SECTION 6 - CHILD PROTECTION IN SPECIFIC CIRCUMSTANCES

Introduction

This section refers to the safety of children and young people in specific situations and should be read in conjunction with the other relevant sections of these procedures and, where relevant, other Durham procedures.  Matters of information sharing, confidentiality and data protection are covered in the Government guidance ‘What to do if you’re worried a child is being abused’ (2006) http://www.everychildmatters.gov.uk/_files/D9FECC5F6F3BC7B3FBD8950FC949AB09.pdf  and in the summary version of the same document http://www.everychildmatters.gov.uk/_files/Summary%20version.pdf and in the Multi Agency Information Sharing Guidance for covering the County Durham, Tees Valley And North Yorkshire area (March 2006).

Safeguarding the Unborn Baby

Referral

Where agencies or individuals anticipate that prospective parents may need support services to care for their baby or that the baby may be at risk of significant harm, a referral to Safeguarding & Specialist Services must be made after 20 weeks gestation unless the mother is known to abuse substances or where there are serious concerns for the unborn baby. 

Where the concerns centre around a category of parenting behaviour, e.g. substance misuse, the referrer must make clear how this is likely to impact on the baby and what risks are predicted.

• Delay must be avoided when making referrals in order to:

• provide sufficient time to make adequate plans for the baby’s protection;

• provide sufficient time for a full and informed assessment;

• avoid initial approaches to parents in the last stages of pregnancy, at what is already an emotionally charged time;

• enable parents to have more time to contribute their own ideas and solutions to concerns and increase the likelihood of a positive outcome to assessments;

• enable the early provision of support services so as to facilitate optimum home circumstances prior to the birth.

Concerns should be shared with prospective parent(s) and consent obtained to refer to Safeguarding & Specialist Services unless this action in itself may place the welfare of the unborn child at risk, e.g. if there are concerns that the parent(s) may move to avoid contact with Safeguarding & Specialist Services.

The first Review Child Protection Conference will be scheduled to take place within one month of the child’s birth.

Pre-Birth Initial Assessment & Threshold for Enquiries

A pre-birth Initial Assessment should be undertaken on all pre-birth referrals and a Strategy Meeting held where:

• there has been a previous unexplained death of a child whilst in the care of either parent;

• a parent or other adult in the household is a person identified as a risk to children;

• a sibling in the household is subject of a Child Protection Plan;

• a sibling has previously been removed from the household either temporarily or by a court order;

• domestic abuse is known to have occurred;

• the degree of parental substance misuse is likely to significantly impact on the baby’s safety or development;

• the degree of parental mental illness/impairment is likely to significantly impact on the baby’s safety or development;

• there are concerns about parental ability to self care and/or to care for the child, e.g. unsupported young mother or a mother with learning disabilities;

• any other concerns exist that the baby may be at risk of significant harm including a parent previously suspected of fabricated or inducing illness in a child.

Initial Multi-Disciplinary Planning Meeting

An Initial Multi-Disciplinary Planning Meeting must be held to plan the pre-birth assessment.

The meeting should be convened by Safeguarding & Specialist Services and arranged at a time when relevant professionals can attend.  It should be held during the 19th or 20th week of pregnancy (unless the previous circumstances apply where the pregnancy was not known). 

Agencies/professionals who should be invited to, and who should attend, the meeting include:

• Children in Need Team Manager and Social Worker;

• Senior Nurse Child Protection;

• Identified Midwife;

• The likely Health Visitor;

• The family GP (Calder 2003 proposes that it may be more realistic for the Health Visitor to collate any relevant health information and bring it to the meeting);

• A representative of any local family centre or equivalent, where appropriate;

• Any other professional involved with the family.

It is essential that information held by the Police and the Senior Nurse Child Protection (or equivalent) is obtained.

The meeting should specify what type of multi-disciplinary pre-birth assessment is to be undertaken and if a s47 enquiry is required.  If held late in the pregnancy it is essential that there is a clear plan regarding the birth of the baby. 

