The initial discussion with the Local Authority Designated Officer (LADO) will establish that the concern or allegation has, or may have, some foundation and should be dealt with under these procedures. If it does not, no further action will be taken under these procedures and this will be recorded by the LADO. The designated senior manager should consider how the matter should be dealt with under employer’s procedures e.g. complaints or disciplinary procedure. If the allegation is demonstrably false or malicious, consideration should be given to any action that may need to be taken with the person who made the false allegation.
Where it is established that the concern or allegation does fall within the scope of these procedures there are three main routes, which may be taken following initial consideration:
An investigation may be carried out by the police in respect of a possible criminal offence, Children’s social care may carry out an assessment to see if the child needs services as a ‘child in need’ under Section 17 of the 1989 Children Act or carry out enquiries if the child is at risk of significant harm under Section 47 of the 1989 Children Act.
The LADO and designated manager should consider:
- whether further details are needed to enable a decision about how to proceed and
- how and by whom they may be gathered,
- how and by whom the parents or carers of the child concerned should be informed of the allegation, if they are not already aware. In cases where the police or social care may need to be involved, the LADO should consult those colleagues about how best to inform parents or carers,
- how and when the accused person should be informed. This should always be done as soon as possible after consultation with the LADO, but if there is a need for a strategy discussion or it is clear that the police or social care need to be involved in the decision about what can be disclosed, the accused person should not be informed until it has been agreed by all.
- whether a strategy discussion should be called i.e. if there is cause to believe a child is suffering or is likely to suffer significant harm. If so, the LADO should contact children’s care to request the strategy discussion.
- whether the allegation may constitute a criminal offence and needs to be referred to the police for investigation. If so, the LADO should immediately inform the police.
In some circumstances it may be advisable to consider convening a meeting between the police, LADO, employer and any other relevant persons (similar to a strategy meeting ) if the concern or allegation clearly does not require a strategy discussion, police investigation or social care assessment, what steps the designated senior manager or employer may need to take under employer’s procedures. This may range from no further action to invoking disciplinary procedures or summary dismissal/decision not to use the person’s services in future. If the nature of the allegation does not require formal disciplinary action, other appropriate action to deal with the matter should be taken within 3 working days.
The LADO and designated senior manager 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.
If the employer’s agency or organisation is a member of the Local Safeguarding Children’s Board it will have a Named Senior Officer (NSO), who has responsibility for ensuring allegations are dealt with in accordance with these procedures, resolving inter-agency issues and liaising with the LSCB.The designated senior manager should communicate with their NSO and any other colleagues, such as Human Resources personnel, as necessary and in accordance with your service/agency’s protocols, procedures and structures for managing allegations, and with regard to confidentiality and information sharing protocols (see below)
The LADO has a responsibility to monitor the progress of cases every 2 -4 weeks, depending on their complexity, either through strategy discussions, liaison with the police and/or children’s social care colleagues or the employer, as appropriate.Whilst the time taken to conclude individual cases depends on a variety of factors, it is in everyone’s interest to resolve cases as quickly as possible and the LADO and other parties involved should be mindful of recommended timescales for concluding cases.
