Employer/Organisation Responsibilities in Reporting

The employer of an individual against whom an allegation has been made, and/or their organisation or professional body, has a duty to complete risk assessments to assess which (if any) measures/actions need to be taken in relation to the individual, during safeguarding enquiries/investigations. These could include putting support or restrictions in place; consideration of alternative duties; etc. These arrangements should be made to safeguard all those involved and are the employers/organisations responsibility to make.

The actions taken should be shared with the LADO/DOS. It is the responsibility of the employer to ensure the suitability of the individual, and if they can safely continue in their role whilst this process is ongoing.

Employers are advised to consult their own internal disciplinary policies, and the ACAS Code of Practice, and to take advice from their HR function if available.

If the allegation has not come from within the employee’s organisation and has taken place

within another setting or within the employees’ personal life, then police and/or Social Services should inform the lead safeguarding officer within the employing agency/organisation that an allegation against a member of staff has been made.

Any person who has a concern about the conduct of a practitioner or person in a position of trust should:

• Seek advice and support from their line manager/lead safeguarding officer or if relevant their governing body
• Where appropriate make the report to social services (LADO/DOS)
• Employers have a responsibility to make a record of the allegation, any actions taken and by whom, in line with their agency policy. This must include the rationale for any decisions that have been made
• Support the completion of an appropriate risk assessment to ensure adults at risk and children are protected
• If the person is a foster carer or adult placement carer consideration must be given for the need for safe care arrangements for any other adults at risk or children within their care – refer to foster carer regulations
• Consider protective measures that may be required for any other adults at risk or children.
• The employer must seek advice from the Police and / or LADO about how much information can be disclosed to the practitioner/person in position of trust, subject to the allegation.
• The employer/relevant persons must provide welfare and well-being support to the practitioner/person in position of trust who has had a concern/allegation made against them.

Allegations where the individual is not directly employed by an Organisation/Agency/Self Employed

In some circumstances organisations will have to consider allegations about an individual not directly employed by them, where its employment procedures do not fully apply because agencies will have their own policies and procedures.

Employment Agencies should be fully involved and co-operate with any enquiries from the LADO/DOS, police and/or local authority safeguarding teams. The employing organisation/agency will usually take the lead because agencies do not have direct access to children/adults or other staff, nor will they have all the relevant information required by the LADO/DOS as part of the referral process.

The section 5 professional strategy meeting, which is arranged by the LADO/DOS, should address issues such as information sharing, to ensure that any previous concerns or allegations known to the agency or agencies are considered during the process.

When using a supply/employment agency, employers should inform the agency of the process for managing allegations but also take account of the agency policies and the duty placed on agencies to refer to the DBS as personnel suppliers. This should include inviting the agency’s human resource manager or equivalent to meetings and keeping them up to date with information about its policies.

Pointers for Practice: Manager-less Organisations