Managing Allegations Against Staff, Volunteers and Trustees

Section 1Allegations that may meet the harm threshold

This section follows the approach taken in Part 4 of Keeping Children Safe in Education. That guidance is statutory for schools and colleges and does not bind Being The Cure; BTC adopts its standards because they represent good practice and because the local authority designated officer operates the same framework for every organisation in the borough.

Who to contact. The Newham local authority designated officer is contacted on LADO@newham.gov.uk, or 0203 373 6706 (Alex Mihu, LADO) or 0203 373 0751 (Evelyn Millyard, Assistant LADO). A referral to the LADO should be made within one working day of an allegation being made, and the LADO should be consulted before any internal investigation begins and before the person concerned is spoken to, unless a child is in immediate danger, in which case call 999 first. Where a child may be at risk, a referral is also made to Newham MASH on 020 3373 4600 or MASH@newham.gov.uk.

An allegation is recorded on the Saturday School app at saturdayschool.beingthecure.org in the same way as any other safeguarding concern, and the case manager records each decision, each conversation with the LADO and each referral against that entry. Where the allegation concerns the person who would normally see the entry, the CEO or the Chair restricts visibility on the app before anything further is recorded.

Reporting to the Charity Commission. An allegation of abuse against a member of staff, a volunteer or a trustee is a reportable serious incident. The report is made by the trustees, or by someone they authorise, through the Charity Commission’s online service at rsi.charitycommission.gov.uk, as soon as is reasonably possible after the charity becomes aware of the incident. There is no email route for serious incident reports. Until every reportable serious incident has been reported, the trustees cannot complete the declaration in the annual return, which for a CIO is a statutory requirement at any level of income.

Referral to the Disclosure and Barring Service. Being The Cure is a regulated activity provider and carries the statutory duty to refer an individual to the DBS where it believes the individual has engaged in relevant conduct or satisfies the harm test, and the individual has been removed from regulated activity or would have been removed had they not left. A resignation does not remove the duty. Referrals are made at www.submit-a-barring-referral.service.gov.uk, or by post to DBS barring, PO Box 3963, Royal Wootton Bassett, SN4 4HH; the DBS may be contacted on 03000 200 190.

Teaching Regulation Agency. The teacher misconduct regime under section 141A of the Education Act 2002 covers teaching work at schools, sixth form colleges, 16 to 19 academies, relevant youth accommodation and children’s homes. It does not extend to BTC. Where the individual concerned also holds or has held a post in one of those settings, a referral to the Teaching Regulation Agency may be appropriate in addition to the DBS referral.

Mandatory reporting. Where the allegation is that a child sex offence has been or may have been committed, the reporting requirement in paragraph 9.7 of the Safeguarding and Child Protection Policy applies. No person at BTC may discourage, delay or prevent a report. Once sections 85 to 94 of the Crime and Policing Act 2026 are commenced, deterring a report will be a criminal offence carrying up to seven years’ imprisonment.

Suspension. Suspension is never automatic. It is considered only where there is a risk of harm to a child, where the allegation is so serious that dismissal for gross misconduct is possible, or where it is necessary to allow a fair investigation. Alternatives to suspension must be considered and recorded first. The decision is taken by the CEO, or by the Chair where the allegation concerns the CEO, after consulting the LADO, and the reasons are recorded in writing.

This section applies to all cases in which it is alleged that a current member of staff, including a supply teacher, volunteer or contractor, has:

1. 1.Behaved in a way that has harmed a child, or may have harmed a child, and/or
2. 2.Possibly committed a criminal offence against or related to a child, and/or
3. 3.Behaved towards a child or children in a way that indicates they may pose a risk of harm to children, and/or
4. 4.Behaved or may have behaved in a way that indicates they may not be suitable to work with children – this includes behaviour taking place both inside and outside of the settings/BTC premises

If we are in any doubt as to whether a concern meets the harm threshold, we will consult the local authority designated officer (LADO).

We will deal with any allegation of abuse quickly, in a fair and consistent way that provides effective child protection while also supporting the individual who is the subject of the allegation.

A ‘case manager’ will lead any investigation. This will be the CEO, or the safeguarding link trustee where the CEO is the subject of the allegation. The case manager will be identified at the earliest opportunity.

Our procedures for dealing with allegations will be applied with common sense and judgement.

1.1Suspension of the accused until the case is resolved.

Suspension of the accused will not be the default position, and will only be considered in cases where there is reason to suspect that a child or other children is/are at risk of harm, or the case is so serious that there might be grounds for dismissal. In such cases, we will only suspend an individual if we have considered all other options available and there is no reasonable alternative.

