Pointers for Practice: Threshold Decision-Making Guidance

Purpose

This section provides clarity on distinguishing between allegations that meet the Section 5 threshold criteria and those that do not. It supports consistent, fair, and lawful decision making across agencies.

Threshold Criteria

An allegation must be considered under Section 5 if the individual who works (paid or unpaid) with children or adults at risk has:

• Behaved in a way that has harmed, or may have harmed, a child or adult at risk.
• Possibly committed a criminal offence against or related to a child or adult at risk.
• Behaved towards a child or adult in a way that indicates they may pose a risk of harm.
• Behaved in their personal life in a way that may indicate they pose a risk within their work or voluntary role.

Allegations That Meet Threshold

Examples of allegations requiring progression into the Section 5 process:

Physical Harm

Example: A care worker is alleged to have slapped an adult at risk during personal care.

Criminal Offence

Example: A teacher is arrested for possession of indecent images of children.

Risk of Harm Through Behaviour

Example: A sports coach is observed making sexually suggestive comments to young people during training.

Personal Life Impacting Suitability

Example: A domiciliary care worker is charged with domestic violence against their partner.

Key Practice Points

• Consider transferrable risk even if the incident occurred outside the workplace.
• Record all decisions and rationale in the agreed client record system.
• Seek advice from the LADO/DoS if unsure.

Allegations That Do NOT Meet Threshold

Examples of concerns that should be managed internally and do not meet Section 5 criteria:

Quality of Care Concern

Example: A staff member repeatedly fails to complete care plans accurately, but there is no evidence of harm or risk.

Policy Breach Without Harm

Example: A volunteer does not follow organisational dress code or punctuality requirements.

Practice Issue

Example: A health worker fails to follow infection control procedures, addressed through team training.

Low-Level Conduct Issue

Example: A teacher uses inappropriate language in a staff meeting, but there is no indication of harm or risk to children.

Key Practice Points

• Distinguish allegations from complaints and concerns.
• Record rationale for decisions not to progress under Section 5.
• Escalate patterns of low-level concerns if they indicate emerging risk.

Decision-Making Flow

1. Receive Report → Treat seriously, record factually, notify safeguarding lead.
2. Apply Threshold Criteria → Does the allegation meet one or more criteria?
3. Consider Transferrable Risk → Even if outside work context, assess risk to role.
4. Document Decisions → All decisions must be recorded in the agreed system.