Policies and Procedures

1)    These procedures apply to all staff, regardless of position or role within the agency.  

The aim of these procedures is: 

•    To ensure that children and adults at risk are protected and supported following a safeguarding concern or allegation made against a Talent Fox temporary supply worker

•    To ensure that there is a fair, consistent and robust response to any safeguarding allegation made, so that any risk posed to other children or adults at risk is managed effectively

•    To ensure that an appropriate level of investigation into concerns or allegations takes place when the allegation is recent, or at any time the person in question has been employed or volunteered with Talent Fox 

•     To ensure that Talent Fox continues to fulfil its responsibilities towards members of staff, or volunteers who may be subject to such investigations 

•    To ensure Talent Fox  acts in accordance with legislation and guidance issued by Keeping Children Safe in and Working Together to Safeguard Families 2018

 

2)    Roles and responsibilities:

The Designated Safeguarding Officer (and Deputy, in some occasions) will have the responsibility for overseeing safeguarding allegations. 

 

3)    What is a safeguarding allegation:

 

Where it is alleged that any person working for or volunteering for Talent Fox has: 

 

•    Behaved in a way that has harmed a child, may have harmed a child, or might lead to a child being harmed 

•    Possibly committed or is planning to commit a criminal offence against a child or related to a child

•    Behaved towards a child, children or adult at risk in a way that indicates s/he is or would be unsuitable to work with children 

•    Behaved in a way that has harmed, or may have harmed, an adult at risk 

•    This applies if the allegation is about a current incident or has occurred historically 

 

The allegation may: 

 

•    Not directly identify a known child victim. For example, if a staff member or volunteer is accessing abusive images of children online or using the internet to groom children with the intent to harm in future 

•    Be about any type of abuse – physical, emotional, sexual or neglect 

•    Concern a breach of the Talent Fox  Safeguarding code of conduct and Policy on appropriate professional conduct 

•    Allegations of abuse that come to the NSPCC’s attention more than twelve months prior to the initial allegation being made are regarded as ‘non-recent’ abuse, also known as historic abuse 

 

 

 

 

Also consider: 

 

The importance of referring the allegation onward, the timescales and who to involve 

Understand your responsibilities and limitations for each referral process 

 

Remember the 4 R’s: 

 

- Recognise concerns that a child is being harmed or might be at risk of harm

- Respond appropriately to a child who is telling you what is happening to him or her

- Refer the concerns, if appropriate, to the LADO, police or children’s social care

- Record the concerns appropriately and any subsequent action taken; no delay in passing on concerns. Timescales are in place to ensure that matters are resolved in a timely way but these are the maximum allowed and nothing should prevent a speedy response if this is required 

 

4)    What to do if an allegation is made?

Where a person is subject to a safeguarding allegation, all actions taken should follow the Talent Fox Allegation  Policy.  The person who receives a safeguarding allegation must make a note of the basic details of the allegation, to include the: 

 

•    Name of the individual who the allegation is about and any other identifying information, including location 

•    Name of any children/adult at risk involved 

•    Date and time of the allegation arising 

•    Name and contact details of the person making the allegation 

•    Key information about the nature of the safeguarding allegation 

 

The person should then inform the DSO/Deputy DSO in the first instance and agree next steps to manage appropriately. The appointed DSO/Deputy DSO will follow procedures detailed within the managing safeguarding concerns process flowchart. 

 

5)    Action following initial consideration 

Where the allegation meets a certain criteria the DSO’s will discuss and agree the next steps, including liaising with appropriate third parties such as LADO, police, etc. 

 

The Designated Officer will: 

 

•    Liaise with the school/setting regarding the allegation made and obtain further details of the allegation and the circumstances in which it was made 

•    Discuss whether there is evidence/information that establishes the likelihood that the allegation is false or unfounded 

•    Convene a strategy discussion within procedural timelines in order to plan any actions such as a police investigation and/or protective action in respect of the young person risk if there is reason to suspect a child or adult at risk is suffering or likely to suffer significant harm, and/or a criminal offence may have been committed 

 

The member of staff/volunteer subject to the allegation should be informed by an appointed DSO that an allegation has been made and the appropriate letter with the additional documents identified within it sent out to him/her. However, where a strategy discussion is required with the authorities, or the police or children’s social care (or equivalent) may need to be involved, information about the allegation should not be shared until those agencies have agreed what information can be disclosed to the person who is the subject of the allegation.

