15. Allegations against staff

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15.1

The management of allegations against adults who work with children

15.1.5

Roles and responsibilities

15.2

General considerations relating to allegations against staff

15.2.1

Persons to be notified

15.2.9

Confidentiality

15.2.11

Support

15.2.13

Suspension

15.2.17

Resignations and 'compromise agreements'

15.2.19

Organised and historical abuse

15.2.21

Whistle-blowing

15.2.23

Timescales

15.3

Initial response to an allegation or concern

15.3.2

Initial action by person receiving or identifying an allegation or concern

15.3.5

Initial action by the designated senior manager

15.3.10

Initial consideration by the designated senior manager and LA designated person

15.3.15

Strategy meeting / discussion

15.3.19

Allegations against staff in their personal lives

15.4

Disciplinary process

15.4.1

Disciplinary or suitability process and investigations

15.4.10

Sharing information for disciplinary purposes

15.5

Record keeping and monitoring progress

15.5.1

Record keeping

15.5.2

Monitoring progress

15.6

Unsubstantiated and false allegations

15.7

Substantiated allegations and referral to the ISA

15.7.1

Substantiated allegations

15.7.3

Independent Safeguarding Authority

15.7.8

ISA system

15.7.9

Bodies with a duty to refer

15.7.13

Referring to the ISA

15.8

Learning lessons

15.9

Procedures in specific organisations

15.10

Allegations / concerns process flowcharts

15.1.1

Despite all efforts to recruit safely there will be occasions when allegations of abuse against children are raised. Local Safeguarding Children Boards (LSCBs) should therefore have arrangements in place for monitoring and evaluating their effectiveness.

15.1.2

These procedures should be applied when there is an allegation or concern that any person who works with children, in connection with their employment or voluntary activity, 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;
• Behaved towards a child or children in a way that indicates they are unsuitable to work with children.

15.1.3

These behaviours should be considered within the context of the four categories of abuse (i.e. physical, sexual and emotional abuse and neglect). These include concerns relating to inappropriate relationships between members of staff and children or young people, for example:

• Having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual (see ss16-19 Sexual Offences Act 2003);
• 'Grooming', i.e. meeting a child under 16 with intent to commit a relevant offence (see s15 Sexual Offences Act 2003);
• Other 'grooming' behaviour giving rise to concerns of a broader child protection nature (e.g. inappropriate text / e-mail messages or images, gifts, socializing etc);
• Possession of indecent photographs / pseudo-photographs of children.

15.1.4

All references in this document to 'members of staff' should be interpreted as meaning all paid or unpaid staff, see section 1. Preface and introduction, 1.6 Glossary. Including, as per the Glossary, foster carers and approved adopters.

Roles and responsibilities

15.1.5

Each LSCB member organisation should identify a named senior officer with overall responsibility for:

• Ensuring that the organisation deals with allegations in accordance with these London Child Protection Procedures;
• Resolving any inter-agency issues;
• Liaising with the LSCB on the subject.

15.1.6

Local authorities should designate an officer/s to:

• Be involved in the management and oversight of individual cases;
• Provide advice and guidance to employers and voluntary organisations;
• Liaise with the police and other agencies;
• Monitor the progress of cases to ensure that they are dealt with as quickly as possible consistent with a thorough and fair process.

15.1.7

Employers should designate:

• A senior manager to whom allegations or concerns should be reported;
• A deputy to whom reports should be made in the absence of the designated senior manager or where that person is the subject of the allegation or concern.

15.1.8

The police detective inspector on each child abuse investigation team will:

• Have strategic oversight of the local police arrangements for managing allegations against staff and volunteers;
• Liaise with the LSCB on the issue;
• Ensure compliance.

15.1.9

The police should designate a detective sergeant/s to:

• Liaise with the local authority designated officer (LADO);
• Take part in strategy meetings / discussions;
• Review the progress of cases in which there is a police investigation;
• Share information as appropriate, on completion of an investigation or related prosecution.

15.1.10

Schools and other education settings should also refer to chapter 5 of Safeguarding Children and Safer Recruitment in Education (DfES 2006), available at www.teachernet.gov.uk, which covers issues relating to allegations of abuse made against teachers and other education staff.

Persons to be notified

15.2.1

The employer must inform the local authority designated officer (LADO) immediately an allegation is made.

