While the principles in the Policy and Good Practice Guidelines apply to work with children and young people in any location, the Reporting Procedures were drawn up with the legislative framework or England, Wales and Northern Ireland and may vary outside these jurisdictions.

This document will be broken down into the following categories:

• Reporting a disclosure

• Initial consideration of whether there is substance in an allegation

  • Where an allegation is made against a person not working for CSL

  • Where an allegation is made against a person working for CSL

• Investigations

  • Where a referral under the local child protection procedure is necessary

  • Where wholly satisfied that the child or children is/are not at risk of significant harm

  • Suspension, pending the outcome of an investigation

  • Outcome of the investigation

• Allegations found to be without substance

• Record Keeping

Reporting the Disclosure

If a child lets you know, by whatever means, that s/he has been abused, or if you are told by anyone else that a child is being abused, or if you see something yourself which leads you to think a child may be being abused, you should:

• Listen to what s/he says, without making any suggestions yourself

• Do not ask any leading questions or make judgements

• Do not promise total confidentiality, but explain whom you must tell and why

• Pass the information on to CSL’s Designated Safeguarding Lead (DSL) – Rachel Doherty Rachel@creativespaces.com / 07412384383..

• If the allegation is against the DSL, pass the information on to

 Taz Virdee on t.virdee@berkeleyacademy.org.uk  or 07840047771

• Make a written, dated record of the allegations as soon as practicable (certainly within 24 hours).

Initial Consideration of whether there is substance in an allegation

As soon as an allegation is made, as well as consulting the appropriate child protection agency, the designated person should obtain details of the allegation in writing (signed and dated by the person who receives the allegation), and record any information about times, dates, locations and names of potential witnesses.  This information will be made available to the appropriate authorities, and a copy will be kept securely at CSL.

Where an allegation is made against a person not working for CSL

This includes an allegation against another child, the designated person for CSL will inform the appropriate authorities. All companies will have their own DSL and, should they be unavailable, appropriate authorities can include the local police station, local social services or NSPCC Childline on 0808 800 5000. Any further involvement from CSL will be agreed between the designated person and the child protection agency, and will only take place if in the child’s best interests.

Where an allegation is made against anyone working for CSL

The designated person will make an urgent initial consideration, in consultation with the appropriate child protection agencies, of whether or not there is sufficient substance in an allegation to warrant an investigation.  The substantive decision on whether to investigate under local child protection procedures rests with the child protection agencies, who will advise if a further investigation is needed and, if so, by whom.  Only if the allegation is trivial or demonstrably false, would a further investigation not be warranted.  Any subsequent investigation of all the facts will be aimed at establishing whether the allegation can be substantiated.

There will be one of four possible decisions, following that consideration:

1. that an immediate referral under the local child protection procedure is necessary.

2. that there is reason to suppose abuse could have occurred and that referral under the local child protection procedure or under internal disciplinary procedures may be necessary.

3. that the allegation was prompted by inappropriate behaviour which needs to be considered under internal disciplinary procedures

4. that the allegation is apparently without foundation

Unless there is an objection by the police or child protection agency concerned, the designated person will inform the parents of the child concerned, and the Artistic Director will inform the employee against whom the allegation is made, of the outcome of the initial consideration and the procedures which will now be followed.  Should an allegation be made when the Artistic Director is not present, the most senior member of staff in the relevant department will inform the employee against whom the allegation is made.

Investigations

Where a referral under the local child protection procedure is necessary

The allegations will need to be investigated under both the local child protection procedures and CSLs disciplinary procedures.  Any investigation by the police or child protection agencies will take priority over and internal investigation by CSL.  The employee will be informed of the instigation of the disciplinary proceedings, but the internal investigation will be held in abeyance pending the outcome of the external investigation.

The police should be given every assistance with their enquiries but confidentiality about the enquiries maintained in the employee’s interests.  When police are involved, it would not normally be expected that police interviews of CSL staff would be undertaken on CSL premises.

Where wholly satisfied that the child or children is/are not at risk of significant harm, and that a reportable criminal offence has not been committed

An internal investigation will be carried out to establish whether action in accordance with CSL’s disciplinary procedure is appropriate.  The nature of the investigation must take into account the need to minimise the stress to the person who may be wrongly accused of serious offences.

Suspension, pending the outcome of an investigation

Suspension from any element of an employee’s work may be considered at any stage of an investigation, but will not be undertaken without good reason.  Circumstances in which suspension properly occurs include:

1. where that person presents a risk to a child or children

2. where the allegation are so serious that dismissal for gross misconduct is possible

3. where a suspension is necessary to allow the conduct of the investigation to proceed unimpeded.

If it is considered that suspension is necessary along with a full investigation of the allegation, the employee should be advised that he or she is suspended from duty on full pay.  This should be confirmed in writing, giving reasons for the suspension.

The HR committee will consider careful, and keep under review, decisions as to whom is informed of the suspension and investigation and to what extent confidentiality can or should be maintained, according to the circumstances of a particular case.  In a situation where a matter becomes common knowledge or the subject of general gossip, it may be desirable to provide an accurate statement for general information.

The employee will be kept informed of the timetable of the investigation, and should feel able to contact those conducting the investigation.  The employee will be offered counselling, or other support.

Outcome of the investigation

At the end of the investigation, a meeting should be arranged to inform the employee of the next steps.  The employee may be accompanied or represented by a union representative or a colleague.

If the outcome is a disciplinary charge, further action will be in accordance with CSL’s disciplinary procedures, and will happen after the child protection enquiries are completed.

If the employee has been suspended and it is not intended to proceed with any form of disciplinary action or to dismiss, the suspension should be lifted immediately.

Other than in the event of dismissal, the HR Committee will offer the opportunity for informal counselling.  This could be used to give appropriate guidance, support and reassurance and to help rebuild, where necessary, an employee’s confidence.

On the conclusion of any investigation and any related disciplinary proceedings, the child or children who made the allegations and their parents should be informed of the outcome of the proceedings, and appropriate support for them should be considered.

Allegations found to be without substance

Where, following the initial consideration, the allegation is found to be without foundation, the designated person will:

1. consider in consultation with the child protection agencies whether the child might have been abused by someone else

2. consider, in consultation with the child protection agencies, appropriate counselling and support for the child or children who made the allegation/s

3. inform the parents of the child or children of the allegation and the outcome

4. prepare a report, setting out in conclusion that the allegation is without foundation, with reasons.

The HR Committee will:

1. inform the employee of the allegation and the fact that no further action is to be taken under disciplinary or child protection procedures. The employee may be accompanied by a union representative or colleague.

2. consider whether counselling and/or informal professional advice to the employee is appropriate and the form either might take.

Record Keeping

All paperwork relating to concerns or allegations of abuse will be stored securely in a fire-proof cabinet for 30 years.