A date must be set for a further Multi-Disciplinary Planning Meeting to receive the completed multi-disciplinary pre-birth assessment report.

The assessment plan must be consistent with standards required for possible court proceedings, including clear letters of instruction.

Parents must be informed following the meeting. 

Pre-Birth s47 Enquiry & Core Assessment

This must identify:

• risk factors;

• strengths in the family environment;

• factors likely to change and why;

• factors that might change, how and why;

• factors that will not change and why.

A concluding risk assessment must make recommendations regarding the need, for a pre-birth child protection conference which should wherever possible be held 10 weeks prior to the expected date of delivery or earlier if a premature baby is likely.

Pre-Birth Child Protection Conference

Purpose

A pre-birth child protection conference is an Initial Child Protection Conference concerning an unborn child.  Such a conference has the same status and purpose and must be conducted in a similar manner to an Initial Child Protection Conference.

Threshold Criteria

Pre-birth child protection conferences must always be convened where there is a need to consider if an inter-agency Child Protection Plan is required.  This decision will usually follow from a pre-birth assessment.

A pre-birth child protection conference must be held where:

• a previous child has died or been removed from parent(s) as a result of significant harm.

• a child is to be born into a family or household where child/ren are subject to a Child Protection Plan.

• an offender who poses a risk to children resides in the household or is known to be a regular visitor.

Other risk factors which must be considered are:

• the impact of parental risk factors such as mental ill-health, learning disabilities, substance misuse and domestic abuse;

• any parent about whom there are concerns regarding their ability to self care and/or to care for the child;

• where a pre-birth assessment gives rise to concerns that an unborn child may be at risk of significant harm.

All agencies involved with a pregnant woman should consider the need for an early referral to Safeguarding & Specialist Services, so that assessments are undertaken and family support services are provided as early as possible in the pregnancy.

Timing of Conference

The pre-birth child protection conference should take place no more than 10 weeks before the expected date of delivery.

Where there is a history of premature birth, the conference should be held at an appropriate time to ensure adequate pre-birth planning.

Attendance

Those who normally attend an Initial Child Protection Conference must be invited, with the important addition of a representative of the Midwifery and Obstetric Services.

Parents or carers should be invited as they would be to other child protection conferences and should be fully involved in plans for the child’s future.  Refer to guidance in Section 4, Child Protection Process – Child Protection Conference.

Making an Unborn Baby Subject of a Child Protection Plan

If a decision is made to make a child subject of a Child Protection Plan, the Administrative Officer must record the following:

• “Unborn” should be recorded as the forename;

• Mother’s surname should be used to identify the surname of the unborn baby;

• Expected date of delivery must be recorded; 

• Mother’s date of birth and address.

The Keyworker should ensure that all changes in circumstances are notified to the relevant Administrative Officer in order to update the Child Protection List.

Where a pre-birth child protection conference is held and the child is not made subject of a Child Protection Plan, but it is considered that the child will be in need, the conference should make recommendations in respect of support for the baby and family.  

Protection & Support Planning

If it is decided to make the unborn baby subject to a Child Protection Plan, the Plan is to make explicit the actions to be undertaken, and by whom, immediately following the baby’s birth.  This is to ensure the baby’s protection until the Review Conference is held.   Points to be included in the Child Protection Plan are:

• identification of the Core Group members, including Keyworker, Co-worker, Midwifery Services, Health Visitor, Parent(s) and others as necessary.

• specifications regarding any continuing assessment in terms of what has to be done and by whom.

• identification of support services required, including the period the mother is in hospital.

• that if concerns arise at a Core Group meeting, the Core Group should consider the need for an immediate return to a child protection conference.

• contingency arrangements if the Child Protection Plan is not succeeding.

• that legal advice should be sought where necessary.

• that the hospital is to have contact details of the Keyworker/Team Manager.

