Management Information Sheet

This guidance should be read in conjunction with Part 4 of 'Keeping Children Safe in Education' (2014) and the related NSCB procedure Allegations Against Persons who Work with Children, (March 2014).

When staff have concerns about another adult's behaviour or allegations arise, it is inevitably a distressing and difficult time for all concerned. It is essential that any allegation of abuse made against a teacher or other member of staff or volunteer in an education setting is dealt with fairly, quickly, and consistently, in a way that provides effective protection for the child, and at the same time supports the person who is the subject of the allegation.

It is important that your establishment has procedures to deal with allegations of abuse against members of staff and volunteers that are in accordance with national and local guidance. In the first instance, the relevant senior manager (i.e. the head teacher or principal, or chair of governors, chair of the management committee or proprietor of an independent school) should immediately discuss the allegation with the Local Authority Designated Officer (LADO). This initial contact should be made within 24 hours of being made aware of the allegation. The purpose of an initial discussion is for the LADO, and the senior manager, to consider the nature, content and context of the allegation and agree a course of action. The LADO may ask the senior manager to provide or obtain additional information.

'Keeping Children Safe in Education' - Part 4: Allegations of abuse made against teachers and other staff

Part 4 of statutory guidance from the Department for Education outlines the procedures for managing allegations against staff and volunteers. It is aimed at all schools (including academies, Free Schools, independent schools and all types of maintained schools), local authorities, governing bodies and the FE sector. All recipients must have regard to it when carrying out duties relating to handling allegations of abuse against teachers and other staff.

The guidance relates to all adults working with children and young people, whether in a paid or voluntary position, including those who work with children on a temporary, supply or locum basis.

It should be used to manage allegations that might indicate that a person is unsuitable to continue to work with children in their present position, or in any capacity. It should be used in respect of all cases in which it is alleged that a teacher or member of staff (including a volunteer) in a school, FE college or other education establishment that provides education for children under 18 years of age has:

1. behaved in a way that has harmed a child, or may have harmed a child;
2. possibly committed a criminal offence against or related to a child; or
3. 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.

Confidentiality

It is extremely important that when an allegation is made, the school or college makes every effort to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated or considered. The Education Act 2011 introduced reporting restrictions preventing the publication of any material that may lead to the identification of a teacher who has been accused by, or on behalf of, a pupil from the same school or college (where that identification would identify the teacher as the subject of the allegation). The reporting restrictions apply until the point that the accused person is charged with an offence, or until the Secretary of State or the General Teaching Council for Wales publishes information about an investigation or decision in a disciplinary case arising from the allegation. The reporting restrictions also cease to apply if the individual to whom the restrictions apply effectively waives their right to anonymity by going public themselves or by giving their written consent for another to do so or if a judge lifts restrictions in response to a request to do so. The provisions commenced on 1 October 2012.

Record Keeping

It is important that a school makes and retains accurate records of actions undertaken and decisions reached throughout the process of any investigation.

Details of allegations that are found to have been malicious should be removed from personnel records. In these circumstances, the LADO Service will retain records relating to the allegation. Schools should inform the person subject to the investigation that a summary of the allegation including outcome will be held by the LADO Service and would only be referred to in the event that the allegation re-surfaces after a period; this will then prevent unnecessary re-investigation.

However, for all other allegations, it is important that a clear and comprehensive summary of the allegation, details of how the allegation was followed up and resolved, and a note of any action taken and decisions reached, is kept on the confidential personnel file of the accused, and a copy provided to the person concerned.

The purpose of the record is to enable accurate information to be given in response to any future request for a reference, where appropriate. It will provide clarification in cases where future DBS checks reveal information from the police about an allegation that did not result in a criminal conviction and it will help to prevent unnecessary re-investigation if, as sometimes happens, an allegation re-surfaces after a period of time.

The record should be retained at least until the person subject to the allegation has reached normal retirement age or for a period of 10 years from the date of the allegation if that is longer. These records should be kept for the specified period even if the member of staff ceases to be employed by the school.

The Information Commissioner has published guidance on employment records in its Employment Practices Code and supplementary guidance, which provides some practical advice on employment retention.

References

Cases in which an allegation was proven to be false, unsubstantiated or malicious should not be included in employer references. A history of repeated concerns or allegations which have all been found to be false, unsubstantiated or malicious should also not be included in any reference. Allegations involving foster carers

If a pupil makes an allegation of harm against a foster carer, the school should contact the child's social worker or their team manager without delay. Concerns should not be raised with the foster carer until the matter has been discussed with the child's social worker/team manager. The school and social worker should also agree who will notify the LADO about the allegation.

Allegations involving Agency Workers

Where an allegation is made in respect of an agency worker employed in a school, the head teacher or principal, or chair of governors, chair of the management committee or proprietor of an independent school should immediately discuss the allegation with the Local Authority Designated Officer (LADO). The school may then be asked to inform the employer of the agency worker.