Based on an assessment of risk, we will consider alternatives such as:

1. 1.Redeployment within the charity so that the individual does not have direct contact with the child or children concerned
2. 2.Providing an assistant to be present when the individual has contact with children
3. 3.Redeploying the individual to alternative work within the charity so that they do not have unsupervised access to children
4. 4.Moving the child or children to classes where they will not come into contact with the individual, making it clear that this is not a punishment and parents/carers have been consulted
5. 5.Temporarily redeploying the individual to another role in a different location, for example to an alternative setting

If in doubt, the case manager will consult the board of trustees and seek views from the designated officer at the local authority, as well as the police and children’s social care where they have been involved.

1.2Definitions for outcomes of allegation investigations

1. 1.Substantiated: there is sufficient evidence to prove the allegation
2. 2.Malicious: there is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive, or to cause harm to the subject of the allegation
3. 3.False: there is sufficient evidence to disprove the allegation
4. 4.Unsubstantiated: there is insufficient evidence to either prove or disprove the allegation (this does not imply guilt or innocence)
5. 5.Unfounded: to reflect cases where there is no evidence or proper basis which supports the allegation being made

1.3Procedure for dealing with allegations

In the event of an allegation that meets the criteria above, the case manager will take the following steps:

1. 1.Conduct basic enquiries in line with local procedures to establish the facts to help determine whether there is any foundation to the allegation before carrying on with the steps below
2. 2.Discuss the allegation with the designated officer at the local authority. This is to consider the nature, content and context of the allegation and agree a course of action, including whether further enquiries are necessary to enable a decision on how to proceed, and whether it is necessary to involve the police and/or children’s social care services. (The case manager may, on occasion, consider it necessary to involve the police before consulting the designated officer – for example, if the accused individual is deemed to be an immediate risk to children or there is evidence of a possible criminal offence. In such cases, the case manager will notify the designated officer as soon as practicably possible after contacting the police)
3. 3.Inform the accused individual of the concerns or allegations and likely course of action as soon as possible after speaking to the designated officer (and the police or children’s social care services, where necessary). Where the police and/or children’s social care services are involved, the case manager will only share such information with the individual as has been agreed with those agencies
4. 4.Where appropriate (in the circumstances described above), carefully consider whether suspension of the individual from contact with children at BTC is justified or whether alternative arrangements such as those outlined above can be put in place. Advice will be sought from the designated officer, police and/or children’s social care services, as appropriate
5. 5.Where the case manager is concerned about the welfare of other children in the community or the individual’s family, they will discuss these concerns with the DSL and make a risk assessment of the situation. If necessary, the DSL may make a referral to children’s social care
6. 6.If immediate suspension is considered necessary, agree and record the rationale for this with the designated officer. The record will include information about the alternatives to suspension that have been considered, and why they were rejected. Written confirmation of the suspension will be provided to the individual facing the allegation or concern within 1 working day, and the individual will be given a named contact within the charity and their contact details
7. 7.If it is decided that no further action is to be taken in regard to the subject of the allegation or concern, record this decision and the justification for it and agree with the designated officer what information should be put in writing to the individual and by whom, as well as what action should follow both in respect of the individual and those who made the initial allegation
8. 8.If it is decided that further action is needed, take steps as agreed with the designated officer to initiate the appropriate action and/or liaise with the police and/or children’s social care services as appropriate
9. 9.Provide effective support for the individual facing the allegation or concern, including appointing a named representative to keep them informed of the progress of the case and considering what other support is appropriate.
10. 10.Inform the parents or carers of the child/children involved about the allegation as soon as possible if they do not already know (following agreement with children’s social care services and/or the police, if applicable). The case manager will also inform the parents or carers of the requirement to maintain confidentiality about any allegations made against teachers (where this applies) while investigations are ongoing. Any parent or carer who wishes to have the confidentiality restrictions removed in respect of a teacher will be advised to seek legal advice.
11. 11.Keep the parents or carers of the child/children involved informed of the progress of the case (only in relation to their child – no information will be shared regarding the staff member)
12. 12.Make a referral to the DBS where it is thought that the individual facing the allegation or concern has engaged in conduct that harmed or is likely to harm a child, or if the individual otherwise poses a risk of harm to a child.

We will inform Ofsted of any allegations of serious harm or abuse by any person living, working, or looking after children at the premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere), and any action taken in respect of the allegations. This notification will be made as soon as reasonably possible and always within 14 days of the allegations being made.