• that the hospital is to inform Safeguarding & Specialist Services when the baby is born.

• the expectation that the parent(s) will follow medical advice regarding discharge of the baby.

• specific actions required to ensure the protection of the child in the period between birth and the Review Child Protection Conference, including the time the baby is in hospital.

• the details of any identified person who should not have contact with the baby.

• a statement to say whether the baby should go home with parent(s) or not.

• where the plan is that the baby should not go home with the parent(s), the action to be taken should there be any attempt to remove the baby from the hospital, including consideration of Police Protection or Emergency Protection Order.

• where the baby is not to go home with the parent(s), the contact arrangements and whether this is to be supervised and by whom.

• where appropriate, details of alternative carers.

• that a copy of the Child Protection Plan is available and Emergency Duty Team are aware of the plan.

• that if the baby is transferred or placed in a different hospital, a copy of the Child Protection Plan is to be sent immediately to the new venue.  Also refer to Cross Boundary Issues within this section. 

The pre-birth child protection conference must set a date for the Review Child Protection Conference, Note that where, exceptionally, the pre-birth child protection conference decides to wait longer than 10 working days after the birth, there should be a statement in the minutes of the pre-birth child protection conference as to why this was agreed.

Adult Mental Health & Child Welfare Issues
           
Introduction

The mental health and wellbeing of children and adults within families in which an adult carer is mentally ill are intimately linked in at least three ways:

• Parental mental illness can adversely affect the development and in some cases the safety of children;

• Growing up with a mentally ill parent can have a negative influence on the quality of that child’s adjustment in adulthood, including their transition to parenthood;

• Children, particularly those with emotional, behavioural or chronic physical difficulties, can precipitate or exacerbate mental ill health in their parents/carers.

Some key factors associated with mental illness which are likely to increase the risk to a child’s wellbeing are:

• the specific symptoms and characteristics of the parent’s disorder, or disorders, e.g. symptoms that impinge directly on a child, such as a parent who self harms, or has delusions which threaten a child’s safety and wellbeing or distort the child’s experience;

• any ill effects which the mental illness, or side effects of the treatment, may have on the parent’s functioning, particularly on his/her capacity to relate to and care for the child, e.g. if the parent is emotionally detached or unavailable to the child, or unable to be reliable in providing physical care such as routines, meals or getting the child to school, then the child is more likely to be affected;

• any effects such as loss of concentration that prevent the parent ensuring the child’s safety;

• both parents having mental health problems;

• any associated changes in the family structure or functioning, e.g. separation due to the parent’s hospital admission, additional strain on a well parent, parental relationship difficulties due to the mental ill health of one parent.

These must be balanced against protective factors such as:

• one or more other adults in the household/family network who can meet the child’s needs;

• cognitive skills or temperament of the child that enables him/her to understand and cope better than others with the adverse effects of the parent’s illness;

• good socio-economic circumstances, e.g. financial security, supportive social influences.

All agencies need to be alert to signs that children and parents need help and to the signs that a child or parent may be at risk.

It is essential to understand the interactions between various factors and influences which produce negative outcomes in children and adults.  There are a wide range of influences, including protective factors, which have been associated with successful adjustment in both parents and children, despite the adversities associated with parental mental illness.

Implications for Parents & Children

The fact that a parent experiences a mental illness does not automatically imply a negative impact on the parent-child relationship, nor does it suggest inevitable parental inability to parent and to adequately meet a child’s needs.  However, a conservative estimate is that a third of children living with a mentally ill parent will themselves develop significant psychological problems or disorders.  A further third will develop less severe emotional/behavioural difficulties which may nevertheless be significant for their longer term development.

Where there are issues regarding confidentiality refer to matters of information sharing, confidentiality and data protection are covered in the Multi-Agency Information Sharing Guidance covering the County Durham, Tees Valley and North Yorkshire area (March 2006).