15.2.2

The LADO will advise the employer whether or not informing the parents of the child/ren involved will impede the disciplinary or investigative processes. Acting on this advice, if it is agreed that the information can be fully or partially shared, the employer should inform the parent/s. In some circumstances, however, the parent/s may need to be told straight away (e.g. if a child is injured and requires medical treatment).

15.2.3

The parent/s and the child, if sufficiently mature, should be helped to understand the processes involved and be kept informed about the progress of the case and of the outcome where there is no criminal prosecution. This will include the outcome of any disciplinary process, but not the deliberations of, or the information used in, a hearing.

15.2.4

The employer should seek advice from the LADO, the police and / or LA children's social care about how much information should be disclosed to the accused person.

15.2.5

Subject to restrictions on the information that can be shared, the employer should, as soon as possible, inform the accused person about the nature of the allegation, how enquiries will be conducted and the possible outcome (e.g. disciplinary action, and dismissal or referral to the barring lists or regulatory body).

15.2.6

The accused member of staff should:

• Be treated fairly and honestly and helped to understand the concerns expressed and processes involved;
• Be kept informed of the progress and outcome of any investigation and the implications for any disciplinary or related process;
• If suspended, be kept up to date about events in the workplace.

15.2.7

Ofsted should be informed of any allegation or concern made against a member of staff in any day care establishment for children under 8 or against a registered childminder.  They should also be invited to take part in any subsequent strategy meeting / discussion.

15.2.8

LA children's social care should inform Ofsted of all allegations made against a foster carer, prospective adopter, or member of staff in a residential child care facility.

Confidentiality

15.2.9

Every effort should be made to maintain confidentiality and guard against publicity while an allegation is being investigated or considered.  Apart from keeping the child, parents and accused person (where this would not place the child at further risk) up to date with progress of the case, information should be restricted to those who have a need to know in order to protect children, facilitate enquiries, manage related disciplinary or suitability processes.

15.2.10

The police should not provide identifying information to the press or media, unless and until a person is charged, except in exceptional circumstances (e.g. an appeal to trace a suspect).  In such cases, the reasons should be documented and partner agencies consulted beforehand.   

Support

15.2.11

The organisation, together with LA children's social care and / or police, where they are involved, should consider the impact on the child concerned and provide support as appropriate. Liaison between the agencies should take place in order to ensure that the child's needs are addressed.

15.2.12

As soon as possible after an allegation has been received, the accused member of staff should be advised to contact their union or professional association. Human resources should be consulted at the earliest opportunity in order that appropriate support can be provided via the organisation's occupational health or employee welfare arrangements. 

Suspension

15.2.13

Suspension is a neutral act and it should not be automatic.  It should be considered in any case where:

• There is cause to suspect a child is at risk of significant harm; or
• The allegation warrants investigation by the police; or
• The allegation is so serious that it might be grounds for dismissal.

15.2.14

The possible risk of harm to children should be evaluated and managed in respect of the child/ren involved and any other children in the accused member of staff's home, work or community life. 

15.2.15

If a strategy meeting / discussion is to be held or if LA children's social care or the police are to make enquiries, the LADO should canvass their views on suspension and inform the employer. Only the employer, however, has the power to suspend an accused employee and they cannot be required to do so by a local authority or police.

15.2.16

If a suspended person is to return to work, the employer should consider what help and support might be appropriate (e.g. a phased return to work and/or provision of a mentor), and also how best to manage the member of staff's contact with the child concerned, if still in the workplace.

Resignations and 'compromise agreements'

15.2.17

Every effort should be made to reach a conclusion in all cases even if:

• The individual refuses to cooperate, having been given a full opportunity to answer the allegation and make representations;
• It may not be possible to apply any disciplinary sanctions if a person's period of notice expires before the process is complete

15.2.18

Compromise agreements' must not be used (i.e. where a member of staff agrees to resign provided that disciplinary action is not taken and that a future reference is agreed). 

Organised and historical abuse

15.2.19

Investigators should be alert to signs of organised or widespread abuse and/or the involvement of other perpetrators or institutions.  They should consider whether the matter should be dealt with in accordance with complex abuse procedures which, if applicable, will take priority. See section 14. Organised and complex abuse.

15.2.20

Historical allegations should be responded to in the same way as contemporary concerns.  It will be important to ascertain if the person is currently working with children and if that is the case, to consider whether the current employer should be informed. See section 5.21. Historical abuse.

Whistle-blowing

15.2.21

All staff should be made aware of the organisation's whistle-blowing policy and feel confident to voice concerns about the attitude or actions of colleagues. 

