Management of Allegations

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Children’s Services Human Resources

Guidance for

Schools, Academies,

Educational

Establishments &

Support Services

Managers

Allegations of Abuse against

Teachers and other Staff

Date: January 2013

Children’s Services Human Resources

Key Legislation

Children Act 1989

Education Act 2002

Children Act 2004 – Every Child Matters

Change for Children

Safeguarding Vulnerable Groups Act 2006

Education Act 2011

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Key Guidance

• Dealing with Allegations of Abuse against Teachers and other Staff – Guidance for Local Authorities,

Head Teachers, School Staff, Governing Bodies and

Proprietors of Independent Schools (DfE 2012)

• Guidance for Safer Working Practice for Adults who work with Children and Young People in Education

Settings (DCSF 2009)

• Joint NEOST/Teacher Union guidance: Staff Facing an Allegation of Abuse – Guidelines on Practice and

Procedures (2002)

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Key Points

• All schools should have procedures for dealing with allegations. The procedures should make it clear that all allegations should be reported immediately , normally to the Headteacher, Principal or Proprietor if it is an

Independent School.

• The procedures should also identify the person, often the

Chair of Governors, to whom reports should be made in the absence of the Headteacher; or in cases where the

Headteacher themselves is the subject of the allegation.

• Procedures should also include contact details for the

Local Authority Designated Officer (LADO) responsible for providing advice and monitoring cases.

Dealing with allegations of abuse against teachers and other staff – DfE 2012

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What is an Allegation

Information which comes to light, which alleges that a teacher or member of staff (including volunteers) in a school has :

 behaved in a way that has harmed or may have harmed a child

 possibly committed a criminal offence against or related to a child or

 behaved towards a child or children in a way that indicates he or she would pose a risk of harm if they work regularly of closely with children

“ It is important to ensure that even apparently less serious allegations are seen to be followed up, and they are examined objectively by someone independent of the organisation concerned”

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Disciplinary

Procedures

CONCER

M

A

Complaints

Procedures

Child Protection

Procedures

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Procedure 1

When an allegation is reported to a member of staff, that member of staff should:

• Take it seriously

• Clarify details – when, where, how, who

• Record, sign & date

• Seek medical attention if necessary

• Report immediately to HT (or Chair of Govs)

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Procedure 2

When the HT receives the allegation:

• Establish whether the allegation could have possibly occurred

• Collect any written statements

• Establish whether there were any witnesses

• Consult with Senior Adviser for Safeguarding

Children or Local Authority Designated

Officer (LADO)

DO NOT INVESTIGATE FURTHER OR

INTERVIEW ANYONE

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Procedure 3

The HT and Senior Adviser will consider:

• Whether or not the threshold for a Child

Protection investigation has been met.

• When and how to inform the child’s parents

• Whether or not to tell the member of staff

• Whether or not to suspend the member of staff

• Any necessary safeguards to implement

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Suspension

Suspension should not be automatic – alternatives should be considered.

Suspension should only be considered if:

• A child or children are deemed to be at risk

• Necessary to ensure investigation is not impeded or prejudiced

• Allegation is so serious that dismissal for gross misconduct is a possible outcome

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Strategy Meeting 1

If the threshold for a Child Protection investigation has been met:

• Referral to Access Centre

• Independently chaired, multi-agency meeting convened as soon as possible

• Subject of the investigation not invited

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Strategy Meeting 2

Purpose of Strategy Meeting:

• Consider the allegation and any previous allegations

• Consider the risk to the child and other children

• Share information about the adult and the child

• Determine the need for a CP enquiry and/or a criminal investigation

• Establish a clear plan with time scales

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Strategy Meeting 3

Possible outcomes of a Strategy Meeting:

• No further action

• Police investigation of a possible criminal offence

• Enquiries and assessment by Social Care about whether a child is in need of protection or services

• School investigation, supported by the LA

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Unfounded or Malicious?

• Consider the need to refer the child to Social

Care or Police

• Offer support to member of staff

• Consider the need to take action against the child using school’s disciplinary procedure

• Consider arrangements within school to protect staff

• Consider requesting enhanced CRB check

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Support for the Member of Staff

• Allegations that are found to be malicious should be removed from personnel records

• Any that are unsubstantiated, unfounded or malicious should not be referred to in employer references.

• Reporting restrictions introduced by the

Education Act 2011 prevent the publication of any material that may lead to the identification of a teacher who has been accused by a pupil from the same school.

Children’s Services Human Resources

DfE survey of LA allegations

(October 2011)

• About 40% of total allegations involved staff in schools

• Only 2% were judged to be ‘malicious’

• Another 19% (teachers) and 15% (non-teachers) were ‘unfounded’ – i.e. no basis

• That leaves about 28%/32% as ‘unsubstantiated’

• Over half of the allegations had enough substance to warrant a formal investigation

• 18% (teachers) and 29% (non-teachers) were suspended

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Nigel Leat – Y2 teacher

• Convicted in January 2012 of numerous sexual offences against young girls and possession of thousands of indecent images.

• 15 years in post and abusing children at the school for at least 10 of these

• 30 concerns identified by children, other staff and parents

• Only 11 recorded

• NONE reported to the Local Authority or acted upon

• ‘A lamentable failure of leadership and management’

• The school was twice rated ‘Outstanding’ for safeguarding

• The Serious Case review is on Edulink

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SAFE WORKING PRACTICE FOR

STAFF IN EDUCATION SETTINGS

An introduction leaflet for all staff and volunteers working with children to help establish safe working practice in schools, academies and all settings where children receive formal education

Children’s Services Human Resources

Dealing with Allegations of Abuse against School Staff - pilot training day

When: Monday 22 nd April 2013

Where: YFC Centre, Shires Farm, Hawford

Cost: £60

Audience: Headteachers, Senior Leaders,

Chairs of Governors

Trainers: Ben Whitney (Independent Trainer),

Sally Mills, Sue Dernie, John Dickinson

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