Collaborative Working amongst Safeguarding & Specialist Services and
Adult & Community Services

There are some barriers in working with parents with mental health problems, which should be overcome by collaborative working.  Mental illness is often stigmatised and sufferers may fear being labelled as an unfit parent and conceal the full extent of their problems.  Similarly, workers may misinterpret this as concealing child maltreatment or may feel reluctant to raise issues of childcare.  Abuse or neglect could be an unintentional consequence of the parent’s symptoms and professionals may have insufficient knowledge and understanding of the impact of the parent’s symptoms and behaviour on a child’s health and development and be ill equipped to assess the risks and needs or intervene effectively.

Close liaison between Adult & Community Services and Safeguarding & Specialist Services is essential in the interests of children and their carers.  This requires sharing of information where it is necessary to safeguard the health and welfare of a child.  This should also be the approach, with the consent of the family, for children and their families in order to ensure holistic and preventive interventions. 

Additional needs of the child should also be taken into account in the context of the parent’s mental illness, for example, if a child has a condition which is not attributable to the parent’s illness, but impacts on the child’s development and family life, such as physical illness, physical disability, sensory impairment, or developmental delay or disorder.

The needs of a partner should also be taken into account, e.g. the additional stress or any of his/her own health problems and needs of a carer of the child and an adult with mental health difficulties.  The difficulties may be aggravated if the other parent is not able to offer positive protective factors to the child or is a perpetrator of domestic abuse or is abusive or neglectful to the child.

Key points in the child protection process:

• s47 enquiries should include relevant information from professionals in statutory and voluntary Adult Mental Health Services.

• Adult Mental Health professionals should be invited to child protection conferences.

• Care should be taken to consult all relevant Adult Mental Health professionals during each stage of the child protection process.

• There should be explicit and ongoing links between the Child Protection Plan for the child and the care plan for the parent, e.g. in relation to hospital admissions and discharges and child placement and contact issues.

• If a mentally ill woman is pregnant and there are concerns about the unborn baby there should be joint planning between Child & Young People’s Service professionals, Ante-Natal/Midwifery and Adult Mental Health Services.

• The additional vulnerability of babies and young children should be given particular safety consideration. 

Parental Substance Misuse & the Effects on Children

Introduction

Professionals working with substance misusing parents should recognise that children are not necessarily at risk of significant harm just because a parent uses substances.  Many children of substance misusing parents receive good parenting, stability and have all their needs fully met.  However professionals working with children should be alert to the possibility that substance misuse by a parent or carer may lead to a child being considered as a ‘child in need’ and may prevent a child from receiving the level or quality of care that they need.

“There is a reasonable basis in research to suggest that a child whose parent is misusing substances is at increased risk.   Substance misuse can demand a significant proportion of a parent’s time, money and energy, which will unavoidably reduce resources available to the child.  Substance misuse may also put the child at an increased risk of neglect and emotional, physical or sexual abuse, either by the parent or because the child becomes more vulnerable to abuse by others”.
 V Lewis, 1997(Hidden Harm Advisory Council for the Misuse of Drugs 2003)

Many substance misusing parents have a multiplicity of problems in addition to substance misuse such as unemployment, poor accommodation, financial pressure, court appearances and social isolation.  It is not the substance misuse in isolation that is an issue for families but the underlying and combined difficulties.

The most effective predictor of long-term adverse effects on children is the co-existence of family disharmony.  There is a complex inter-relationship between domestic abuse, substance misuse and mental illness.  It is the association between substance misuse and domestic abuse that gives the greatest risk of significant harm to a child.

All substance misuse is potentially harmful to a child but in particular the use of heroin and crack cocaine due to their greater health and social risks.  Some patterns are more harmful than others, including dependent use, poly-substance use, chaotic use and dual diagnosis of substance misuse and mental illness. Some combinations of drugs may have significant side effects altering the user’s behaviour, especially when bought off the streets.

