Investigation process
57. The Authority must allow the relevant agencies to investigate the allegation, and await outcome of a Section 47 investigation under the Children’s Act 1989, or a criminal investigation, before taking any action against the member of staff (unless advised
otherwise by investigating agencies). This includes any form of investigation under the Authority’s Code of Conduct or Discipline Regulations.
58. The Authority must co-operate in the investigation, including releasing all relevant details requested, where they are held by the Authority, under Section 47 of the Children’s Act.
59. Investigations involving safeguarding allegations against staff and volunteers will be led by a member of staff with the appropriate qualification as set out in the Safeguarding Policy, and at a more senior level than the member of staff that is the
subject of the allegation. Safeguarding complaints against a member of staff will be jointly investigated with HR.
60. Once the investigation is completed by the relevant agencies, the Authority will be notified of the outcome in terms of any further action they may wish to take. The Assistant Director – Human Resources should then notify the LADO of the outcome of
the investigation. The outcome will be one of the following, which will be categorised by the Authority:
- Substantiated
- Unsubstantiated
- Unfounded (being either malicious or false)
61. If there was an outcome of substantiated or unsubstantiated then an investigation under the Authority’s discipline regulations will be undertaken.
62. If the allegation does not pass the relevant thresholds in the opinion of the LADO, or the case has been closed by Police/Social Services, the allegation may still be considered under the Authority’s discipline process. The Assistant Director, Human
Resources, may still want to liaise with the relevant LADO as part of this investigation to utilise their skills and experience.
63. The Assistant Director, Human Resources, will notify the LADO of the outcome of the discipline process regardless of the outcome. The Authority will utilise the same classifications as shown in paragraph 160. It may also be necessary following
discussions with the LADO to notify the Disclosure and Barring Service of the outcome from both investigations.