management Service, once the process has been concluded.

The information about the allegation process should be retained on file, including for adults who leave the setting, at least until the adult reaches normal retirement age or for 10 years if that is longer

More detailed information regarding individual members of staff relating to disciplinary hearings, suitability or concerns about adults reported to a LADO should only be accessed by the manager of the setting and, where advice was sought from a human resources (HR) department, that department would have a copy of appropriate information. This information must be stored safely and securely in a locked cabinet in a file separate from all children's files and separate from general staff confidential files

The investigation needs to accurately reflect the views and account of the person of concern regarding the allegation against them.

Where the information is about the manager of the setting this will only be accessed by the manager's employer if relevant.

Confidentiality must be respected.

At the outcome of any LADO discussions/meetings, advice can be sought from the LADO about storage of the information.

Any recording associated with a LADO issue must be kept confidential in accordance with record retention requirements.

If an allegation has been made about a staff member or volunteer, then your setting has a legal duty to make a barring referral if the following conditions are met:

Condition 1

You withdraw permission for a person to engage in regulated activity with children and/or vulnerable adults. Examples: dismissed, re-deployed, retired, been made redundant or retired.

Condition 2

You think the person has carried out one of the following:

• Engaged in relevant conduct in relation to children and/or adults. An action or inaction has harmed a child or vulnerable adult or put them at risk or harm or;
• Satisfied the harm test or
• Received a caution for, or a conviction for, or been convicted for a relevant offence

More information on Barring Referrals can be found online.

A Barring Referral can be completed online via the DBS website

Settings need to have a named person responsible for making a barring referral, and who would do this if the allegation is against the named person. 

There could be times when you might consider that you should still make a referral in the interests of safeguarding children even if the legal duty to refer has not been met. This could include acting on advice of the police or a safeguarding professional, or in situations where there may not be enough evidence to dismiss or remove a person from working with vulnerable groups. DBS are required by law to consider any and all information sent to them from any source. This includes information sent to them where the legal referral conditions are not met. If you do make a referral to DBS where the referral conditions are not met, you must do so in consideration of relevant employment and data protection laws.

Key points

• The needs of the child are paramount
•  All settings must have a whistleblowing policy
• There should be a culture within the setting that allows staff to feel safe to share concerns and be clear about the process
• Parents/carers must be clear about the process to follow to raise concerns
• The flowchart detailing the process must be clearly visible to all in the setting
• All concerns should be reported to the LADO within one working day

Further information

Working Together to Safeguard Children Working together to safeguard children 2023: statutory guidance

Norfolk Safeguarding Children Partnership (NSCP) Norfolk Safeguarding Children Partnership

Ofsted www.ofsted.gov.uk

Children Act 1989 The Children Act 1989 guidance and regulations