Children’s physical, emotional, social, intellectual and developmental needs can be adversely compromised by their parent’s misuse of substances.  These affects may be through acts of omission or commission which have an adverse impact on the child’s welfare and development.

In cases were a newborn baby’s health has been compromised by maternal drug use, for example neonatal abstinence syndrome (a child showing features of withdrawal) a referral should be made to Safeguarding & Specialist Services.

Assessing whether there are Child Protection Concerns

Not all young people who use substances or whose parents use substances are in need of services or need protecting from risk of significant harm. 

This is dependent upon factors such as:

• home stability;

• contact with supportive people;

• age, maturity and understanding;

• informed choice;

• severity of substance use;

• type of substance used;

• financial stability.

The key action required is a full assessment, with the primary focus on the needs of the child rather than the parent’s drug use per se, which should be based on Framework for Assessment of Children in Need and their Families (DoH 2000) (See Appendix 4) in particular the issues in the assessment triangle which include:

• parenting capacity – inconsistency, children left to fend for themselves, blamed for adult distress and emotional unavailability of parents;

• family and environmental factors – unemployment, lack of food or heating, rejection by the community, exposure to criminal activities, exposure to drug use;

• the child’s developmental needs – under stimulation, poor school attendance, poor self esteem, risk of social exclusion, fear of family breakdown;

• the protective factors of families – one caring adult who offers protection to the child and family, a parent in drug treatment, one parent who does not misuse drugs, regular school attendance, unstigmatised support from professionals.

Whilst it may be necessary to provide information to the young person or family to prevent future risk, professionals should not intervene unnecessarily in the lives of a young person or their family.

In cases of parental/carer misuse of substances early intervention is recommended to prevent neglect of the children.  This intervention can be provided under the Children in Need Procedures.  For example, substance misuse is prioritised over buying food, heat, light or attention to the child.  Any one of these factors are initial indicators of a pattern of neglect developing.  Local research in Durham suggests that neglect is prevalent in cases featuring substance misuse.

In cases where there is a likelihood of actual significant harm information is shared with Safeguarding & Specialist Services within the child protection timescales.  Where possible information should be given with the young person’s consent but if necessary without consent.

At times where parental drug misuse changes in nature a reassessment of the child/ren’s needs should be made.

Further Guidance

Further detailed guidance can be found in:

• Substance Misuse Practice Guidance; Durham LSCB April 2004.

• A Multi-Agency Approach to Substance Misuse in Pregnancy; County Durham & Darlington Acute Hospitals Trust 2003

• Hitting the Target; Durham Education

Allegations against Staff, Carers & Volunteers

Management of Allegations

These procedures are based on the framework for dealing with allegations of abuse made against a person who works with children, detailed in Chapter 6 and Appendix 5 of Working Together 2006. They should be followed by all organisations providing services for children and staff or volunteers who work with or care for children.

Compliance with these procedures will help to ensure that allegations of abuse are dealt with expeditiously, consistent with a thorough and fair process. Durham LSCB will need to develop a process to ensure that arrangements are in place for monitoring and evaluating their effectiveness.

These procedures should be applied when there is an allegation or concern that any person who works with children, in connection with his/her 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 s/he is unsuitable to work with children.

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, e.g.:

• having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual.

• “grooming”, i.e. meeting a child under 16 with intent to commit a relevant offence.

• other “grooming” behaviour giving rise to concerns of a broader child protection nature, e.g. Inappropriate text/ e-mail messages or images, gifts, socialising, etc.

• possession of indecent photographs/pseudo-photographs of children.

    
All references in this document to ‘members of staff’ should be interpreted as meaning all staff, whether they are in a paid or unpaid capacity.

 Roles & Responsibilities

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 procedures;

• resolving any inter-agency issues;

• liaising with the LSCB on the subject.

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.

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.

