Children’s Services Human Resources
Schools, Academies,
Educational
Establishments &
Support Services
Managers
Allegations of Abuse against
Teachers and other Staff
Date: January 2013
Children’s Services Human Resources
Children Act 1989
Education Act 2002
Children Act 2004 – Every Child Matters
Change for Children
Safeguarding Vulnerable Groups Act 2006
Education Act 2011
Children’s Services Human Resources
• 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)
Children’s Services Human Resources
• 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
Children’s Services Human Resources
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”
Children’s Services Human Resources
Disciplinary
Procedures
M
A
Complaints
Procedures
Child Protection
Procedures
Children’s Services Human Resources
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)
Children’s Services Human Resources
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
Children’s Services Human Resources
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
Children’s Services Human Resources
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
Children’s Services Human Resources
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
Children’s Services Human Resources
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
Children’s Services Human Resources
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
Children’s Services Human Resources
• 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
Children’s Services Human Resources
• 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
• 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
Children’s Services Human Resources
• 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
Children’s Services Human Resources
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