LADO Annual Report - Bath & North East Somerset Council

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LADO ANNUAL REPORT 2014-2015
Author: Jackie Deas, Deputy
Safeguarding Lead: Children and
Quality Assurance
June 2015
1
Contents
Page
1. Introduction
3
2. Background
3
3. The Work of the LADO
3
4. The South West LADO Group
9
5. Partnership Working and Training
9
6. Progress identified as areas for development from the 2013-2014 Plan
10
7. Areas for development during 2015-2016
10
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1. Introduction
1.1 This report provides an analysis of the work of the LADO (Local Authority
Designated Officer) during the period April 2014-March 2015. It reports on both
safeguarding enquiries and specific allegations which the LADO has responded to
and provides an analysis of the source, nature and outcomes of allegations. The
report also includes some of the wider work of the LADO and sets out some areas for
further development in 2015/16.
2. Background
2.1 The LADO role is held by the Deputy Safeguarding Lead: Children and Quality
Assurance. The LADO role is operational and alongside the post holder’s other
responsibilities, contributes to the overall quality assurance of safeguarding
arrangements. The LADO has valued administrative support and, with a recent
appointment of the Administrative Manager in the Safeguarding Admin Team, support
with ongoing modifications to the data management systems.
2.2 With the recent appointment of the Deputy Safeguarding Lead: Adults and Quality
Assurance, more consistent cover will be available to cover the LADO role. This will
help to forge the connection further with Adults Safeguarding and to ensure we are
sharing information and promoting a Safeguarding Service perspective on allegations
of harm to service users.
2.3 A national consultation on changes to Working Together to Safeguard Children
2013 was undertaken in January 2015. Two questions were raised concerning the
LADO role; should the role nationally be provided by Children’s Social Care functions
and should the role only be held by a qualified social worker. The revised version of
Working Together 2015 was published in March 2015 and agreed that referrals
relating to concerns about a child and allegations against those who work with
children should be dealt with in a coordinated manner and that newly appointed
LADOs should be qualified social workers. Although the guidance changes the title to
Designated Officer, the South West LADO Group has agreed to maintain the name of
LADO.
2.4 Keeping Children Safe in Education (DfE March 2015) also introduces the need
for Head Teachers to advise the LADO of any situations with a Disqualification by
Association where a waiver is being considered. The LADO keeps note of these
instances. To date, there have been two notifications to the LADO where
Disqualification by Association waiver is being considered in schools and one for a
member of a pre-school.
3. The Work of the LADO
3.1 Safeguarding Enquiries
All calls to the LADO are screened immediately and initial evaluation and advice is
given. Alongside specific allegations of abuse, the LADO deals with a large number of
general enquiries from professionals from a wide range of employment settings
across the Local Authority area. These enquiries are currently recorded in the LADO
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statistics as “safeguarding enquiry –not LADO”. These enquiries reflect emerging
issues which need attention and take up a significant portion of the LADO’s time. The
LADO will often undertake specific pieces of work with agencies as a result of
safeguarding enquiries.
In the period of this report, there were a total of 27 “safeguarding – not LADO”
enquiries and they are shown in the chart below by percentage.
Diagram 1 – Safeguarding Enquiries
7%
Enquiries about Adults
7%
Other ***
25%
Early Years *
****
14%
Childminders
7%
Health
7%
B&NES Staff
29%
Schools
4%
Foster Carers
The majority of enquiries are made by Schools, closely followed by Early Years
settings. These tend to be low level concerns about behaviour or an aspect of the
physical contact/handling of children. The employer will often require re-assurance
and advice about how to resolve these issues. 14% of safeguarding enquiries have
been about child minders and the LADO will liaise with Ofsted who will undertake
unannounced visits if they are concerned. 7% of calls have been passed on to Adult
Safeguarding by the LADO and this has highlighted a lack of awareness of Adult
Services for professionals who generally work with children and young people and
has enabled useful dialogue to take place.
