Staff Policy

Policy and Procedure for Dealing with Allegations Against Staff

1. Introduction

Birmingham Carers Support ("the Organisation") is committed to safeguarding and promoting the welfare of all individuals who come into contact with the Organisation’s services, particularly vulnerable groups such as children, young people, and vulnerable adults. The Organisation has a duty to ensure that allegations of abuse or inappropriate behaviour by staff (including employees, volunteers, contractors, and other individuals working on behalf of the Organisation) are dealt with promptly, thoroughly, and fairly.

This Policy and Procedure ("the Policy") outlines the steps to be taken when there are allegations or concerns about the behaviour or conduct of staff, in accordance with safeguarding principles, legal requirements, and best practices.

2. Purpose

The purpose of this Policy is to:

• Set out the procedures to be followed when allegations are made against staff.

• Ensure that allegations are dealt with in a timely, consistent, and fair manner.

• Provide guidance on the protection of vulnerable individuals during investigations.

• Outline the responsibilities of staff and managers in handling allegations.

• Comply with relevant laws, regulations, and safeguarding guidelines.

3. Scope

This Policy applies to all staff, including employees, volunteers, contractors, and any other individuals working with or on behalf of the Organisation. It covers all situations where there are allegations or concerns of abuse, misconduct, or inappropriate behavior, whether the incident occurred within the scope of the individual’s professional role or outside of work-related activities.

4. Legal Framework

This Policy is developed in line with the following laws and guidelines:

• The Safeguarding Vulnerable Groups Act 2006 (UK)

• The Children Act 1989 and 2004

• The Care Act 2014

• The Equality Act 2010

• The Human Rights Act 1998

• The Rehabilitation of Offenders Act 1974

• The Protection of Children Act 1999

• Local safeguarding guidelines and procedures

• The Data Protection Act 2018 (GDPR)

5. Definitions

For the purposes of this Policy, the following definitions apply:

• Allegation: A claim or assertion made about the behaviour, actions, or conduct of an individual that is believed to be inappropriate or abusive.

• Staff: Includes all employees, volunteers, contractors, board members, or any other individuals working with or on behalf of the Organisation.

• Abuse: Any action or inaction that causes harm or distress to another person, including physical, emotional, sexual abuse, neglect, or financial exploitation.

6. Principles

The Organisation will follow the principles outlined below when handling allegations against staff:

• Confidentiality: Allegations will be handled confidentially, with information shared only on a need-to-know basis. Information should only be disclosed in accordance with safeguarding or legal requirements.

• Impartiality: Investigations will be impartial and fair, ensuring that both the person making the allegation and the individual facing the allegation are treated fairly.

• Protection of Vulnerable Individuals: The Organisation’s first priority will be the protection and welfare of vulnerable individuals involved in the allegation. Steps will be taken to ensure their safety and wellbeing during the investigation.

• Support for All Parties: The Organisation will ensure that appropriate support is provided to both the individual making the allegation and the staff member against whom the allegation is made.

• Timeliness: Allegations will be dealt with promptly, and appropriate action will be taken in a timely manner.

• Compliance with Legal and Regulatory Requirements: All procedures will be compliant with safeguarding laws, data protection regulations, and relevant policies.

7. Procedure for Handling Allegations

The following steps outline the procedure for dealing with allegations against staff:

Step 1: Initial Reporting of Allegations

• Reporting Allegations: Allegations should be reported immediately to the Designated Safeguarding Lead (DSL) or the person responsible for safeguarding within the Organisation. If the allegation involves the DSL, the matter should be reported directly to the Chief Executive Officer (CEO) or the Chair of the Board of Trustees.

• Initial Assessment: Upon receiving an allegation, the DSL or relevant safeguarding officer will carry out an initial assessment to determine the severity and nature of the allegation. This will involve:

  • Determining whether the allegation suggests that a crime may have been committed.

  • Assessing whether the allegation poses a risk to the safety or wellbeing of any vulnerable individuals.

  • Reviewing any evidence available, such as witness statements, documentation, or physical evidence.

Step 2: Taking Immediate Action

• Protecting Vulnerable Individuals: If the allegation involves harm or potential harm to a vulnerable individual, immediate action will be taken to ensure their safety. This may include suspending the staff member facing the allegation, reassessing their duties, or temporarily reassigning their responsibilities to prevent further contact with the affected individual(s).

• Reporting to Authorities: If the allegation involves criminal behavior (e.g., sexual abuse, physical abuse), the Organisation will report the matter to the police or relevant child protection or adult safeguarding authority immediately.

Step 3: Investigation

• Internal Investigation: An internal investigation will be conducted by an appointed investigator, typically the Head of HR or an independent senior manager. The investigation will be conducted fairly, impartially, and without bias. Both the individual making the allegation and the staff member facing the allegation will be interviewed, and evidence will be gathered.

• External Investigation: In cases where the allegation involves a serious criminal matter, or where an internal investigation may be seen as conflicted, the Organisation may involve an external investigator or cooperate with law enforcement authorities.

• Suspension: During the investigation, the staff member facing the allegation may be suspended, pending the outcome of the investigation. Suspension is a neutral act and does not imply guilt. Suspension will be for the minimum period necessary and will be subject to regular reviews.

Step 4: Outcome of the Investigation

• Action Following Investigation: Based on the findings of the investigation, the Organisation will determine the appropriate action. Possible outcomes include:

  • No Action: If the allegation is not substantiated, the staff member may resume their role without any further action.

  • Disciplinary Action: If the allegation is substantiated, the Organisation may initiate disciplinary action, which could include a formal warning, suspension, or termination of employment, depending on the severity of the misconduct.

  • Referral to Professional Bodies: In cases of serious misconduct, the Organisation may refer the staff member to their professional regulatory body (e.g., Health and Care Professions Council, the General Medical Council).

  • Legal Action: If the investigation reveals criminal behaviour, the Organisation will refer the matter to law enforcement agencies for prosecution.

Step 5: Informing Relevant Parties

• Notification: The staff member who was the subject of the allegation will be informed of the outcome of the investigation, and any actions to be taken will be clearly explained. Where appropriate, the individual who made the allegation will also be informed of the outcome, ensuring transparency and accountability.

• Record Keeping: A record of the allegation, the investigation process, and the final outcome will be maintained in accordance with data protection requirements. These records will be stored securely and only accessed by those with a legitimate need to know.

8. Support for Those Involved

• Support for the Individual Making the Allegation: The Organisation will ensure that appropriate support is provided to the individual making the allegation, including access to counsel ling or advocacy services if needed. They will also be kept informed throughout the process.

• Support for the Staff Member Facing Allegations: The Organisation will ensure that the staff member facing the allegation is treated fairly and with respect, and will provide support during the investigation process. They will have the opportunity to respond to the allegations and may seek legal or other professional advice.

9. Confidentiality and Data Protection

All information regarding allegations will be handled confidentially. The Organisation will comply with the Data Protection Act 2018 (GDPR) in the collection, storage, and sharing of personal data. Information will be shared only with those who have a legitimate need to know, and individuals will be informed of their rights under data protection laws.

10. Review and Monitoring

The Organisation will review this Policy and Procedure regularly to ensure it remains up to date with current legislation and best practice. All incidents involving allegations against staff will be monitored to identify trends or recurring issues, and improvements to the process will be made as necessary.