Allegation against a member of staff

TRULY SCRUMPTIOUS NURSERY Allegation against a member of staff

Statement

 It is essential that any allegation of abuse made against a member of staff, students, volunteers or bank staff in our setting is dealt with fairly, quickly and consistently. Should any staff member have a concern about the behaviour of a member of staff, this should be voiced immediately.

This policy will be adopted in respect of allegations that may indicate that a person is unsuitable to continue to work with children in their present position, or in any capacity. Our complaints and childrens protection procedure willbe followed alongside this policy.

Responsibility

All staff are to be aware that it is a disciplinary offence not to report concerns about the conduct of a colleague that could place a child at risk. When in doubt- consult the DLS

What is an allegation?

An allegation is defined as an complaint or concern that might indicate that a person who works with children has;

  1. Behaved in a way that has harmed a child, or may have harmed a child
  2. possibly committed a criminal offence against  or related to a child
  3. behaved towards a child or children in a way that indicated they may pose a risk of harm to children.

 

You should inform your manager or designated person (Patricia T/ Hayley B/ Brittany V) of any incidents where you feel the code of conduct has been breached.

In the absence of your manager or the designated person, Brittany, Lauren, or Darby (Romford) or Patricia, Hayley, or Kim (Ongar) in the instance that the concern is against your manager/designated person you are advised to contact the LADO (Local Authority Designated Officer) on 01708 431 653 (Havering) & 03330 139 797 (Essex) without delay.

Ofsted must be informed as soon as possible but within at least 14 days on 0300 123 1231 

YOU MUST NOT speak to the member of staff or adult concerned OR take any action about the allegation until you have spoken with the LADO, as this could jeopardise any possible subsequent investigation.

 

Allegation procedure

Handling allegations, particularly serious ones, is a complex and delicate process. All allegations need to be taken seriously. Good record keeping is essential to the success of child protection practises.

  1. Allegation is made: All allegations against staff or any observations of inappropriate behaviour by a member of staff should be brought to the attention of a senior member of management in the strictest confidence.
  2. Report allegation: The senior member of staff will notify LADO immediately. The manager must also report this allegation to Ofsted.
  3. Initiate allegation procedures: The LADO will decide whether the incident fits the criteria of an “Allegations against a member of staff” in other words: Did the alleged incident potentially cause harm to the child? Does the alleged incident constitute a criminal offence? Does the alleged incident suggest that this person is potentially unsuitable to work with children? Allegation’s procedures are clearly outlined in Safeguarding Children & Safer Recruitment in Education and should be held to the recommended timescales to avoid unnecessary distress to all involved.
  4. Workplace arrangements: The LADO will advise whether the member of staff should remain in the workplace or whether they should go on “gardening leave” or be suspended until the investigation is resolved. If the member of staff remains in the workplace, safeguards will be put into place to protect the member of staff and the child/children involved. The member of staff will be advised to contact their union representative (if applicable) and the senior member of staff will keep both the member of staff and the family up to date regarding timescales of meetings and the procedures being put in place.
  5. Strategy meeting: The LADO will schedule a strategy meeting with the representative from the setting and from the police. A new police check will be conducted prior to the strategy meeting to determine whether any previous incidents involving that member of staff are known and have not been declared.
  6. Decisions and next steps: Professionals at the strategy meeting will decide what next steps to take- these may include criminal proceedings, child protection procedures, disciplinary procedures, training needs, or no further action taken.

 Supporting those involved

Parents/carers of the child involved will be informed about the allegation as soon as possible if they are not already aware. This will be done in consultation with the Local Authority Designated Officer. We will ensure to keep parents/carers informed and updated of the progress of the case and be told the outcome, whether there will be crimincal prosecution or outcomes of disciplinary  processes.

In cases where a child may have suffered significant harm, or there may be criminal prosecution,childrens social care, or the police as appropriate will be consulted by the directors to consider what support the child/ren and families affected may need.

During investigations the member of staff alleged to have caused harm will:

• Be treated fairly and honestly and helped to understand the concerns expressed and process involved

• Be advised to contact any trade union or professional assossiation if they belong to one

•Be kept informed of the progress and outcome of any investigation and the implications for any disciplinary or related process;

• if suspended, the staff member is to be kept up to date about events in the workplace if considered relevant to their role, by the manager

 

 

Reviewed  August 2024