Work undertaken by the LADO as a result of safeguarding enquiries will contribute to
promoting the welfare of children and young people and strengthen safeguarding
arrangements. Examples include:


Helping Supplementary Schools understand the Managing Allegations
Procedures and how the Local Authority can support and assist access to
appropriate training;
highlighting the need for language schools to be included in CP Forums and
communications from the Local Authority;
Assisting a school in dealing with further public interest in historical allegations.
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3.2 Allegations
The chart below shows the number of allegations over the last six years. The number
has remained relatively steady since 2010. These figures do not demonstrate any
spikes which may link to the “Saville effect” or the impact of Operation Yew Tree.
Table 1 Number of Allegations
During this period there have been, in total, 48 allegations of harm. 21 of these have
proceeded to a strategy meeting and 27 have been managed by the employing
agency with the LADO being involved in screening and direction.
The majority of the specific allegations of harm do not meet the threshold for a
strategy which could include the Police or Children’s Specialist Services and the
employer is then supported by the LADO to address the situation using their internal
processes. As part of the initial screening process, the LADO may have a discussion
with a decision maker from the Northern Safeguarding Unit in Avon and Somerset
Police for example in lower level cases where it is beneficial for a multi-agency
48cases where it may be unclear whether or not the
perspective to be sought, as well as
allegation meets the threshold for Police investigation.
The LADO is confident that this balance demonstrates, alongside the 27 safeguarding
enquiries that issues are being managed at an appropriate level and there is a record
in the LADO files of any individuals who may move up the threshold. In this period,
two cases have moved from an internal investigation to a strategy, one of which is
ongoing into 2015-16. By tracking the safeguarding enquiries, the LADO is able to
respond with knowledge of the concerns and will have established a relationship with
the employer.
3.3 Strategies
The chart below shows the breakdown by employing agency/sector of cases which
have proceeded to a strategy. The largest number of strategies has been undertaken
on staff employed by schools (education) and they are sub-divided below into
categories of harm. Please note that further to the strategies recorded below, there
were two strategies which were undertaken as Section 47 strategies led by Children’s
Specialist Services and one which was an issue in a member of staff’s personal life
which brings the total strategies attended/co-hosted by the LADO to 23.
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Diagram 2 – Breakdown of Strategies by Employing Agency
B&NES
Foster Carers
Health
Business
Early Years
Education
Out of the 20 strategies, 3 proceeded to a criminal investigation and each of these
was in the category of sexual harm. Two of these investigations are ongoing and 1
concluded with insufficient evidence to proceed to a charge. An internal disciplinary
procedure however resulted in a dismissal and referral to the DBS.
There has been a slight increase in reporting of allegations concerning foster carers
within the Bath and North East Somerset area. There have not been any referrals in
this period concerning children or young people placed by other local authorities in
Bath and North East Somerset Council but there have been allegations about carers
in other Local Authority areas with Bath and North East Somerset Council children
and young people in their care. The LADO is advised of these by the Children in Care
and Moving On Team who maintain active involvement with the monitoring of these
situations alongside the Independent Reviewing Officers. The LADO will monitor
these cases and discuss any ongoing concerns with the Placements Commissioning
Team, but they are handled by the LADO for the relevant area. It is important that any
safeguarding concerns are taken seriously and we ensure our Children in Care are as
safe as possible
The table below shows the categories of allegations which have proceeded to
strategy. It shows that the nature of allegations that have reached this threshold are
generally of a serious level with 9 being sexual harm - 7 of which were in a school
setting - and physical harm showing a total of 6 strategies, the majority again coming
from schools. The category “unsuitable to work with children” is used when the
concerning behavior does not fit any of the categories of harm yet is of a nature that
raises a more general concern about the individual’s suitability to work with children.
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Table 2 – Allegations proceeding to Strategy
10
9
8
7
6
5
4
3
2
1
0
Strategy Categories
Physical
Harm
Sexual Harm
Emotional
Harm
Unsuitable to
work with
children
Other
The table below shows the outcomes from Strategy meetings. The LADO is keen to
monitor timescales more closely in the next year to ensure a consistent recording of
the outcomes.
