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Managing Allegations Against Staff Policy

 

 

1. Purpose

 

This policy sets out how allegations of abuse or misconduct involving staff, tutors, volunteers or contractors are managed. It ensures that all allegations are taken seriously, investigated promptly and handled in accordance with safeguarding law and guidance.

 

2. Principles

 

 

  • The safety and welfare of pupils is the overriding priority.

  • Allegations are handled sensitively, fairly and without delay.

  • Staff are entitled to support and to a fair process.

  • Confidentiality is maintained throughout.

  • All actions follow statutory safeguarding guidance and Local Authority procedures.

 

 

3. Scope

 

This policy applies to any allegation that a staff member has:

 

  • Behaved in a way that has harmed a pupil or may have harmed a pupil.

  • Possibly committed a criminal offence against a pupil.

  • Behaved towards a pupil in a way that indicates they may pose a risk to children.

  • Behaved inappropriately outside work in a way that may present a safeguarding risk.

 

Allegations can arise from pupils, parents, staff, professionals or third parties.

 

4. Immediate Actions

 

Upon receiving an allegation:

 

  1. The staff member must not be informed at this stage if doing so may compromise the investigation.

  2. The allegation is reported immediately to the Designated Safeguarding Lead (DSL).

  3. The DSL ensures the pupil is safe and receives appropriate support.

  4. If the allegation suggests potential criminal behaviour or immediate risk, police or emergency services may be contacted.

 

 

5. Reporting to the Local Authority Designated Officer (LADO)

 

The DSL:

 

  • Contacts the LADO on the same working day to discuss next steps.

  • Follows all instructions from the LADO regarding internal actions, information sharing and investigation processes.

  • Records all decisions and advice.

 

The LADO determines whether:

 

  • The allegation requires a formal safeguarding investigation.

  • Police involvement is needed.

  • The organisation should proceed with internal processes.

 

 

6. Suspension

 

Suspension is not automatic. It may be considered where:

 

  • A pupil is at possible risk of harm.

  • The allegation is so serious that dismissal may be a potential outcome.

  • The staff member’s presence could impede the investigation.

 

Suspension decisions are made by senior management following LADO advice.

 

7. Internal Investigation

 

If the LADO determines an internal investigation is appropriate:

 

  • A senior manager not involved in the incident conducts the investigation.

  • The staff member is informed in writing of the allegation, unless advised otherwise by the LADO or police.

  • Evidence is gathered, including accounts, records and witness statements.

  • The investigation must be thorough, impartial and documented.

 

The staff member may be accompanied by a representative at meetings.

 

8. Outcomes

 

Possible outcomes include:

 

  • Substantiated – allegation is proven.

  • Unsubstantiated – insufficient evidence to prove or disprove.

  • Unfounded – allegation is disproven.

  • Malicious – allegation was intentionally false.

  • False – the incident did not occur as alleged.

 

Outcomes are shared with the LADO and recorded appropriately.

 

9. Post-Investigation Actions

 

If the allegation is substantiated:

 

  • Disciplinary procedures may be initiated, including potential dismissal.

  • A referral may be made to the Disclosure and Barring Service (DBS).

  • Additional safeguarding training or procedural changes may be implemented.

 

If the allegation is unfounded, false or malicious:

 

  • The staff member receives support, including phased return if needed.

  • Risk assessments are reviewed to prevent recurrence.

  • Action may be taken against individuals who made malicious allegations.

 

 

10. Support for Staff

 

The organisation ensures that the staff member:

 

  • Is informed of the process and their rights.

  • Is offered wellbeing or occupational support.

  • Is given a named contact for updates.

  • Is not treated as guilty before investigations conclude.

 

 

11. Confidentiality

 

 

  • Allegations are shared only with those who need to know.

  • Information is stored securely.

  • Public or internal discussion is strictly prohibited.

  • Breaches of confidentiality may result in disciplinary action.

 

 

12. Resignations and Compromise Agreements

 

 

  • Staff cannot avoid investigation by resigning.

  • Investigations continue regardless of employment status.

  • Compromise or settlement agreements must not prevent proper safeguarding action or DBS referrals.

 

 

13. Record Keeping

 

For all allegations:

 

  • A full record is kept, including decisions, actions and outcomes.

  • Records are retained per statutory guidance.

  • Notes must be factual, accurate and clearly dated.

  • Substantiated allegations are kept on the personnel file.

  • Unsubstantiated, unfounded or malicious allegations are kept separately and not used against the staff member in the future.

 

 

14. Learning and Review

 

Following any allegation:

 

  • Policies and risk assessments may be updated.

  • Staff training may be adjusted.

  • Lessons learned are used to improve safeguarding practice.

 

 

15. Review

 

This policy is reviewed annually or sooner if legislation or guidance changes.