Managing Allegations Against Staff and Low-Level Concerns

1. Purpose

We want a culture where adults behave well, concerns are shared early and children are protected. Most adults who work with children do so safely. A small number do not, and patterns of small concerns are what usually get missed. This policy sets out:

• how we respond to allegations that an adult may have harmed a child or may pose a risk to children (KCSIE Part Four, section one);

• how we handle low-level concerns that do not reach that threshold (KCSIE Part Four, section two);

• how we treat the adult concerned fairly and support everyone involved.

2. Scope

This policy covers every adult who works with Care Cove AP learners, paid or unpaid:

• employed staff, including the Director, the DSL and the Head of AP;

• agency and supply staff from First Class Teachers;

• counsellors from My Solution Wellbeing;

• sessional and vocational tutors, volunteers and students on placement;

• members of the Social Work Management Committee (SWMC) and the Clinical Advisor;

• contractors with learner contact, including transport drivers and escorts;

• employers' staff who supervise learners on work placements and tasters.

It covers conduct at work, outside work and online, and historical allegations. It applies whoever commissions the learner's place. Concerns about a learner's own family members are handled under the Safeguarding and Child Protection policy.

3. Law and guidance

• Keeping Children Safe in Education 2026 (KCSIE), Part Four.

• Working Together to Safeguard Children 2023 (as updated).

• Sheffield Children's Safeguarding Partnership procedures on allegations against adults who work with children: sheffieldscp.trixonline.co.uk.

• Safeguarding Vulnerable Groups Act 2006 (the duty to refer to the Disclosure and Barring Service).

• Teaching Regulation Agency arrangements for teacher misconduct.

• Employment Rights Act 1996 and Public Interest Disclosure Act 1998.

• UK GDPR and the Data Protection Act 2018, as amended by the Data (Use and Access) Act 2025.

4. Roles and responsibilities

4.1 Who to tell

Contact details for the Director, the SWMC Chair and the DSL are in Appendix A of the Safeguarding and Child Protection policy and on the DSL cover rota.

4.2 Responsibilities

Nobody acts as case manager, or joins a review, if the concern is about them or someone they are close to. In that case the SWMC Chair decides who takes the role.

5. What counts as an allegation

5.1 The harm threshold

An allegation meets the harm threshold if an adult has:

1. behaved in a way that has harmed a child, or may have harmed a child;

2. possibly committed a criminal offence against or related to a child;

3. behaved towards a child or children in a way that indicates they may pose a risk of harm to children; or

4. behaved, or may have behaved, in a way that indicates they may not be suitable to work with children.

The fourth test covers conduct outside work, known as transferable risk. An example is an adult involved in a domestic abuse incident at home, or arrested for an offence that does not involve children.

5.2 Below the threshold

Concerns that do not meet the harm threshold are low-level concerns and are handled under section 13. If you are not sure which applies, tell the Director anyway. The Director decides, taking LADO advice where unsure. KCSIE 2026 asks DSLs to consider a LADO referral early, and we expect case managers to do the same.

6. If you receive an allegation or have a concern

1. If a child is in immediate danger, call 999 and make the child safe.

2. If a learner tells you, listen and follow the "receive" steps in the Safeguarding and Child Protection policy. Never promise to keep it secret.

3. Tell the Director the same day, as soon as you can. If it is about the Director, tell the SWMC Chair. If neither can be reached the same day, tell the DSL. You can also contact the LADO directly.

4. Do not tell the adult concerned, and do not discuss it with colleagues.

5. Do not investigate, question witnesses or ask the learner to repeat their account.

6. Record what you were told or saw on Connect the same day: the learner's exact words, the facts, the date, time and place. Connect restricts these records to the case manager and those they authorise, and never to the person concerned. If that is not possible, write it on paper and hand it straight to the case manager.

7. What the case manager does

7.1 The same day

• Checks the child is safe. The DSL deals with the child's welfare and any referral to the Sheffield Safeguarding Hub.

• Gathers basic information only (who, what, when, where and who else was present) so the LADO can be properly informed. This is not an investigation.

• Makes sure evidence is preserved, for example by securing CCTV footage and Connect records.

• Tells the SWMC Chair.

7.2 Contacting the LADO within 1 working day

The case manager contacts the Sheffield LADO within 1 working day, on 0114 273 4850 or through the Hub on 0114 273 4855. The Sheffield LADO is the right contact even if the learner lives in, or was placed by, another local authority, because the adult works in Sheffield. The case manager records the LADO's advice, the decisions taken, who will act and by when.

The LADO decides whether the harm threshold is met and whether the police or children's social care need to be involved. The LADO may hold a meeting or strategy discussion, which the case manager attends.

7.3 Do not investigate before LADO advice

Before the LADO has advised, nobody interviews the adult, the learner or witnesses, or takes written statements. Where the police investigate, our own process waits until the police agree that it can go ahead.

