An overview of the elements to consider to ensure you get the basics right, as well as guidance for overcoming the challenges that come with staff allegations.

1. The Education HR in the North West Conference
January 2018, Manchester
Managing allegations against staff

2. This session
Part one – Getting the basics right
Part two – Overcoming challenges
Plenty of discussion throughout

3. Allegations against staff
Part one – Getting the basics right

4. Part one – getting the basics right
• The guidance
• Understand the key agencies
• Telling the staff member
• Investigation and outcomes

5. The guidance
Keeping Children Safe in
Education 2016
• Applies to staff and volunteers in
schools, academies, FE Colleges
and other establishments that
provide education for under 18s.

6. When should it be used?
Where it is alleged that a member of staff has:
• Behaved in a way that has/may have harmed a child
• Possibly committed a criminal offence against or related to a
child
• Behaved in a way that indicates that s/he would pose a risk
of harm if worked regularly or closely with children
What if this threshold is not met?

7. The key agencies
In most investigations, there are three key agencies:
• The Designated Officer(s) at the LA
• The police
• You
Each has their own very different focus.

8. Designated Officer(s)
They calls the shots!
• What is their focus?
• How well do you know your Designated Officer?
– Do you have a working relationship with them?
– Do they know you, your school and your approach to
safeguarding pupils?
– Do you have contact details for at least one of them?

9. The police
• What is their focus?
• Do you have a school liaison officer?
– Do you have a working relationship with them?

10. You (the school)
• What is your focus?
– The child?
– The staff member?
– Your wider staff?
– Reaching an outcome?
– Parents and pupils?
• How easy is it to manage these competing interests?
• Who makes the referral?

11. Telling the staff member
• Should be done as soon as possible
– Consultation with Designated Officer (and police if
involved)
• Who should do it?
– School in most circumstances
• What do you say and how do you do it?
– What records do you keep?
– Do you follow up with a letter?

12. What about suspension?
• Should only be done where there is a risk of significant harm
• If you do suspend:
– Give reasons and provide a named contact at the school
– Record your reasons and regularly review them
– Seek advice and support from your legal and/or HR
service
• Can the police/Designated Officer require you to suspend?

13. Sli.do – vote now
Can the police require you to suspend?
No, never
Yes, always
Sometimes…

14. Supporting the staff member
• You have a duty of care to your employees
• Seek to minimise the impact on the employee who is subject
to an allegation
• Inform them of the concerns (as agreed) and explain likely
course of action
• Advise employee to seek support from professional advisers
or colleague for support
• Access to counselling or OHU
• Appoint a named person as main contact point for support

15. Investigation and outcomes
• Investigation almost always required
• Who carries it out in your school?
• Must reach one of the four outcomes:
– Unsubstantiated
– Substantiated
– False
– Malicious

16. Settlement agreements
Para 167:
• If the accused person resigns or their services cease to be
used and the criteria are met, it will not be appropriate to
reach a settlement/compromise agreement.
• A settlement/compromise agreement which prevents the
school or college from making a DBS referral when the
criteria are met would likely result in a criminal offence
being committed as the school or college would not be
complying with its legal duty to make the referral.

17. Sli.do – vote now
Would you use settlement agreements where an allegation
has been made?
Yes
No

18. Allegations against staff
Part two – Overcoming challenges

19. Part two – overcoming challenges
• Working with the police
• Driving the strategy discussion
• Referring to the DBS and/or NCTL
• The press, parents, pupils and staff

20. Working with the police
• Do you have a school liaison police officer (SLP)? If so, how
well do you know them?
• When working with the police on an allegation, how do you
manage:
– a lack of engagement?
– a slow investigation?
– a lack of information sharing?

21. Working with the police – case study
An allegation is made directly to the police (not to the school
at all) that a staff member is involved with drugs. The school
has no more information.
The staff member denies all allegations and refuses to engage
with the school. The police are taking no action.
What information do you need from the police and how can
you get it?

22. Working with the police – case study
A pupil alleges they have been in a sexual relationship with a
member of staff. The police investigate and ask you not to
carry out your own investigation until they are done. You
suspend your member of staff.
Four months pass and the police have not concluded their
investigation. Your member of staff is still suspended.
How can we influence the police to conclude their
investigation or persuade them to allow you to carry out
your own?

23. What are our options?
• Dismiss
• Bail conditions
• Negotiate
• Dismiss for another reason

24. Driving the strategy discussion
• Convened if suspect significant harm suffered/likely
• School will be invited and should attend
• Where police not involved, Designated Officer will lead and
discuss next steps with you

25. Driving the strategy discussion
• Where the police are involved, Designated Officer will lead
and liaise with you
• What should you expect at a strategy discussion?
• Should your HR advisor attend?

26. The press, parents, pupils and staff
• Managing an allegation is tough enough. To increase the
pressure you may also have to contend with:
– The local/national press wanting comment
– Parents/staff/pupils gossiping about the allegation
– Allegation discussed on social media
• How do you deal with it?

27. The press, parents, pupils and staff – case study
Naked pictures of a staff member have been posted online by a
pupil who left the school in July 2015. The former pupil alleges
he had an affair with that staff member.
Many of your staff, your pupils and their parents have seen the
pictures. Parents have started a Facebook page calling for the
Head to resign and for the staff member to be dismissed.
The staff member denies any wrongdoing but resigns with
immediate effect. The next day local paper calls asking for
comment.

28. The press, parents, pupils and staff – case study
• Still required to follow the guidance
• Consistency is the key – deliver the same core message to
staff, parents, pupils and the press
• How can you manage the press?
• What support do you need and who from?

29. Referrals to the DBS and/or NCTL
• When should you refer?

30. DBS
Referral must be made when both of the following
conditions are met:
i) The RAP withdraws permission for an individual to
engage in regulated activity or would have done so had
that individual not resigned, retired, been made
redundant or transferred out of regulated activity
because…

31. DBS
ii) They think that the individual has:
 been cautioned or convicted of a relevant offence
 engaged in ‘relevant conduct’; or
 satisfied the ‘Harm Test’
Both i) and ii) need to be satisfied for the duty to be triggered

32. DBS - What if the duty isn’t triggered?
• You can make a referral where the duty is not triggered but
you believe there are concerns but you do not have the
evidence to dismiss.
• DBS required by law to consider the referral.

33. NCTL
Responsible for investigating allegations of serious misconduct
against teachers and headteachers in schools in England.
Does not apply if the allegation:
• relates to professional incompetence
• if the person is not a teacher
A referral is appropriate if the alleged misconduct is so serious
that it warrants a decision on whether the teacher should be
prevented from teaching.

34. NCTL
• Statutory duty for employers to refer to NCTL if threshold is
met.
• Consider where teacher is dismissed or would have been
dismissed if they had not resigned.
• A prohibition order means that the person is not allowed to
undertake unsupervised teaching work in schools .
• This guidance sets out types of offences/matters that could
lead to prohibition.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/495028/Teacher_
Misconduct_The_Prohibition_of_Teachers_advice_updated_26_Jan_2016.pdf

35. www.brownejacobson.com/education

36. Dai Durbridge | 0161 300 8037 | dai.durbridge@brownejacobson.com
Eleanor Drabble| +44 (0)330 045 2108 | Eleanor.Drabble@brownejacobson.com
Please note
The information contained in these notes is based on the position at January
2018. It does, of course, only represent a summary of the subject matter covered
and is not intended to be a substitute for detailed advice. If you would like to
discuss any of the matters covered in further detail, our team would be happy to
do so.
© Browne Jacobson LLP 2018. Browne Jacobson LLP is a limited liability
partnership.