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This Policy is about managing cases of allegations that might indicate that a person is unsuitable to continue to work with children in their present position or capacity.

It should be used when a member of staff has;

• Behaved in a way that has harmed a child or may have harmed a child

• Possibly committed a criminal offence against or related to a child

• Behaved towards a child or children in a way that indicates he/she is unsuitable to work with children.

 

Rose Buddies Childcare recognises the importance of having procedures for dealing with allegations and takes on board recommendation of DCSF document Safeguarding Children in Education (DCSF 2005). The Nursery seeks to give all staff and volunteers an understanding of what to do if they receive an allegation against another member of staff, or they themselves have concerns about the behaviour of another member of staff.

• All allegations should be reported as soon as they become apparent – in the first instance to the Childcare Manager, or in the case of the Childcare Manager the Nursery owner.

• All staff will maintain confidentiality and every effort will be made to guard against unwanted publicity.

• It is in everyone’s interest to resolve cases as quickly as possible and investigations will be fair and thorough.

• The fact that a person tenders his or her resignation, or ceases to provide their service, must not prevent an allegation being followed up in accordance with the procedures.

 

Consideration of an allegation

• An allegation may require consideration from any of the following:

• Local Authority Adviser e.g. Educational Psychologist.

• A police investigation of a possible criminal offence.

• Local safeguarding board to ascertain whether a child is in need of protection or in need of service. This can be in respect of;

a) The child on whom the allegation centers

b) Any other children the alleged perpetrator has contact with

c) The alleged perpetrator’s own children

• Consideration by the nursery of disciplinary action in respect of the individual

• Complaints by a parent about a member of staff

Some cases will need to be reported to the Local Safeguarding Board, for possible sanctions against an individual, if proven guilty.

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Strategy meeting

 

The Local Safeguarding Children’s Board (LSCB) strategy meeting will be convened when an allegation is made against an individual who works with children. This meeting could include senior representatives from health, police, children. The meeting will be scheduled as necessary within 3 working days. An agreement will be reached in strategy meeting regarding who will carry out an investigation and how this will take place, if it is deemed necessary.

The investigation could be on

a)  Child Protection

b)  Criminal offence

c)  A fact finding disciplinary

d)  A fact finding procedure under the complaints policy

The accused member of staff will be suspended from contact with the children

Relevant support mechanisms for the children and the accused member of staff.

• For example the accused member of staff can contact his/her union for representation

• Where it is decided that the allegation does not involve a possible criminal offence, it will be for the Nursery to take action in line with the nursery’s disciplinary Policy

• Review dates will be fixed to monitor progress of the case

 

Communication

• The Manager will inform the parents or carers of a child involved about the allegation as soon as possible

• Parents will be kept informed by the Manager about the progress of the case. The deliberations of a disciplinary hearing and the information taken into account in reaching a decision, cannot normally be disclosed, but the parents should be informed of the outcome.

• The Manager will inform the accused member of staff of the progress of the case

 

Suspension

At any stage of the process, the accused member of staff may be suspended without prejudice, on full pay from work, whilst further investigation takes place, for example:

a) There is a cause to suspect that a child is at risk of significant harm.

b) The allegation leads to an investigation by the police.

c) There might be grounds for dismissal.

The nursery’s disciplinary policy should be followed for suspension and advice should be sought.

Confidentiality and support for staff

• All allegations will be treated seriously and with discretion. Records will be kept as confidential as possible, but employees must appreciate that formal investigations cannot always be kept entirely confidential.

• Support will be provided to staff if and when returning to work e.g. through staggered return to work.