 The Detective Inspector on each Police Vulnerability Unit will:

• have strategic oversight of the local police arrangements for managing allegations against staff and volunteers;

• liaise with LSCB on the issue;

• ensure compliance.

Each Police Vulnerability Unit should designate a Detective Sergeant(s) to:

• liaise with the Local Authority Designated Officer;

• take part in Strategy 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.

General Considerations relating to Allegations and Concerns of Abuse

Persons to be Notified

As soon as possible after an allegation is made, the employer should inform the parent(s) or carer(s) of the child/ren involved.  The Local Authority Designated Officer should be consulted first to ensure that this does not impede the disciplinary or investigative processes. In some circumstances, however, the parent(s)/carer(s) may need to be told straight away e.g. if a child is injured and requires medical treatment.

The parent(s)/carer(s) and the child, if sufficiently mature, should be helped to understand the processes involved and 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.

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, dismissal or referral to the barring lists or regulatory body.  Advice should first be sought from the Local Authority Designated Officer, the Police and/or Safeguarding & Specialist Services as they may want to impose restrictions on the information that can be provided.  

The 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.

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 Discussion.

The DFES should be informed of all allegations made against a foster carer, prospective adopter, or member of staff in a residential childcare facility.

Confidentiality

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 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.

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

The organisation together with Children’s Social Care (CSC) 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. 

As soon as possible after an allegation has been received, the accused member of staff should be advised to contact his/her 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

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.

The possible risks 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. 

If a Strategy Discussion is to be held or if Safeguarding & Specialist Services or Police are to make enquiries, the Local Authority Designated Officer 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. 

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 & ‘Compromise Agreements’

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

• the individual refuses to co-operate, 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.

‘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 & Historical Abuse

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 this section for Organised and Complex Abuse.

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.   

‘Whistle Blowing’

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. 

If a member of staff believes that a reported allegation or concern is not being dealt with appropriately by their organisation, s/he should report the matter to the Local Authority Designated Officer.  

Timescales

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 these procedures are realistic in most cases, but some cases will take longer because of their specific nature or complexity

Initial Response to an Allegation or Concern

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 or carer.

Initial Action by Person Receiving or Identifying an Allegation or Concern

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

S/he 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.

S/he 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 his/her absence or where the senior manager is the subject of the allegation. 

Initial Action by the Designated Senior Manager

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.  He/she should:

• obtain written details of the concern/allegation, signed and dated by the recipient (not the child/adult making the allegation)

• countersign 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.
  

If the allegation meets the criteria, the designated senior manager should report it to the Local Authority Designated Officer within one working day.  Referrals 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.

If an allegation requires immediate attention, but is received outside normal office hours, the designated senior manager should consult the Emergency Duty Team or local Police and inform the Local Authority Designated Officer as soon as possible.

If a Police Officer receives an allegation, s/he should, without delay, report it to the designated Detective Sergeant in the Vulnerability Unit. The Detective Sergeant should then immediately inform the Local Authority Designated Officer. 

Similarly an allegation made to should be immediately reported to the Local Authority Designated Officer. 

Initial Consideration by the Designated Senior Manager & the Local Authority Designated Officer

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

• A Police investigation of a possible criminal offence.

• Safeguarding & Specialist Services enquiries and/or assessment about whether a child is in need of protection or services.

• Consideration by an employer of disciplinary action.

 
The Local Authority Designated Officer 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.

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 Local Authority Designated Officer should refer to Safeguarding & Specialist Services and ask them to convene an immediate Strategy Discussion.

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 Local Authority Designated Officer should immediately inform the police and convene an initial evaluation (similar to Strategy Discussion), to include the Police, employer and other agencies involved with the child.

References in this document to ‘Strategy Discussions’ should be read to include ‘initial evaluations’ where appropriate.

Strategy Discussion/Meeting

Wherever possible, a Strategy 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:

• Local Authority Designated Officer;

• Children in Need Team Manager to Chair (if a Strategy Meeting);

• Relevant social worker and his/her manager;

• Designated Nurse Child Protection;

• Detective Sergeant (Vulnerability Unit);

• 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. DFES 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.