7.4 Telling the adult concerned

The adult is not told until the LADO advises. When the LADO agrees, the case manager tells the adult as soon as possible, shares as much as they are allowed to, explains what will happen next and names a support contact who is not involved in the case. The adult is advised to contact their trade union or professional association.

7.5 Telling parents and carers

After consulting the LADO, and the police or children's social care where involved, the case manager tells the learner's parents or carers about the allegation as soon as possible, if they do not already know. They are kept informed of progress and told the outcome, in confidence. Parents are asked to keep the information confidential.

7.6 Telling the commissioner and partners

• The commissioning local authority's contract manager. We report any allegation of misconduct affecting a learner. The Director tells the contract manager promptly, normally on the same working day as the LADO referral and no later than the next working day. The Director shares what the LADO agrees can be shared at that stage. This applies to every learner the commissioning local authority places with us, whoever pays for the place. Where the allegation is about the Director, the SWMC Chair makes this report.

• Other commissioners. Where a school or another local authority commissions the learner's place, the case manager tells them as their agreement requires, after LADO advice.

• The learner's school. The DSL tells the school's DSL, after LADO advice.

• First Class Teachers or My Solution Wellbeing, where the adult is supplied by them (see section 10).

7.7 Confidentiality and publicity

Information is shared only with those who need it. Nobody comments publicly or on social media. Any media enquiry goes straight to the Director, who tells the commissioning local authority before any response.

8. Suspension and alternatives

Suspension is not automatic. The case manager considers it, with the LADO, where:

• a child or other children may be at risk of harm;

• the allegation needs a police investigation; or

• the allegation is so serious that it might be grounds for dismissal.

Alternatives are always considered first, for example:

• removing the person from the rota for learner contact (Connect then blocks rostering);

• redeploying them to work without learner contact;

• moving them to a different group or site;

• making sure another adult is present whenever they are with learners.

If suspension is needed, the case manager decides after consulting the LADO and records the reasons, including the alternatives considered and why they were rejected. The adult gets written confirmation within one working day, with as much detail as is appropriate, and a named contact for support. Suspension is a neutral act. It does not mean the allegation is true.

9. Investigation and outcome

9.1 Who investigates

The LADO advises whether the police, children's social care or Care Cove investigates. Where Care Cove investigates, the case manager appoints an investigator who is not involved. Where the Director is too close to the matter, the investigator is independent of Care Cove and the SWMC Chair oversees. Every case is resolved as quickly as possible, consistent with a fair and thorough process. The case manager reviews progress with the LADO at agreed points, records the reason for any delay and keeps the adult informed.

9.2 Outcomes

9.3 After the outcome

• Substantiated: action under our disciplinary procedure, which may include dismissal, plus the referrals in section 11.

• Other outcomes: the case manager plans the adult's return to work with them, including support, any training and how colleagues and learners will be told.

• Report to the contract manager: the Director sends the commissioning local authority's contract manager a written report of the investigation and the actions taken. Progress updates are given every month until the case closes.

• Learning lessons: for substantiated cases, the case manager and the LADO review whether our practice, training or policies could have prevented the harm. For other outcomes, the case manager considers whether there are lessons to learn. Findings go to the SWMC.

If an adult resigns, stops working with us or leaves through any agreement, the process continues to a conclusion. A settlement agreement is never used to avoid action or a referral.

10. Agency, partner and other staff

• First Class Teachers staff. Care Cove leads, because the learners are ours and the agency has no direct access to them or to our staff. The case manager involves the agency after LADO advice, and the agency cooperates. We do not simply stop using a supply worker because of a safeguarding concern. We find out the facts and follow LADO advice. The worker is removed from the Connect rota while the matter is considered.

• My Solution Wellbeing counsellors. The same process applies. The case manager involves My Solution Wellbeing after LADO advice, and the LADO advises on any report to the counsellor's professional body (BACP or UKCP). The learner is offered another matched counsellor without delay so that their weekly therapy continues.

• Work placement supervisors. The placement is paused at once and the learner returns to Care Cove-led activity. The case manager contacts the LADO and the employer, following LADO advice.

• Contractors, drivers, volunteers, SWMC members and the Clinical Advisor. The same process applies, with the Director as case manager.

11. Referrals to the DBS, the TRA and regulators

• Disclosure and Barring Service. We have a legal duty to refer an adult to the DBS where we remove them from regulated activity, or would have done had they not left, because they harmed a child, posed a risk of harm, or received a caution or conviction for a relevant offence. The Director makes the referral as soon as possible.

• Teaching Regulation Agency. For a teacher, the Director considers a referral to the TRA where there has been serious misconduct and a prohibition order may be appropriate.

• Other regulators. The Director considers referral to the Nursing and Midwifery Council (registered nurses), Social Work England (social workers), or BACP or UKCP (counsellors, through My Solution Wellbeing). The LADO's advice is followed.

12. Malicious or false allegations

If an allegation was deliberately invented or malicious, the case manager and the DSL consider what lies behind it. A learner who makes a false allegation may be seeking help, or may be being harmed elsewhere, so the DSL considers a referral to children's social care. Any response for a learner follows the Behaviour, Rewards and Restorative Practice policy. It is restorative and never involves exclusion. If an adult made the allegation, we may take disciplinary action or involve the police.