15.2.22

If a member of staff believes that a reported allegation or concern is not being dealt with appropriately by their organisation, they should report the matter to the LADO. See also section 18. LSCBs, quality assurance and conflict resolution.

Timescales

15.2.23

It is in everyone's interest for cases to be dealt with expeditiously, fairly and thoroughly and for unnecessary delays to be avoided. The target timescales provided in the flowchart towards the end of this section of the London Child Protection Procedures are realistic in most cases, but some cases will take longer because of their specific nature or complexity.

15.3.1

An allegation against a member of staff may arise from a number of sources (e.g. a report from a child, a concern raised by another adult in the organisation, or a complaint by a parent).

Initial action by person receiving or identifying an allegation or concern

15.3.2

The person to whom an allegation or concern is first reported should treat the matter seriously and keep an open mind.

15.3.3

They should not:

• Investigate or ask leading questions if seeking clarification;
• Make assumptions or offer alternative explanations;
• Promise confidentiality, but give assurance that the information will only be shared on a 'need to know' basis.

15.3.4

They should:

• Make a written record of the information (where possible in the child / adult's own words), including the time, date and place of incident/s, persons present and what was said;
• Sign and date the written record;
• Immediately report the matter to the designated senior manager, or deputy in their absence or where the senior manager is the subject of the allegation.

Initial action by the designated senior manager

15.3.5

When informed of a concern or allegation, the designated senior manager should not investigate the matter or interview the member of staff, child concerned or potential witnesses. They should:

• Obtain written details of the concern / allegation, signed and dated by the person receiving (not the child / adult making the allegation);
• Approve and date the written details;
• Record any information about times, dates and location of incident/s and names of any potential witnesses;
• Record discussions about the child and/or member of staff, any decisions made, and the reasons for those decisions.

15.3.6

If the allegation meets the criteria in section 15.1 above, the designated senior manager should report it to the LADO within one working day. Referral should not be delayed in order to gather information and a failure to report an allegation or concern in accordance with procedures is a potential disciplinary matter.

15.3.7

If an allegation requires immediate attention, but is received outside normal office hours, the designated senior manager should consult the LA children's social care emergency duty team or local police and inform the LADO as soon as possible.

15.3.8

If a police officer receives an allegation, they should, without delay, report it to the designated detective sergeant on the child abuse investigation team (CAIT). The detective sergeant should then immediately inform the LADO.

15.3.9

Similarly an allegation made to LA children's social care should be immediately reported to the LADO.

Initial consideration by the designated senior manager and the local authority designated person

15.3.10

There are up to three strands in the consideration of an allegation:

• A police investigation of a possible criminal offence;
• Social care enquiries and/or assessment about whether a child is in need of protection or services;
• Consideration by an employer of disciplinary action.

15.3.11

The LADO and designated senior manager should consider first whether further details are needed and whether there is evidence or information that establishes that the allegation is false or unfounded. Care should be taken to ensure that the child is not confused as to dates, times, locations or identity of the member of staff.

15.3.12

If the allegation is not demonstrably false and there is cause to suspect that a child is suffering or is likely to suffer significant harm, the LADO should refer to LA children's social care and ask them to convene an immediate strategy meeting / discussion.

15.3.13

The police must be consulted about any case in which a criminal offence may have been committed. If the threshold for significant harm is not reached, but a police investigation might be needed, the LADO should immediately inform the police and convene an initial evaluation (similar to strategy meeting / discussion), to include the police, employer and other agencies involved with the child.

15.3.14

References in this document to 'strategy meetings / discussions' should be read to include 'initial evaluations' where appropriate.

Strategy meeting / discussion

15.3.15

Wherever possible, a strategy meeting / discussion should take the form of a meeting. However, on occasions a telephone discussion may be justified.  The following is a list of possible participants:

• LADO;
• Social care manager to chair (if a strategy meeting);
• Relevant social worker and their manager;
• Detective sergeant;
• Designated senior manager for the employer concerned;
• Human resources representative;
• Legal adviser where appropriate;
• Senior representative of the employment agency or voluntary organisation if applicable;
• Manager from the fostering service provider when an allegation is made against a foster carer;
• Supervising social worker when an allegation is made against a foster carer;
• Those responsible for regulation and inspection where applicable (e.g. CSCI or Ofsted);
• Consultant paediatrician;
• Where a child is placed or resident in the area of another authority, representative/s of relevant agencies in that area;
• Complaints officer if the concern has arisen from a complaint.