The Strategy 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 guidances 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. Section 550a 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.

The Strategy 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 guidance for reviewing investigations and monitoring progress by the Local Authority Designated Officer, 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 Discussions.

A final Strategy 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

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

The Strategy 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; and/or

• inviting the employer to a further Strategy Discussion about dealing with the possible risk.

If the member of staff lives in a different authority area to that which covers his/her workplace, liaison should take place between the relevant agencies in both areas and a joint Strategy Discussion convened.

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 to child/ren for whom the member of staff is responsible.  In these circumstances, a Strategy 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 & Investigations

The Local Authority Designated Officer 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 discussion that a Police investigation or Safeguarding & Specialist Services enquiry is not necessary; or

• The employer or Local Authority Designated Officer 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.

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 Safeguarding & Specialist Services;

• the result of any investigation or trial;

• the different standard of proof in disciplinary and criminal proceedings.

 In the case of supply, contract and volunteer workers, normal disciplinary procedures may not apply.  In these circumstances, the Local Authority Designated Officer 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.

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.

If further investigation is needed to decide upon disciplinary action, the employer and the Local Authority Designated Officer 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.

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.

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 Safeguarding & Specialist Services and Police.  Consideration should again be given as to whether suspension is appropriate in light of the new information.

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

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

Wherever possible Police and Safeguarding & Specialist Services 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.

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.

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

Record Keeping

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 10 years if longer.

Monitoring Progress

The Local Authority Designated Officer 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 Discussions or direct liaison with the Police, Safeguarding & Specialist Services, or employer, as appropriate.  Where the target timescales cannot be met, the Local Authority Designated Officer should record the reasons.

The Local Authority Designated Officer 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 DFES as required.

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 Discussion.  Dates for further reviews should also be agreed, either fortnightly or monthly depending on the complexity of the investigation. 

Unsubstantiated & False Allegations

Where it is concluded that there is insufficient evidence to substantiate an allegation, the Chair of the Strategy 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 her/him to consider what further action, if any, should be taken.

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 Local Authority Designated Officer, should refer the matter to Safeguarding & Specialist Services to determine whether the child is in need of services, or might have been abused by someone else. 

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

Referral to List 99, Protection Of Children Act (POCA) List or Regulatory Body

If the allegation is substantiated and the person is dismissed or the employer ceases to use the person’s services, or the person resigns or otherwise ceases to provide his/her services, the Local Authority Designated Officer should discuss with the employer whether a referral should be made to the DFES List 99 or Protection of Children Act List and/or a regulatory body, e.g. the General Teaching Council or General Medical Council.  Consideration will then be given as to whether the individual should be barred from, or have conditions imposed in respect of, working with children. 

If a referral is to be made, it should be submitted within 1 month.
 
Learning Lessons

The employer and the Local Authority Designated Officer should review the circumstances of the case to determine whether there are any improvements to be made to the organisation’s procedures or practice.

Procedures in Specific Organisations

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 Local Authority Designated Officer.

 Allegations against Carers

For the purpose of these procedures, the term ‘carer’ refers to formally approved foster carers (the response to private foster carers should be as per any other member of the public), short break carers and supported lodgings carers.

An allegation or child protection concern about a foster carer who is caring for a child, must be reported to the Safeguarding & Specialist Services in the area where the carer lives.

If the supervising Social Worker (fostering, short breaks) receives the allegation, her/his Team Manager must be informed and the referral passed to the relevant Children in Need Team.

The child’s Social Worker and the supervising Social Worker’s first line managers should consult and decide whether the complaint/concern/allegation is one of child protection or standards of care. If the latter, the matter should be dealt with under Fostering Procedures. This discussion must be recorded in both the child and carer’s files.

Where the managers decide that the concern/complaint/allegation is a child protection matter, the designated senior manager must be informed.