13. Low-level concerns

13.1 What a low-level concern is

A low-level concern is any concern, however small, even just a sense of unease or a "nagging doubt", that an adult may have acted in a way that:

• does not fit the Staff Code of Conduct, including conduct outside work; and

• does not meet the harm threshold or is not serious enough to refer to the LADO.

Examples include being over-friendly with learners, having favourites, taking photographs of learners on a personal phone, being alone with a learner out of sight, using inappropriate language, humiliating a learner, or contact through personal social media.

13.2 How to share a concern

Tell the Director the same day, in person or by phone. If the Director is not available, tell the DSL. If the concern is about the Director, tell the SWMC Chair. Raising a concern is the right thing to do and you will be supported for it. We ask you to give your name so we can follow up. If you want to stay anonymous, we will respect that as far as we reasonably can.

13.3 Recording on Connect

The person receiving the concern records it on Connect the same day: the adult's name, what happened, the context, the name of the person sharing it (unless anonymous), the action taken and the reasons. Access is restricted in the same way as allegations.

13.4 Responding

The Director (or the SWMC Chair for the Director) speaks to the person who shared the concern and, usually, to the adult concerned. Most low-level concerns are resolved through a supportive conversation, a reminder of the Code of Conduct, supervision or training. If the concern turns out to meet the harm threshold, section 6 applies and the LADO is contacted within 1 working day.

13.5 Weekly review for patterns

Every week, the Director and the DSL review all low-level concerns logged that week against the whole log. They look for:

• repeated concerns about the same adult, which may together meet the harm threshold;

• concerns about different adults that point to a wider problem with culture, training or the Code of Conduct.

Where a pattern meets the harm threshold, the Director contacts the LADO. The review and its outcome are recorded on Connect. The SWMC Chair reviews any concern about the Director within the same week. The SWMC audits the log every term.

13.6 Self-reporting

We encourage every adult to self-report when they find themselves in a situation that could be misunderstood. Examples include a learner contacting you on personal social media, physical contact during a crisis, a learner becoming very attached to you, or a lapse such as using your phone in front of learners. Self-reports are recorded in the same way and show the open culture we want.

13.7 Retention and references

Low-level concern records are kept at least until the adult leaves Care Cove, then reviewed under our retention schedule. They are not mentioned in references unless they relate to matters that would normally be included, such as misconduct or poor performance, or unless a pattern met the harm threshold and was substantiated.

14. Records and references

• For every allegation, the case manager keeps a clear and comprehensive summary on the adult's confidential personnel file. It covers the allegation, how it was followed up, the outcome and the decisions taken, and the adult gets a copy.

• These records are kept until the adult reaches normal pension age, or for 10 years from the date of the allegation if that is longer.

• Records of allegations found to be malicious or false are removed from personnel records, unless the adult agrees to their being kept.

• Allegations found to be false, unsubstantiated, unfounded or malicious are not included in references. Substantiated allegations are included.

• The learner's safeguarding chronology records that an allegation was made, the action taken and the outcome.

15. Support for learners and staff

• The learner is supported by their key mentor and the DSL, kept informed in a way that suits their age and needs, and is not removed from the provision. A learner who raises a concern honestly is never punished, even if it is not substantiated.

• The adult concerned has a named contact, regular updates and access to the staff wellbeing support from My Solution Wellbeing, or another provider if a My Solution Wellbeing counsellor is involved. They are advised to seek union or professional advice.

• Colleagues are told only what they need to know and are offered a debrief.

• The person who raised the concern is protected under the Whistleblowing policy and is told the outcome where that is appropriate.

16. Monitoring and review

The Director owns this policy and the Social Work Management Committee ratifies it. Every term the SWMC audits all allegations and low-level concerns. It checks that each was passed to the case manager the same day, that the LADO was contacted within 1 working day, that the contract manager was told and sent a report, and that patterns were spotted. The annual external safeguarding audit also covers this policy. The policy is reviewed every year, or sooner after a case, a change in law or statutory guidance, or a change to our contracts.

17. Related policies

• 01 Safeguarding and Child Protection
• 02 Safer Recruitment
• 04 Whistleblowing
• 07 Behaviour, Rewards and Restorative Practice
• 14 Therapeutic Practice and Clinical Governance
• 17 Data Protection, Retention and Information Sharing
• 21 Staff Code of Conduct
• 27 Work Experience and Vocational Placements
• 28 Site Security, Visitors and CCTV
• 31 Conflicts of Interest
• 32 Disciplinary, Capability and Grievance
• 43 Dignity at Work and Preventing Sexual Harassment

Document control and ratification

This policy is signed off by the Designated Safeguarding Lead and the Head of Alternative Provision, and ratified by the Social Work Management Committee. It is reviewed every year, or sooner after an incident or a change in law, statutory guidance or contract requirements, and it is available to any commissioning local authority on request.