15.3.16

The strategy meeting / discussion should:

• Decide whether there should be a s47 enquiry and / or police investigation and consider the implications; 
• Consider whether any parallel disciplinary process can take place and agree protocols for sharing information;
• Consider the current allegation in the context of any previous allegations or concerns;
• Where appropriate, take account of any entitlement by staff to use reasonable force to control or restrain children (e.g. s550a Education Act 1996 in respect of teachers and authorised staff);
• Consider whether a complex abuse investigation is applicable;
• Plan enquiries if needed, allocate tasks and set timescales;
• Decide what information can be shared, with whom and when.

15.3.17

The strategy meeting / discussion should also:

• Ensure that arrangements are made to protect the child/ren involved and any other child/ren affected, including taking emergency action where needed;
• Consider what support should be provided to all children who may be affected;
• Consider what support should be provided to the member of staff and others who may be affected;
• Ensure that investigations are sufficiently independent;
• Make recommendations where appropriate regarding suspension, or alternatives to suspension;
• Identify a lead contact manager within each agency;
• Agree protocols for reviewing investigations and monitoring progress by the LADO, having regard to the target timescales;
• Consider issues for the attention of senior management (e.g. media interest, resource implications);
• Consider reports for consideration of barring;
• Consider risk assessments to inform the employer's safeguarding arrangements;
• Agree dates for future strategy meetings / discussions.

15.3.18

A final strategy meeting / discussion should be held to ensure that all tasks have been completed and, where appropriate, agree an action plan for future practice based on lessons learnt.

Allegations against staff in their personal lives

15.3.19

If an allegation or concern arises about a member of staff, outside of their work with children, and this may present a risk of harm to child/ren for whom the member of staff is responsible, the general principles outlined in these procedures will still apply.

15.3.20

The strategy meeting / discussion should decide whether the concern justifies:

• Approaching the member of staff's employer for further information, in order to assess the level of risk of harm; and / or
• Inviting the employer to a further strategy meeting / discussion about dealing with the possible risk of harm.

15.3.21

If the member of staff lives in a different authority area to that which covers their workplace, liaison should take place between the relevant agencies in both areas and a joint strategy meeting / discussion convened.

15.3.22

In some cases, an allegation of abuse against someone closely associated with a member of staff (e.g. partner, member of the family or other household member) may present a risk of harm to child/ren for whom the member of staff is responsible.  In these circumstances, a strategy meeting / discussion should be convened to consider:

• The ability and/or willingness of the member of staff to adequately protect the child/ren;
• Whether measures need to be put in place to ensure their protection;
• Whether the role of the member of staff is compromised.

Disciplinary or suitability process and investigations

15.4.1

The LADO and the designated senior manager should discuss whether disciplinary action is appropriate in all cases where:

• It is clear at the outset or decided by a strategy meeting / discussion that a police investigation or LA children's social care enquiry is not necessary; or
• The employer or LADO is informed by the police or the Crown Prosecution Service that a criminal investigation and any subsequent trial is complete, or that an investigation is to be closed without charge, or a prosecution discontinued.

15.4.2

The discussion should consider any potential misconduct or gross misconduct on the part of the member of staff, and take into account:

• Information provided by the police and / or LA children's social care;
• The result of any investigation or trial;
• The different standard of proof in disciplinary and criminal proceedings.

15.4.3

In the case of supply, contract and volunteer workers, normal disciplinary procedures may not apply.  In these circumstances, the LADO and employer should act jointly with the providing agency, if any, in deciding whether to continue to use the person's services, or provide future work with children, and if not, whether to make a report for consideration of barring or other action. See section 15.7 Referral to List 99, POCA List or regulatory body.

15.4.4

If formal disciplinary action is not required, the employer should institute appropriate action within three working days.  If a disciplinary hearing is required, and further investigation is not required, it should be held within 15 working days.

15.4.5

If further investigation is needed to decide upon disciplinary action, the employer and the LADO should discuss whether the employer has appropriate resources or whether the employer should commission an independent investigation because of the nature and/or complexity of the case and in order to ensure objectivity. The investigation should not be conducted by a relative or friend of the member of staff.

15.4.6

The aim of an investigation is to obtain, as far as possible, a fair, balanced and accurate record in order to consider the appropriateness of disciplinary action and / or the individual's suitability to work with children. Its purpose is not to prove or disprove the allegation.

