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 2 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 3 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. 4 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. 5 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. 6 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. 7 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. 8 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. 9 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. 10 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 11