FAQ

Your employer may need to conduct an internal investigation in order to proceed. It may be conducted by a senior member of staff or by an independent person, depending on the availability of resources, and the nature and complexity of the case.

Where there are criminal proceedings, it may not be possible for the employer to complete their investigations until after the criminal proceedings are concluded

Your employer should try to reach a conclusion regardless of whether you resign or otherwise cease to provide your services, or if you refuse to cooperate.

They must not use a ‘compromise agreement’, i.e. allow you to resign without disciplinary action and with an agreed reference

In cases involving potential risks to children, the decision to suspend an employee will follow this process:

Grounds for suspension

Suspension will only be considered when there is a reasonable cause to believe that a child or children at your workplace may be at risk of harm, or if the allegation is so serious that it could lead to dismissal.

Careful consideration

Your employer will carefully evaluate whether suspension is necessary. This will include consulting with their human resources advisor and the Local Authority Designated Officer (LADO) to ensure the decision is proportionate and appropriate.

Alternatives to suspension

Instead of suspension, an employer may consider redeployment as an alternative. This involves moving you to a different role or setting to prevent direct contact with the child or children concerned. Whether redeployment is suitable depends on the nature and seriousness of the allegation.

Proportional response

The goal is to ensure the safety of children while also acting fairly towards the employee. Suspension is not automatic and will only be used if absolutely necessary. This approach ensures that the decision to suspend is measured and guided by safeguarding priorities, with alternatives considered whenever possible.

In situations where issues in your personal life may be relevant to your role at work, the following process will be followed to determine how to manage the information:

Evaluation by the LADO

The Local Authority Designated Officer (LADO) will assess the personal situation to determine if it poses any risk or potential risk to children in your care or within your professional environment.

Examples of cause for concern include:

• your child is the subject of a Child Protection enquiry (Section 47).
• your child is being supported by a Child Protection plan.
• you have been arrested, cautioned or convicted in relation to offences of violence.
• drug or alcohol misuse in your personal life
• there has been an allegation of abuse against a member of your
• household or a person closely associated with you.

Immediate Risk of Harm

If it is assessed that a child is at immediate risk of harm, the LADO will share the relevant information directly with your employer without delay. In this case, you may not be notified before your employer is informed, as the priority is safeguarding the child.

No Immediate Risk of Harm

If the LADO concludes that there is no immediate risk to children, it is more likely that you will be given the opportunity to share the information with your employer yourself. This provides you with the chance to address the matter openly with your employer before any formal actions are taken.

This process ensures that the balance between protecting children and respecting your opportunity to disclose personal issues is maintained. The focus remains on assessing whether the personal circumstances impact the safety and well-being of children.