15.4.7

If, at any stage, new information emerges that requires a child protection referral, the investigation should be held in abeyance and only resumed if agreed with LA children's social care and the police. Consideration should again be given as to whether suspension is appropriate in light of the new information.

15.4.8

The investigating officer should aim to provide a report within ten working days. 

15.4.9

On receipt of the report the employer should decide, within two working days, whether a disciplinary hearing is needed. If a hearing is required, it should be held within 15 working days.

Sharing information for disciplinary purposes

15.4.10

Wherever possible, police and LA children's social care should, during the course of their investigations and enquiries, obtain consent to provide the employer and/or regulatory body with statements and evidence for disciplinary purposes.

15.4.11

If the police or CPS decide not to charge, or decide to administer a caution, or the person is acquitted, the police should pass all relevant information to the employer without delay.

15.4.12

If the person is convicted, the police should inform the employer straight away so that appropriate action can be taken.

Record keeping

15.5.1

Employers should keep a clear and comprehensive summary of the case record on a person's confidential personnel file and give a copy to the individual.  The record should include details of how the allegation was followed up and resolved, the decisions reached and the action taken. It should be kept at least until the person reaches normal retirement age or for ten years if longer.

Monitoring progress

15.5.2

The LADO should monitor and record the progress of each case, either fortnightly or monthly depending on its complexity.  This could be by way of review strategy meetings / discussions or direct liaison with the police, LA children's social care, or employer, as appropriate.  Where the target timescales cannot be met, the LADO should record the reasons.

15.5.3

The LADO should keep comprehensive records in order to ensure that each case is being dealt with expeditiously and that there are no undue delays.  The records will also assist the LSCB to monitor and evaluate the effectiveness of the procedures for managing allegations and provide statistical information to the Department for Education (DfE) as required.

15.5.4

If a police investigation is to be conducted, the police should set a date for reviewing its progress and consulting the CPS about continuing or closing the investigation or charging the individual.  Wherever possible, this should be no later than four weeks after the strategy meeting / discussion.  Dates for further reviews should also be agreed, either fortnightly or monthly depending on the complexity of the investigation. 

15.6.1

Where it is concluded that there is insufficient evidence to substantiate an allegation, the Chair of the strategy meeting / discussion or initial evaluation should prepare a separate report of the enquiry and forward this to the designated senior manager of the employer to enable them to consider what further action, if any, should be taken.

15.6.2

False allegations are rare and may be a strong indicator of abuse elsewhere which requires further exploration.  If an allegation is demonstrably false, the employer, in consultation with the LADO, should refer the matter to LA children's social care to determine whether the child is in need of services, or might have been abused by someone else. 

15.6.3

If it is established that an allegation has been deliberately invented, the police should be asked to consider what action may be appropriate.

Substantiated allegations

15.7.1

If an allegation is substantiated and the person is dismissed or the employer ceases to use the person's services (the employer withdraws permission to engage in regulated or controlled activity, see 15.7.10 and 15.7.12, below), or the person resigns or otherwise ceases to provide their services, the LADO should make a referral to the Independent Safeguarding Authority.

15.7.2

If a referral is to be made, it should be submitted within one month of the allegation being substantiated.

Independent Safeguarding Authority

15.7.3

The Independent Safeguarding Authority (ISA) was created under the Safeguarding Vulnerable Groups Act 2006 to help prevent unsuitable people from working or volunteering with children and vulnerable adults in England, Wales and Northern Ireland.  See also section 1. Vetting and Barring Scheme.

15.7.4

The ISA has four statutory duties, to:

• Maintain a list of individuals barred from engaging in regulated activity with children - the ISA Children's barred list - [Replacing the previous barred lists - the Protection of Vulnerable Adults (POVA) list, Protection of Children Act (POCA) list and List 99 in England and Wales; the Disqualification from Working with Children (DWC) List, the Unsuitable Persons List (UP List) and the Disqualification from Working with Vulnerable Adults (DWVA) List in Northern Ireland; and the criminal justice system of Disqualification Orders.];
• Maintain a list of individuals barred from engaging in regulated activity with vulnerable adults - the ISA Vulnerable Adults barred list - [see note above];
• Make well-informed and considered decisions about whether an individual should be included in one or both barred lists; and
• Reach decisions as to whether to remove an individual from a barred list.

15.7.5

The ISA will receive referrals when:

• there is harm or risk of harm to children or vulnerable adults, relevant conduct has occurred; or
• an individual has received a caution or conviction for a relevant offence.

