N.B. It is the local authority social services department that responds to reports about a child/adult at risk of abuse, neglect or harm, the term ‘social services’ will be used in these procedures rather than local authority
Each social services department will have their own arrangements for receiving reports in relation to allegations against practitioners/those in positions of trust.
As referred to previously the LADO/DOS has responsibility for receiving, responding to, decision making and monitoring all reports in relation to allegations against practitioners/those in positions of trust.
The initial decision
The LADO/DOS will make the necessary considerations following a report and will determine if the report requires progression into the Section 5 process. The report outcome decision be shared with the report maker at the earliest opportunity.
When Section 5 reports/referrals are received the LADO/DOS must record the referral outcome decision in the agreed client record system.
The LADO/DOS will use the 4 threshold criteria when considering any report and consideration of transferrable risk to any other employment/volunteering.
The LADO/DOS will discuss with the employer/reporting person what information should be provided to the person whom the allegation is being made against, taking account of any concurrent criminal investigations. Advice from the police might also be sought, where it is thought that a criminal investigation might be required. However, the employer is likely to be required by employment law to let their employee know at least the gist or substance of the allegation against them if it is to start its disciplinary processes against them, or if it takes action such as suspending the employee or re-assigning them in such a way as to significantly change their job role. The nature of the allegation should not be withheld from the individual unless there are specific documented reasons for doing so i.e. may put others at risk; impede a criminal investigation. The employer is responsible for its decisions in relation to its employee, and should take its own HR and/or legal advice as appropriate.
The level of detail and information being provided should be considered at all points throughout the processes, it is not a one-off decision to provide limited details because of other investigations/enquiries. This should be reviewed at all stages to ensure appropriate sharing of information.
Previous referrals must be taken into consideration when assessing risk and vulnerability against the threshold criteria. A culmination of low-level reported concerns that may not have previously met the threshold criteria, could indicate issues relating to suitability and risk and will need to be brought into the process.
If the initial decision is that this does not meet the threshold criteria to progress within the section 5 process, this will be communicated to the reporting agency. THIS DECISION MUST BE RECORDED
It may be that employers own internal processes should be used, or the report does not meet the criteria contained within these procedures.
The harm, risk and/or criminal activity may have taken place within a person’s private life and these situations must be considered in the same way as those where allegations/concerns are raised within a setting/workplace.