LADO Threshold Document

The Following document is intended as a guide to LADOs in evaluating Thresholds.

It is intended to encourage consistency but is no replacement to professional judgement

Indicators Matrix LADO= Tiers 1-5

 

Tier 1: Incident that does not need LADO action but may be a conduct issue, or require more general advice.

Detail

Action by the LADO

Examples

Complaint made by parent or carer or comment made by child that does not seem to have any corroborating evidence. There is no injury seen, or witness accounts do not corroborate the allegation, the manager confident this does not meet the threshold for a referral but is intending to investigate further.

The employer may be concerned regarding the MOS’s behaviour or responses to a situation which raises concerns regarding suitability.

 In such cases the relevant manager may wish to have a consultation discussion with the LADO, and both can make a record of the discussion and agree it will be dealt with internally, in case further information comes to light to question why no formal LADO referral was made.  However no names will be used as this does not meet the threshold for a record about a named person to be kept.

 

The LADO will provide advice and guidance on concerns.

Consultation will be recorded in consultation spreadsheet but without name of member of staff or identifying details.

The employer’s details will be logged.

Any emails received or supporting documentation will be recorded within Sharepoint with the spreadsheet reference number in its title

·     child objecting to a sanction imposed in school, describing an event to parent who then comes in to complain about how their child says they have been treated; but does not have all the information.

·     Young person in children’s home involved in a confrontation and making accusations where there were several witnesses and there is an incident report that appears to refute the child’s account that they were harmed.

·     An allegation that is made second or third hand and facts are not clear, or the professional alleged to have done this was not there at the time; or there is confusion about the account.

·     A school girl telling a friend, who tells the teacher, that another teacher ‘makes her feel funny when he looks at her’ but no other concerns or complaints expressed.

·     A child with a history of challenging behaviour, alleging s/he feels bullied by a well-respected member of staff.

·     Concerns that family members of the professional or volunteer may be involved in criminal activity.

Tier 2:Incident or concern  which might require logging with LADO but will be ‘No Further Action’

Detail

Action by the LADO

Examples

Member of staff alleged to have behaved, acted or reacted in a way considered inappropriate but not harmful; parental or child complaint about such an incident, to outside agency eg. Ofsted, who have referred to LADO for further enquiries; allegation made but manager believes at this point they can deal with this internally and are checking with LADO for information only.

This category also includes volunteers and professionals where there are domestic issues which require them to inform their line manager (for example a section 47 investigation at home) but the employer/manager is clear there are no risks presented by this person in their place of work.

These are incidents where an escalation to a police referral would be considered a disproportionate response.

These cases are likely to meet the threshold for a confidential record to be kept by the LADO, with the knowledge of the person concerned and their manager.

 

The LADO will provide advice and guidance on concerns.

Record will be held on the consultation spreadsheet with the name of the member of staff identified.

The LADO will advise the employer to tell the MOS that the LADO has been consulted and the outcome.

The LADO will confirm the outcome of the discussion in email to the employer

Any emails received or supporting documentation will be recorded within Sharepoint with the spreadsheet reference number in its title.

·     child accusing teacher of pushing them, when it appears they were being guided away from a situation (covered by ‘Use of Reasonable Force’ DfE 2013).

·     Nursery worker seen by parent to be pulling a child away from a situation, parent considers this is done roughly but professional claims it was to remove child from a confrontation where they may have been harmed/ may have harmed another child.

·     Professional or volunteer accused of domestic violence assault on own children but there have never been any concerns at work about him/her.

·     A professional or volunteer makes an inappropriate remark that appears on the surface to be naive rather than potentially grooming, or acts in a way that could be deemed unprofessional.

·     Teacher under stress who is heard to shout inappropriately at the children one day towards the end of term.

·     Childminder witnessed to ignore children crying and speak rudely to them, but further context not known.

Tier 3; Incident or concerns which indicate significant concerns re standards of care provided to an individual child or group of children

Detail

Action by the LADO

Examples

Issues, identified as indicating concerns regarding serious standards of care issues, where the concerns are considered serious and warrant investigation by the employer, with oversight and the support of the LADO.

This affords the employer with the support of external scrutiny to demonstrate transparency and provides the employee with the protection afforded by the LADO.