Table 3 – Outcomes of Strategies
8
7
6
5
4
3
2
Outcomes for Strategies
1
0
1. Substantiated: there is sufficient identifiable evidence to prove the allegation;
2. False: there is sufficient evidence to disprove the allegation;
3. Malicious: there is clear evidence to prove there has been a deliberate act to deceive and
the allegation is entirely false;
4. Unfounded: there is no evidence or proper basis which supports the allegation being made.
It might also indicate that the person making the allegation misinterpreted the incident or was
mistaken about what they saw. Alternatively they may not have been aware of all the
circumstances
5. Unsubstantiated: this is not the same as a false allegation. It means that there is
insufficient evidence to prove or disprove the allegation; the term therefore does not imply guilt
or innocence.
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There have been two cases of children in care who have made false allegations
against their foster carers. In both cases this has been in the context of over-arching
issues about their communication or conflict resolution and Children’s Specialist
Services will support the child and pick up any issues.
Further to the outcomes represented above, five members of staff have been
dismissed following strategies and been referred, when appropriate, to the Disclosure
and Barring Service ( DBS); two Final Written Warnings have been issued and one
Verbal Warning has been given. For the majority of staff who remain in post following
an investigation, there will be additional management support and training as
required.
3.4 Internal Investigations
A significant proportion of allegations, following screening by the LADO, are referred
back to the employing agency to undertake an internal investigation with support from
either Bath and North East Somerset Council Human Resources or their own
provider; the LADO was involved as a point of contact for advice. During the
timeframe covered by this report there were 27 internal investigations.
Table 4 - Internal Investigations by Agency
Again, the majority of investigations have been about staff in schools. It is not
surprising to note in this section that physical harm and unsuitable to work with
children are the categories featuring most. As with safeguarding enquiries the level of
harm in Internal Investigations cases can often involve inappropriate but not
necessarily harmful physical contact and this can often be dealt with by a warning and
management oversight. In the sexual harm category the incidents tend to be about
either language or behaviour which is sexually inappropriate and needs to be looked
at in more detail to ensure that there is no likelihood of more harmful behaviour
having taken place. There was no further action necessary on three of these four
cases.
3.5 Timescales
In line with national guidance, the local Managing Allegations Protocol requires a
referring agency to notify the LADO of any allegations within one working day of the
alleged incident taking place. The response to this expectation is variable. There is
some excellent practice and unfortunately there remain some sectors of the workforce
that start proceedings without advising the LADO; this can impact on the outcome.
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The LADO has adapted practice to be more pro-active with late notifications and to
undertake strategies if required.
Timescales to completion vary considerably depending on the nature of the
allegation, the setting and how effectively any internal investigation can be managed.
The LADO will frequently chase up cases. The LADO spends a lot of time following
up on outcomes and it can be difficult to demonstrate consistency, particularly in the
timescale for receiving feedback, despite the LADO’s best efforts. Every case is
different and how organisations function is different. When a Police investigation is
initiated, this inevitably extends the timescales due to the complexity of the case.
3.6 Positive Disclosures
The LADO has signed off five risk assessments on staff with positive disclosures
relating to DBS checks during this period; 2 from the Voluntary Sector, one from a
nursery and two from Bath and North East Somerset Council 11-18 Services. All five
were able to proceed to employment with a plan to manage any risks related to their
offence, as appropriate. One disclosure was not signed off and the person in question
deferred their entry into their chosen field of work for a period of time during which
time they will be able to demonstrate .
The University of Bath Department of Social Work has used the LADO to discuss
applications from students with positive disclosures, thinking ahead to when they start
placements. These discussions will take place with the LADO, the institution and the
Principal Social Worker in future.
4.The South West LADO Group
4.1 The South West LADO Group meets every three months. This forum provides
invaluable support and learning for LADOs, many of whom cover the role singlehandedly. The group has increased the strength of local links and sharing of
information.