Any allegation about abuse or neglect of foster carers’ own child/ren must be responded to using these procedures.

Fostering staff should be informed and involved in the Strategy Meeting to provide information and consider the implications for current and future placements.

If the allegation relates to a foster placement in another authority, the referral must be made to that authority and dealt with under its local child protection procedures, also cross boundary procedures are to be applied.

Strategy Meeting (Carers)

A Strategy Meeting must take place within one working day wherever possible or a maximum of two working days from referral. Those present should be:

• the Chair of the Meeting (as determined by designated senior manager);

• the child’s Social Worker;

• the manager of child’s Social Worker;

• the supervising Social Worker (fostering, short breaks);

• the manager of the supervising Social Worker;

• the Social Workers for any other children within the placement.

• the Police Vulnerability Unit.

The Strategy Meeting must consider, in planning the enquiry:

• the significance of any previous allegations made against the carers or their family.

• the close inter-relationship between foster carers and Safeguarding & Specialist Services and the need to ensure the investigating Social Worker’s independence (who should not be the child’s Social Worker, or the supervising Social Worker, or a worker managed by the person with line responsibility for either worker).

• whether the child/ren remain in placement (decision making should be in the context of the best interests of the child; removal of child/ren should not be an automatic course of action; any plan to remove a child should be agreed by the Team Manager or equivalent third tier manager).

• what information is to be given to other children currently living in the carer’s household and those previously placed with the carers (including the need for Strategy Discussions/Meetings with regard to any of these children).

• the status of the carers, as co-workers and individuals who have a right to be heard.

• who will inform the carers of the allegation (when the Police are investigating, they will give specific input to this consideration).

• who will inform parent/s of the enquiry and when.

• the support to be provided to the child/ren in the placement, including the carer’s children.

• the support to be provided for the carers from the supervising Social Worker (fostering, short breaks).

• arrangements for the Chair to receive regular progress reports.

Support & Advice for Carers

The role of the Fostering Team (or equivalent) in the provision of support should be considered at the Strategy Meeting. 

The supervising Social Worker must consider any appropriate independent support for the carer, giving relevant information about contacts for legal advice and the role of the local and national foster care association (Fostering Network).

Conclusion of Enquiries

At the conclusion of enquiries a Strategy Meeting must be held to ensure all information is shared and plans are agreed for follow up work, including if justified, the removal of child/ren.

The supervising Social Worker must attend the follow up interview with the carer and his/her family, unless this is judged inappropriate.

If the allegation is substantiated, the supervising Social Worker must consult with his/her manager so as to initiate the Foster Care Review Procedures and notify the Fostering Panel.

If the allegation is not substantiated, this should be recorded and made clear to the carer so as to protect him/her, as far as possible, from lingering doubts and suspicions.

The foster carer has a right to receive details in writing of all decisions made and actions taken.

The managers of both the child’s Social Worker and the supervising Social Worker must consider whether any additional/individual support should be offered to the carer and his/her family at the end of the enquiry.

The above meeting and decisions arising from it must be put in writing and placed on both the child and carers’ files.

The outcome of any child protection enquiry involving a foster carer must be shared with the Fostering Panel.

Following conclusion and feedback of the results of all investigations, the supervising Social Worker should generally offer the carers the opportunity to discuss the process of the investigation, including its impact on the family and future implications for provision of care.

Whether or not concerns are substantiated, the Children in Need Team Manager or Service Manager should decide whether the details of the case should be presented to the LSCB, to consider if any lessons can be learnt and whether any change in policy or practice is required.

Allegations against approved Adopters

Safeguarding & Specialist Services  staff have obligations, comparable to those that apply to foster children, to visit and ensure the welfare of a child placed for adoption and whose prospective adopter has given notice of his/her intention to adopt.

In the event of an allegation with respect to a child placed for adoption (or about a prospective or approved adopter who has no chil