The prospect of having an allegation made against you, the early years practitioner, fills most with dread. It is the area of safeguarding practice that causes considerable concern and anxiety. However, it is important to recognise that up to 65-70 per cent of allegations or complaints are avoidable. In other words, we can see them coming. In this, the third article, the aim is to:
- Re-establish the importance of professional 'mindfulness' in practice
- Provide guidance on how the setting manager and lead person should respond to allegations when they arise.
The intention is to leave the reader more confident in this area and suggest how policy, procedure and practice might be enhanced.
Need for transparency
A common mistake in the early stages of responding to an allegation is to adopt one of two positions, either:
- 'This could not have happened' - and to set about finding supportive evidence. In this scenario, the manager might listen to all parties' views, respond efficiently and have the matter resolved quickly. But this often leaves those lodging the allegation unsatisfied and they then take it elsewhere, to Ofsted, the Police or the press. Or
- 'This is a staff discipline matter' - and take it down the procedural route, often resulting in a guidance interview and formal warning or dismissal.
The difficulty is that neither tends to give the complainant sufficient voice in the matter, particularly where this might be a parent. Although the safeguarding dimension will have been central to decision-making, in neither case was it taken down the formal child protection procedure route.
This may well be why families, particularly those who have experience of the child protection process, will be left feeling unsatisfied, because, 'You treated your staff differently from me'. Transparency is vital in these cases, with all parties empowered in a partnership to protect children and their families from harm.
An objective overview
In order to practise from a transparent position, we need to understand that:
- Adults who abuse children physically, emotionally, psychologically, sexually or through neglect, could achieve easy access to both children and socially vulnerable parents in a childcare setting.
- Abuse might be actively intended or unintentional, it may occur through the practitioner's emotional immaturity or a history of abuse from their own upbringing.
- Abuse or neglect of children might arise when the practitioner is under particular stress themselves, such as following the breakdown of a significant relationship or death of a family member.
- Practitioners who harm children may come across as credible, professionally well-qualified, respected and appear competent. Such practitioners, both men and women, often arrive at the setting with excellent references and cleared checks.
As with all manifestations of abuse, practitioners' values and beliefs are challenged. It is vital that we employ professional mindfulness, consistently adhere to our professional code of practice, apply our whistleblowing policy and listen carefully to anyone who makes an allegation or complaint.
The lead person, and manager in particular, need to be able to hover over the setting and the dynamics of relationships, and bring objectivity to bear.
Making the right decisions
What is the appropriate response to an allegation against a practitioner?
Expectations are laid down for early years settings in sections 3.3-3.15 of the EYFS Guidance, Working Together to Safeguard Children 2006, Appendix 5 and if the setting is in London, Section 15 of the London Child Protection Procedures 2007. Together these represent the legal framework.
Anyone receiving information that suggests an allegation is being made should listen carefully, provide reassurance that such matters are taken seriously in the setting, and note what is said at the earliest opportunity. This information, and if possible the person making the allegation, should be taken to the manager as soon as possible. Only the manager has the authority to take decisions about matters that concern staff employment rights.
The manager should recognise that their responsibilities are two-fold:
- ensure that all children, parents and staff members are safeguarded, in accordance with the setting's safeguarding children policy, and
- conduct themselves as a 'reasonable employer'.
During this initial stage managers must maintain objectivity and recognise that the allegation may well have foundation. The manager should undertake an information-gathering exercise to gain an understanding as to the allegation being made, who might be involved and/or implicated, and whether there are any background features, such as historical or current conflict between the parties involved or emotional or mental health needs.
The manager should never enter into their own investigation at this point. The local authority designated officer (LADO) should be contacted within one day of the allegation being received. The LADO has the knowledge and experience to work closely with the manager to decide what should happen next, which professional services should take the lead, and the procedure to be followed.
In this early discussion, the manager will be advised and helped through the process. This is likely to include:
- Consideration as to whether the practitioner should be suspended and, if so, how they will be supported through this period.
- How parents will be informed and supported through the process.
- Ensuring that Ofsted is informed of the allegation (a statutory requirement under EYFS).
- Whether this allegation should be investigated by children's social care and/or the police child protection team under the child protection procedures, or whether the setting should undertake a management investigation or follow its disciplinary procedure.
The importance of working closely with the LADO cannot be over-stressed. Given the knowledge and experience held by them, it is likely the manager will feel reassured, well-supported and advised. This would include not acting in a way that could compromise the investigation, for example by taking written statements.
If the decision is made to follow the child protection procedure route, the manager will naturally be invited to attend a strategy meeting or a series of them. The purpose of this meeting is to plan the investigation, including who is to do what and when.
Only when the child protection investigation has been confirmed as concluded is it appropriate for the manager to proceed to a management investigation or staff disciplinary process. The findings of the child protection investigation will be made available to inform these procedures. Although the procedure may not have uncovered evidence of abuse requiring a criminal charge, practice may not have met the standards expected of a professional childcare practitioner.
In this context the manager's findings, through the setting's formal procedures, may result in the practitioner's contract of employment being varied or terminated. Where this is the case, the Independent Safeguarding Authority must be notified under the new vetting and barring procedures.
In bringing the investigation to a conclusion, all parties involved should be helped to arrive at a 'place of closure'. This includes the child and parents, the practitioner and the wider staff team. A full record of the investigation must be kept on the practitioner's personnel file as this provides a reference point should a further allegation arise in the future.
This record establishes a safeguard for the practitioner in detailing the findings of the investigation, and might help in identifying a pattern of 'targeted' or prejudiced attitudes towards them.
Finally, any such event in the life of an early years setting is an opportunity to reflect on learning, including making modifications to policy, practice and identifying general or specific training needs.
- Further information: Catherine Rushforth is director of Catherine Rushforth & Associates Training and Consultancy, which runs a number of workshops addressing issues to do with safeguarding. E-mail: Catherine.rushforth@ntlworld.com
- Part 4 will be published on 28 May