15.7.6

Relevant conduct - [Safeguarding vulnerable groups Act 2006, schedule 3 sections 4(1) and 10(1)] - is any conduct:

• That endangers a child or vulnerable adult or is likely to endanger a child or vulnerable adult;
• If repeated against or in relation to a child or vulnerable adult, would endanger them or would be likely to endanger them;
• That involves sexual material relating to children (including possession of such material);
• That involves sexually explicit images depicting violence against human beings (including possession of such images), if it appears to ISA that the conduct is inappropriate; or
• Of a sexual nature involving a child or vulnerable adult, if it appears to ISA that the conduct is inappropriate.

15.7.7

A relevant offence for the purposes of referrals to ISA is an automatic inclusion offence as set out in the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 and the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009.

ISA system

15.7.8

The key elements of the system include:

• Regulated activity commenced;
• The scope of sectors covered by the barred lists to include prisons and most general health care settings;
• Introduction of a single ISA Referral Form, supported by ISA Referral Guidance;
• New duties to share information and make referrals to the ISA for regulated activity providers, personnel suppliers, keepers of registers, supervisory bodies, local authorities, Education and Library Boards and HSC bodies; and
• The above bodies also have an existing duty to provide information they hold to the ISA on request.

Bodies with a duty to refer

15.7.9

The following groups have a legal duty to refer information to the ISA in certain circumstances:

• Regulated activity providers;
• Personnel suppliers (employment agency, employment business or an educational institution);
• Local authorities;
• Health and Social Services (HSS) bodies;
• Education and Library Boards;
• Keepers of registers; and
• Supervisory authorities.

15.7.10

Regulated activity - [Safeguarding vulnerable groups Act 2006, schedule 4 ] - includes:

• Activity of a specified nature (i.e. teaching, training, instruction, care, supervision, advice, guidance, treatment, therapy or transport) that involves contact with children or vulnerable adults on a frequent, intensive or overnight basis:
  • Frequent = once a week or more
  • Intensive = Four or more days in any period of 30 days or
  • Overnight = between 2am and 6am

or

• Activity in a specified place (i.e. schools, childcare premises including nurseries, residential homes for children, children's hospitals, children's detention centres, adult care homes or residential care or nursing homes) that provides the opportunity for contact with children or vulnerable adults on a frequent, intensive or overnight basis.

15.7.11

A regulated activity provider is an organisation or individual that is responsible for the management or control of regulated activity, paid or unpaid, and makes arrangements for people to work in that activity e.g. statutory agencies such as the NHS, voluntary agencies such as NSPCC, Barnardos or a scout or faith group leader who manages volunteers.

15.7.12

Controlled activities include frequent or intensive support work in general health settings, the NHS and further education settings; and people working for specified organisations with frequent access to sensitive records about children.

Referring to ISA

15.7.13

One of the bodies in 15.7.9 above must make a referral to the ISA when both the following conditions have been met. The body:

1. Withdraws permission for an individual to engage in regulated or controlled activity, or would have done so had that individual not resigned, retired, been made redundant or been transferred to a position which is not regulated or controlled activity; because [the body]
2. Thinks that the individual has:
   • engaged in relevant conduct;
   • satisfied the Harm Test; or
   • received a caution or conviction for a relevant offence.

15.7.14

Controlled activities include frequent or intensive support work in general health settings, the NHS and further education settings; and people working for specified organisations with frequent access to sensitive records about children.

15.7.15

The harm test - [Safeguarding vulnerable groups Act 2006, schedule 3 section 5 and 11] - is satisfied if the relevant person believes that an individual may:

• Harm a child or vulnerable adult;
• Cause a child or vulnerable adult to be harmed;
• Put a child or vulnerable adult at risk of harm;
• Attempt to harm a child or vulnerable adult; or
• Incite another to harm a child or vulnerable adult.

15.8.1

The employer and the LADO should review the circumstances of the case to determine whether there are any improvements to be made to the organisation's procedures or practice.

15.9.1

It is recognised that many organisations will have their own procedures in place, some of which may need to take into account particular regulations and guidance (e.g. schools and registered child care providers). Where organisations do have specific procedures, they should be compatible with these procedures and additionally provide the contact details for:

• The designated senior manager to whom all allegations should be reported;
• The person to whom all allegations should be reported in the absence of the designated senior manager or where that person is the subject of the allegation;
• The LADO.