The Local Authority Designated Officer (LADO)

Everyone who has an allegation made against them should be advised about the allegation and offered a right of reply to the concerns. However, it is important that no approach is made to the person against whom the allegation has been raised until you have spoken to the LADO and conducted some basis fact finding. When consulting with the LADO, they will want to know:

• the basic details, name, DOB and Home Address for the person against whom the allegation has been made;
• the role and place of work, and any other work or volunteering that a person may do that brings them into contact with children;
• the specifics of the alleged conduct, risk or concern;
• details of any potential victim, if relevant;
• the information gathered during your fact-finding with complainant/victim and/or witnesses.

It is also helpful to know what the complainant/parent or guardian wishes to do with complaint. For example, if they intend to report the matter to the Police or regulatory body. This will ensure that the LADO can immediately link with the relevant and involved bodies.

The immediate decision that needs to be taken by the employer or voluntary setting is whether the alleged risk can be managed safely in the work or voluntary setting. This is called transferable risk. In some circumstances the allegation is so serious that the employer or voluntary setting have no option but to suspend the person from their duties. However, this step should not be taken without considering if the person can be moved to alternative duties or have their place of work altered before any decision is made to suspend. It should be remembered that suspension is no longer considered to be a neutral act and that it fundamentally changes the relationship between the employer and employee. Please always take advice from the LADO about what information can be imparted at the point of suspension to ensure that this will not compromise any safeguarding arrangements for children, a criminal prosecution or gathering of evidence by the employer/voluntary setting. It is important to take advice from an HR lead or in some cases employment law advice, were possible.

Whether someone is suspended or “stepped down” from their role or not, support to them throughout the investigation and whilst associated with your setting, is vitally important. The person subject to the allegation should be told when they will next have contact with someone from your setting and who that person will be. They should be provided with, or signposted to, services that can support them including mental well-being support. They should be advised what the next step will be and the likely timescale for this. The LADO can assist with the latter aspect and help you understand how the allegation management process will progress. Opening up a direct line of communication with the person of concern, rather than through a third party will help the investigation progress more quickly and ensure that you, as the employer or voluntary setting can continue to provide the right level of contact and support. The LADO should be able to provide you with a leaflet for your employee or volunteer that explains the LADO role and the process of investigation. Even without this leaflet, it is important that once approach to the person of concern is agreed by the LADO, they are informed of the LADO role, why this is being managed independently and that records are being kept of this allegation and the resultant process and outcome.

Everyone has the right to resign their position or withdraw from their work or volunteering. In some cases, this may be the case whilst there is an active allegation being investigated. The employee or volunteer needs to be advised that the process of investigating the allegation will continue and that periodically they will be invited to meet with you and offer a right of reply. In some cases, the previous employee or volunteer will fail to maintain this communication with the employer; and in these circumstances every effort must be made to conclude the investigation on the evidence that is available at the time. It is important that the employer or voluntary setting impart this to their worker. Resignation or withdrawal will not end an allegation investigation, this will continue to conclusion.