4.2 The National LADO Conference took place in London on March 13th and was
attended by approximately 110 LADOs. There was useful contribution from the DfE,
and an excellent presentation by the NSPCC on research undertaken into
Organisational Abuse. The South West Group is organising the 2016 Conference in
Bristol and will be asking LSCBs to each make a financial contribution to this.
5 .Partnership Working and Training
5.1 The LADO continues to put a considerable focus on raising awareness about the
Management of Allegations. In the report submitted in December 2014, 30 training
sessions had been completed by the LADO since October 2013 and this work is
ongoing and repeated as required. The LSCB Training Co-Coordinator has
demonstrated a real commitment to ensuring that Management of Allegations is given
sufficient attention in training and the LADO will contribute directly to all the 2 day
Advanced Child Protection Training in 2015-16.
5.2 In December 2014, the LADOs from Bristol, North Somerset, South Gloucester
and B&NES met the Avon and Somerset Police to discuss the absence of referrals
from the Police across the Region. This was very useful and provided a re-assurance
that allegations are scarce and allegations have been dealt with via Police
Professional Standards. The meeting highlighted the profile of the LADO function.
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5.3 The LADO has also followed up some concerns from Health colleagues following
the last report and helped to clarify the differences between referrals to Children’s
Specialist Services and the LADO and identified referrals the LADO passed onto
Adult Safeguarding.
6. Progress identified as Areas for Development from the 2013-14 Report
6.1 The work plan for the LADO to March 2015 is outlined below and progress is
included




To complete the actions on the service improvement development plan ongoing
Revise and deliver the LADO procedures – completed
To participate in the delivery of the South West LADO forum annual Business
Plan and reflect decisions and learning in local practice-ongoing
Deliver on-going training to Contract managers and managers of
commissioned services on management of allegations – delivered for 2014-15.
6.2 The LADO had some further specific priorities which were reflected in the
previous LSCB report. All of these actions remain ongoing and are reflected in the
areas for development in 2015-16.




To revise the categories for recording in the spreadsheet and ensure
consistent and efficient reporting
To develop robust processes for closing cases and ensuring agreed outcomes.
To record challenges made to agencies, schools and providers on the quality
assurance of allegations management.
To continue promotion of the role and being a visible, approachable contact for
all staff in the area allegations management.
7. Areas for development during 2015-16
7.1 The LADO has identified the following areas for ongoing development and
welcomes feedback from the LSCB.
1. Consistency of cover for the LADO role needs to be ensured – this will be
taken forward with the appointment of the Deputy Head for Safeguarding:
Adults and the recruitment to a new post combining the Child Protection Chair
and Independent Reviewing Officer role.
2. The LADO and the Safeguarding Administrative Team Manager are revising
the LADO recording spreadsheet. The South West LADO group are
undertaking a self -assessment exercise to look at our separate systems of
recording in order to reach a consensus and consistency of recording.
3. Data monitoring is a challenge for LADOs, to keep on top of monitoring cases,
particularly outcomes and this will be a focus of the SW LADO Forum work
plan which will be adapted locally.
4. The LADO keeps separate case records with limited access being made
available to colleagues. There is an opportunity with the introduction of the new
Liquid Logic IT system to review this and to ensure information, as appropriate,
is more available. The LADO’s proposal is to add data to this system at closure
with a note indicating LADO involvement.
5. To record challenges made to agencies, schools and providers on the quality
assurance of allegations management.
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6. The LADO has given significant input to training and development for the
workforce and this will need to continue, to maintain awareness of
safeguarding and procedures. It would be useful to build links with the
Universities on Education and Social Work course
7. The LADO would like to develop practice with colleagues in social care and
consider a nominated link in the Childrens Specialist Services to provide a
consistent approach with cases requiring their involvement.
8. The LADO also welcomes increased engagement from the Family Placement
Team within Children’s Specialist Services and consideration needs to be
given to supporting this team in undertaking internal investigations into Foster
Carers.
Jackie Deas
Deputy Head of Safeguarding and Quality Assurance: Children
June 2015
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