If the charity is made aware that the secretary of state has made an interim prohibition order in respect of an individual, we will immediately suspend that individual from teaching, pending the findings of the investigation by the Teaching Regulation Agency.

Where the police are involved, wherever possible BTC will ask the police at the start of the investigation to obtain consent from the individuals involved to share their statements and evidence for use in the charity’s disciplinary process, should this be required at a later point.

1.4Timescales

We will deal with all allegations as quickly and effectively as possible and will endeavour to comply with the following timescales, where reasonably practicable:

1. 1.Any cases where it is clear immediately that the allegation is unsubstantiated or malicious should be resolved within 1 week
2. 2.If the nature of an allegation does not require formal disciplinary action, appropriate action should be taken within 3 working days
3. 3.If a disciplinary hearing is required and can be held without further investigation, this should be held within 15 working days

However, these are objectives only and where they are not met, we will endeavour to take the required action as soon as possible thereafter.

1.5Specific actions

Action following a criminal investigation or prosecution

The case manager will discuss with the local authority’s designated officer whether any further action, including disciplinary action, is appropriate and, if so, how to proceed, taking into account information provided by the police and/or children’s social care services.

Conclusion of a case where the allegation is substantiated

If the allegation is substantiated and the individual is dismissed or the charity ceases to use their services, or the individual resigns or otherwise ceases to provide their services, the charity will make a referral to the DBS for consideration of whether inclusion on the barred lists is required.

If the individual concerned is a member of teaching staff, the charity will consider whether to refer the matter to the Teaching Regulation Agency to consider prohibiting the individual from teaching.

Individuals returning to work after suspension

If it is decided on the conclusion of a case that an individual who has been suspended can return to work, the case manager will consider how best to facilitate this.

The case manager will also consider how best to manage the individual’s contact with the child or children who made the allegation, if they are still attending the sessions.

Unsubstantiated, unfounded, false or malicious reports

If a report is:

1. 1.Determined to be unsubstantiated, unfounded, false or malicious, the DSL will consider the appropriate next steps. If they consider that the child and/or person who made the allegation is in need of help, or the allegation may have been a cry for help, a referral to children’s social care may be appropriate
2. 2.Shown to be deliberately invented, or malicious, the charity will consider whether any disciplinary action is appropriate against the individual(s) who made it

Unsubstantiated, unfounded, false or malicious allegations

If an allegation is:

1. 1.Determined to be unsubstantiated, unfounded, false or malicious, the LADO and case manager will consider the appropriate next steps. If they consider that the child and/or person who made the allegation is in need of help, or the allegation may have been a cry for help, a referral to children’s social care may be appropriate
2. 2.Shown to be deliberately invented, or malicious, the charity will consider whether any disciplinary action is appropriate against the individual(s) who made it

1.6Confidentiality and information sharing

The charity will make every effort to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated or considered.

The case manager will take advice from the LADO, police and children’s social care services, as appropriate, to agree:

• Who needs to know about the allegation and what information can be shared
• How to manage speculation, leaks and gossip, including how to make parents or carers of a child/children involved aware of their obligations with respect to confidentiality
• What, if any, information can be reasonably given to the wider community to reduce speculation
• How to manage press interest if, and when, it arises

1.7Record-keeping

The case manager will maintain clear records about any case where the allegation or concern meets the criteria above and store them on the individual’s confidential personnel file for the duration of the case.

The records of any allegation that, following an investigation, is found to be malicious or false will be deleted from the individual’s personnel file (unless the individual consents for the records to be retained on the file).

For all other allegations (which are not found to be malicious or false), the following information will be kept on the file of the individual concerned:

• A clear and comprehensive summary of the allegation
• Details of how the allegation was followed up and resolved
• Notes of any action taken, decisions reached and the outcome
• A declaration on whether the information will be referred to in any future reference

In these cases, the charity will provide a copy to the individual, in agreement with children’s social care or the police as appropriate.

Where records contain information about allegations of sexual abuse, we will preserve these for the Independent Inquiry into Child Sexual Abuse (IICSA), for the term of the inquiry. We will retain all other records at least until the individual has reached normal pension age, or for 10 years from the date of the allegation if that is longer.

1.8References

When providing employer references, we will:

1. 1.Not refer to any allegation that has been found to be false, unfounded, unsubstantiated or malicious, or any repeated allegations which have all been found to be false, unfounded, unsubstantiated or malicious
2. 2.Include substantiated allegations, provided that the information is factual and does not include opinions

1.9Learning lessons

After any cases where the allegations are substantiated, the case manager will review the circumstances of the case with the local authority’s designated officer to determine whether there are any improvements that we can make to the charity’s procedures or practice to help prevent similar events in the future.

