The Local Authority Designated Officer (LADO) and the designated senior manager within the employing agency should discuss whether disciplinary action is appropriate in all cases.
The designated senior manager should liaise closely with their organisation’s Human Resources services, where applicable, to ensure that disciplinary action, if followed, is appropriately implemented.
Consideration must be given to any potential misconduct or gross misconduct by the accused person and take the following into account:
- information provided by police or social care,
- the result of any investigation or trial,
- the different standard of proof in disciplinary and criminal proceedings.
Consideration should also be given to whether suspension is appropriate.
If formal disciplinary action is not required, the designated senior manager/employer should take appropriate action within 3 working days.
If disciplinary action is not deemed appropriate, but professional advice is considered necessary, the nature and content of this advice should be agreed between the LADO and the employer, taking into account any recommendations that may have been made by the police or social care. This should be actioned within 3 working days of the advice being agreed. The employer should ensure that this is recorded and kept on the accused person’s confidential personnel file. A copy should be given to the person concerned. These and all subsequent records are to be kept on file until the person reaches normal retirement age or for 10 years if that is longer.
If further investigation is needed to decide whether disciplinary action needs to be taken, the designated senior manager and the LADO should discuss whether it may be appropriate for the investigation to be undertaken by an independent person.
Circumstances where this may be appropriate are where resources may not be available or adequate within the employing agency, where the case is particularly complex or where objectivity needs to be ensured. In any case, the investigation should be completed and reported to the employer within 10 working days.
The aim of the investigation is to get, as far as possible, a fair, balanced and accurate record in order to consider the appropriateness of disciplinary action and the accused person’s suitability to work with children. Its purpose is not to prove or disprove the allegation.
If, at any stage, new information emerges that requires a child protection referral, the investigation should be held in abeyance and only resumed if agreed with social care or the police. Consideration may again be given as to whether suspension is appropriate.
Investigators should be alert to signs of organised or widespread abuse and the involvement of other perpetrators or institutions, as the matter may need to be dealt with in accordance with complex abuse procedures, which will take priority, if applicable.
When the employer has received the investigation report, a decision as to whether a disciplinary hearing is needed should be made within 2 working days. If that is the case, a hearing should be held within 15 working days.
In the case of supply, contract and volunteer workers normal disciplinary procedures may not apply. In these circumstances the LADO and employer should act jointly with the providing agency or service, where applicable, in deciding whether to:
- continue to use the accused person’s services, or,
- provide further opportunities for the accused person to work with children,
- consider whether to make a referral for consideration of barring; or,
- take any other action.
Every effort should be made to reach a conclusion in all cases, even if:
- the accused person refuses to co-operate, having been given a full opportunity to answer the allegation and make representations, or,
- it may not be possible to apply any disciplinary sanctions if the person resigns and the period of notice expires before the process is completed,
- the accused person’s contract period expires or there is no contract in place and the person leaves of their own accord during the investigation or disciplinary process,
It is not appropriate to draw up compromise agreements which state that the accused person agrees to resign provided that disciplinary action is not taken and future references will make not mention the behaviour that led to the allegation being made.
