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When to use these procedures

Section 5

Every Council has a duty to manage allegations and concerns about any person who works with children and young people and adults at risk in their area. This includes Council staff, staff or partner agencies and volunteers. All Local authorities should have an identified senior manager responsible for safeguarding who is accountable and responsible for allegations against professionals and those in positions of trust. Local Authority Designated Officer (LADO) has been an identified title associated with these responsibilities, however, this may be delegated to Officers within the Local authority and known as Designated Officer for Safeguarding (DOS). The Designated Officer for Safeguarding is responsible for managing all allegations made against staff and volunteers who work with children and adults at risk within their area.

When considering the application of these procedures a number of factors should be considered. Some concerns could be considered as poor professional practice and may be more appropriate to be dealt with via agencies' own internal processes or through providing appropriate advice, guidance or training.

If agencies decide not to take any further action they must record their rationale for this decision via their internal recording mechanisms. It is critical that these records are retained in case there is further or repeated concern. If agencies are unclear about what action to take, they must seek appropriate advice from the Designated Officer for Safeguarding.

Managing cases under these procedures applies to a wider range of allegations than those in which there is reasonable cause to believe a child or adult at risk is suffering, or is likely to suffer harm. It also applies to concerns that might indicate that a person is unsuitable to continue to work with children or adults at risk in their present position or in any capacity. It should be used in all cases in which it is alleged that a person who works with children or adults at risk has:

It can be difficult to determine what may fall into the category of "unsuitable to work with children or adults at risk". The employer should consider whether the subject of the allegation or concern has:

  • Been the subject of criminal procedures that indicate a risk of harm to a child or adult at risk
  • Caused harm or possible harm to a child or adult at risk and there is a risk in the working, volunteering, or caring environment
  • Contravened or continued to contravene their agency’s Safeguarding Policy and Procedures
  • Failed to understand or comply with the need for clear personal and professional boundaries in the work place
  • Behaved in a way in their personal life which could put children and adults at risk of harm
  • Behaved in a way that undermined the trust placed in them by virtue of their position
  • Children who are subject to Child Protection Procedures
  • Has caring responsibilities for an adult who is subject to Adult Protection Procedures