In some circumstances an Initial Evaluation meeting may be appropriate to consider if the concerns meet the threshold for Tier ¾. This is not an allegation meeting.

Dependant upon the nature of the concerns, a strategy Discussion with the employer, may be sufficient to plan a way forward.

In some cases where the information needs to be clarified and there may be other agencies involved in the concerns, an initial Evaluation meeting may be required to consider the concerns

The concerns and details will be recorded on CRS as an adult contact and within the allegations workspace[1] against the member of staff’s name and the employer will be required to advise the MOS that the LADO is overseeing the investigation and will therefore keep a record of the investigation

An outcome will be recorded in the allegations workspace of CRS as a standards of care outcome

Initial Evaluation Meetings will be recorded and minuted in CRS within the allegations workspace

·     A complaint that a foster carer provides significantly poor care or there are numerous concerns regarding that care which lead to concerns regarding the appropriateness of the placement.

·     Where a member of staff repeatedly treats a child in their care in a negative manner by making derogatory comments

·     Early recourse to the use of restraint, where judgement might indicate alternative methods of diffusing a situation

·     Failing to meet expectations of levels of care consistently

·      

Tier 4: Incident which requires consideration of referral to other agency such as police or Ofsted

Detail

Action by the LADO

Examples

Allegation made which meets the threshold for referral to LADO under the LCPP and appears in the first instance to meet the threshold for referral to police.

Such cases may not always involve serious injury to a child but present as a breach of the position of trust the professional or volunteer was in.

A proportion of these types of referral may result in a ‘no crime’ outcome from police, but the allegations process must be followed as the referring information met the threshold.

Sometimes these referrals do not immediately appear to have a criminal element but the reported actions mean that a regulatory body such as Ofsted, or the National Council for Teaching and Leadership, or HCPC, will need to be informed. 

It is essential in these cases that there is a clear outcome and this is communicated to the professional/volunteer. These referrals can result in a note on future DBS checks and could have an impact on the professional/ volunteer’s future career.

 

In such circumstances a strategy discussion with the police ort employer may be indicated to agree immediate action.

Dependent upon the allegations, the LADO will convene either an initial Evaluation meeting or an Allegations against Professional or volunteers (APV) meeting.

The concerns and details will be recorded on CRS as an adult contact and within the allegations area against the member of staff’s name and the employer will be required to advise the MOS that the LADO is overseeing the investigation and will therefore keep a record of the investigation

An outcome will be recorded in the allegations area of CRS as a standards of care outcome

Initial Evaluation Meetings and strategy meetings will be recorded in CRS within the Allegations Workspace

·     A credible disclosure by a child or young person that uses the word ‘hit’ or ‘hurt’; yet there is no injury seen and no corroborating evidence of child’s account.

·     Restraint that has caused an injury to the person being restrained.

·     An incident witnessed, where there is a physical exchange between staff and child or young person. It is unclear whether self defence or retaliation was involved. The matter needs full investigation.

·     A very young child still requiring personal care/ nappy changing, indicates that a nursery worker touched him/her in the genital area

·     A professional or volunteer has been sending inappropriate but not necessarily sexual, texts to young people he/she works with.

·     A foster carer where there have been several complaints about poor practice and standards of care; children in their care who are not always clean or appropriately dressed, or seen to be treated in a way that causes concern to observing professionals.

Tier 5: incident which requires immediate suspension/ police referral/ arrest/ immediate action to protect child.

Detail

Action by the LADO

Examples

Allegation made with credible corroborating evidence, where a child has been injured or harmed.

Behaviour by the professional or volunteer which is deemed to be extremely concerning towards the children they are caring for and requires immediate suspension.

Allegation by a member of the professional/ volunteer’s family which is so serious it requires immediate consideration by employer.

In such circumstances a strategy discussion with the police or employer may be indicated to agree immediate action

Recording will be as Tier 4.

Where an allegation is substantiated this will be recorded within the Risks element of CRS which is accessible to all staff with access to CRS

 

·      Child has clearly been injured or could have been injured as a direct result of the actions of a professional or volunteer.

·      Incident within the professional/ volunteers home life that is of high risk and high level of concern.

·      Professional or volunteer arranging to meet young person outside the work environment and asking them not to tell anyone; or making inappropriate contact through social media with sexual overtones.

·      Making racist or derogatory remarks to a child or young person in the presence of witnesses.