6)    Suspension

In some cases, Talent Fox will decide to suspend the employee who is the subject of the allegation or cease to use the services of a volunteer on a temporary basis. 

The act of suspension does not indicate a person’s guilt, it is a neutral act. An individual must not be suspended automatically when there has been an allegation or without careful thought. Suspension should be considered in any case where: 

 

•    There is reason to suspect a child is at risk of significant and the allegation warrants investigation by the police 

•    The allegation is so serious that if substantiated might be grounds for dismissal 

•    There are concerns that the person about whom the allegations are made may put pressure on or interfere with potential witnesses 

•    The person by carrying out their normal duties may pose a risk to others and where this risk cannot be reasonably mitigated against through increased supervision or a temporary change of duties 

 

The DSO, in consultation with the above persons, will be responsible for deciding how and when to feedback to the person who made or received the allegation, and what information to give to relevant others who may know the accused individual concerned. 

 

7)    Action for following conclusion of investigation

At the conclusion of any investigations, the DSO will formally review the outcome and determine any further action required. Following completion of the internal investigation the DSO will complete a report detailing the relevant information, their actions and any recommendations. 

 

The school/setting and Consultant will need to be party to any decision. Options include: 

 

•    Reintegration of the staff member or volunteer 

•    Performance management or capability processes invoked 

•    Disciplinary process invoked, following the Disciplinary policy 

•    Referral to the Disclosure and Barring Service (DBS) (equivalents in the other nations) for consideration to be barred from working with children 

•    Referral to a professional registration/regulatory body, for example the Health Care Professions Council (HCPC), on the grounds of misconduct 

 

 

 

 

 

 

 

The following definitions will be used by the DSO when recording the outcome: 

 

•    Substantiated: there is sufficient identifiable evidence to prove the allegation 

•    False: there is sufficient evidence to disprove the allegation 

•    Malicious: there is clear evidence to prove that there has been a deliberate act to deceive and the allegation is entirely false 

•    Unfounded: there is no evidence or proper basis that supports the allegation being made. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively, they may not have been aware of all the circumstances 

•    Unsubstantiated: this is not the same as a false allegation. It means that there is insufficient evidence to prove the alleged behaviour occurred 

 

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

 

•    The individual refuses to cooperate, although s/he should be given a full opportunity to answer the allegation and make representations 

•    It is difficult to reach a conclusion 

•    The staff member is no longer employed or the volunteer has withdrawn his/her services 

 

The DSO must determine who needs feedback following the conclusion of any investigations and the nature of that feedback in accordance with the principles of data protection and confidentiality. This might include feedback to the temporary supply worker, school/setting and/or the person who raised the concern initially, and the line manager of the supply worker.  

 

The DSO must provide in writing feedback to the person who has been subject to the investigation, clarifying the outcome and any implications for their employment/volunteering. This should normally be provided within five working days of the conclusion of the investigation.

8)    Action in respect of unfounded or malicious allegations

If an allegation is determined to be unfounded or malicious, the DSO must consider if any further action is required to include: 

 

•    If the safeguarding allegation was made by a child then there is a need to consider if a referral to children’s social care is required to determine if that child is in need of services, or may have been abused by someone else 

•    If the safeguarding allegation was deliberately invented or raised maliciously by an adult then this could be discussed with the police and advice sought 

•    Whether disciplinary action is required; If the person making the malicious or unfounded allegation is a member of staff 

•    The support needs of the person that was the subject of the safeguarding allegation 

 

9)    Learning lessons

 

At the end of the process of managing an allegation and its conclusions, the DSO is responsible for the identification of any lessons to be learned about the procedure, the actions taken, and the support offered. This learning should feed into policy and procedural revisions as well as the safeguarding learning and development strategy.