This will include consideration of (as applicable):

• Issues arising from the decision to suspend the member of staff
• The duration of the suspension
• Whether or not the suspension was justified
• The use of suspension when the individual is subsequently reinstated. We will consider how future investigations of a similar nature could be carried out without suspending the individual

For all other cases, the case manager will consider the facts and determine whether any improvements can be made.

1.10Non-recent allegations

Abuse can be reported, no matter how long ago it happened.

We will report any non-recent allegations made by a child to the LADO in line with our local authority’s procedures for dealing with non-recent allegations.

Where an adult makes an allegation to the charity that they were abused as a child, we will advise the individual to report the allegation to the police.

Section 2Concerns that do not meet the harm threshold

The section is based on ‘Section 2: Concerns that do not meet the harm threshold’ in part 4 of Keeping Children Safe in Education.

This section applies to all concerns (including allegations) about members of staff, including supply teachers, volunteers and contractors, which do not meet the harm threshold set out in section 1 above.

Concerns may arise through, for example:

1. 1.Suspicion
2. 2.Complaint
3. 3.Safeguarding concern or allegation from another member of staff
4. 4.Disclosure made by a child, parent or other adult within or outside the charity
5. 5.Pre-employment vetting checks

We recognise the importance of responding to and dealing with any concerns in a timely manner to safeguard the welfare of children.

2.1Definition of low-level concerns

The term ‘low-level’ concern is any concern – no matter how small – that an adult working in or on behalf of the charity may have acted in a way that:

1. 1.Is inappropriate conduct inside or outside of work, and
2. 2.Does not meet the allegations threshold or is otherwise not considered serious enough to consider a referral to the designated officer at the local authority

Examples of such behaviour could include, but are not limited to:

1. 1.Being overly friendly with children
2. 2.Having favourites
3. 3.Taking photographs of children on their mobile phone
4. 4.Engaging with a child on a one-to-one basis in a secluded area or behind a closed door
5. 5.Humiliating children

2.2Sharing low-level concerns

We recognise the importance of creating a culture of openness, trust and transparency to encourage all staff to confidentially share low-level concerns so that they can be addressed appropriately.

We will create this culture by:

1. 1.Ensuring staff are clear about what appropriate behaviour is, and are confident in distinguishing expected and appropriate behaviour from concerning, problematic or inappropriate behaviour, in themselves and others
2. 2.Empowering staff to share any low-level concerns as set out in section 3 of the Staff and Volunteer Code of Conduct
3. 3.Empowering staff to self-refer
4. 4.Addressing unprofessional behaviour and supporting the individual to correct it at an early stage
5. 5.Providing a responsive, sensitive and proportionate handling of such concerns when they are raised
6. 6.Helping to identify any weakness in the charity’s safeguarding system

2.3Responding to low-level concerns

If the concern is raised via a third party, the CEO will collect evidence where necessary by speaking:

1. 1.Directly to the person who raised the concern, unless it has been raised anonymously
2. 2.To the individual involved and any witnesses

The CEO will use the information collected to categorise the type of behaviour and determine any further action, in line with the charity’s code of conduct. The CEO will be the ultimate decision-maker in respect of all low-level concerns, though they may wish to collaborate with the DSL.

2.4Record keeping

All low-level concerns will be recorded in writing. In addition to details of the concern raised, records will include the context in which the concern arose, any action taken and the rationale for decisions and action taken.

Records will be:

1. 1.Kept confidential, held securely and comply with the DPA 2018 and UK GDPR
2. 2.Reviewed so that potential patterns of concerning, problematic or inappropriate behaviour can be identified. Where a pattern of such behaviour is identified, we will decide on a course of action, either through our disciplinary procedures or, where a pattern of behaviour moves from a concern to meeting the harms threshold as described in section 1 of this policy, we will refer it to the designated officer at the local authority
3. 3.Retained at least until the individual leaves employment at the charity

Where a low-level concern relates to a supply teacher or contractor, we will notify the individual’s employer, so any potential patterns of inappropriate behaviour can be identified.

2.5References

We will not include low-level concerns in references unless:

1. 1.The concern (or group of concerns) has met the threshold for referral to the designated officer at the local authority and is found to be substantiated; and/or
2. 2.The concern (or group of concerns) relates to issues which would ordinarily be included in a reference, such as misconduct or poor performance