Managing Allegations against paid staff, carers and volunteers who work with adults with care and support needs

The Care Act 2014 introduced a single new statute to replace most existing adult social care law. The care and support statutory guidance formalised the expectations on local Safeguarding Adults Boards to establish and agree a framework and process for how allegations against people working with adults with care and support needs (i.e. those in a position of trust) should be notified and responded to.

 While the primary focus of Adult Safeguarding work is to safeguard one or more identified adults with care and support needs, there will be occasions where a risk or potential risk may be posed by a person who works with adults with care and support needs, but where there is no specific adult at risk identified. Where such concerns are raised about someone who works with adults with care and support needs, it will be necessary for the employer (or student body or voluntary organisation) to assess any potential risk to adults with care and support needs who use their services, and, if necessary, to take action to safeguard those adults

There is regional guidance in place for all partner agencies to refer to in exploring those in a Position of Trust who do work with adults with care and support needs.With regards to the City of Wolverhampton Council the Position of Trust concerns for those persons who are working with adults with care and support needs is managed, actioned and co-ordinated by the Local Authority Designated Officer (LADO) and this is Kenny Edgar.  This is a distinct and specific decision that pertains to those who are working in a Position of Trust within the boundaries of Wolverhampton and the LADO will consider allegations against those in a Position of Trust for the workforces who are working with children/young people and adults with care and support needs.

A Person in a Position of Trust (POT) is anyone who carries out work, be that paid or unpaid, on behalf of an agency which has access to children or adults with care and support needs or has access to privileged information about children or adults with care and support needs as part of their work.  A Position of Trust concern would arise when there are concerns or allegations that indicate that the person in the Position of Trust poses a risk of harm to adults with care and support needs or they are unsuitable to work with adults with care and support needs. 

The four specific threshold criteria for those who work with adults with care and support needs are that they have:

• Behaved in a way that has harmed, or may have harmed, a child and/or adult with care and support needs
• Possibly committed a criminal offence against children, or related to a child, or and/or adult with care and support needs
• Behaved towards a child/children and/or adult with care and support needs in a way that indicates s/he may pose a risk to children/adult with care and support needs .
• Behaved or may have behaved in a way that indicates they may not be suitable to work with children and/or adult with care and support needs

When making a referral you must make a clear distinction between an allegation, a concern about the quality of care or practice or a complaint - this is helpful as only the  allegations that highlight those incidents where there is a risk of harm to adults with care and support needs are relevant for a Position of Trust referral.

Decisions on sharing information must be justifiable and proportionate, based on the potential or actual harm to adults or children at risk and the rationale for decision-making should always be recorded.

Allegations against people who work with adults with care and support needs must not be dealt with in isolation. Any corresponding action necessary to address the welfare of adults with care and support needs should be taken without delay and in a coordinated manner, to prevent the need for further safeguarding in future.  Therefore as well as making a Position of Trust referral this may also occur in parallel to an adult safeguarding referral to protect any adult or adults with care and support needs from experiencing abuse, neglect and harm.

There may be occasions when there is something that is happening outside of a person’s working life and professional life and those events and matters that may occur in an employee’s or volunteer’s private life that may highlight there is a “transferrable risk” to the adults with care and support needs with whom they work with in their professional life. The fourth element to the threshold criteria would often be considered in such cases and this is about the persons suitability to work with adults with care and support need.  The LADO will consider such cases, in liaison with relevant agencies such as the Police, Adult Social Care and/or Children’s Social Care and the employer directly to determine the right course of action to address these risks and what is required to manage these risks.

Examples may include those who are involved in acts of violence towards others or if there are concerns with regards to Domestic Abuse for the employee/volunteer. If there are issues with regards to the employee/volunteer and their problematic use of alcohol and/or drugs which would make them a risk of harm to adults with care and support needs.  There may be instances where the employee/volunteer may have a crisis with regards to their mental health/emotional well-being and this may highlight potential risks of harm to the adults with care and support needs that they work with.

Each case and subject will be considered and reviewed on an individual basis and we do not want to automatically stigmatise anyone who is struggling with their mental health and emotional wellbeing either.  There may be occasions when this concern should be addressed as an employee welfare concern only by the employer rather than as a referral to the LADO. Other examples can also include matters where an employee/volunteer may be in an intimate relationship with or have a close association with a person who is identified as posing a serious risk of harm to children and young people and/or adults with care and support needs. This may have implications for the subject’s employment and risks to those they work with and consideration needs to be given as to how to manage this and address this with the employer.

The LADO will consider all of these areas and if they are to inform the employer of these concerns and risks, the LADO will determine the suitable course of action to address this safely.  This may include a Position of Trust meeting that could take place to share information and agree formal steps to address the concerns and the risk of harm that the employee/volunteer may pose to the adults with care and support needs.  The LADO may also feel that a risk analysis that is drawn up and agreed with the employer may be enough to manage any perceived risks and the matter is addressed as a less formal route and the employee would be informed of this and kept informed of the developments. 

It is important to acknowledge that prior to any formal referral being completed for an employee/volunteer for those who works with adults with care and support needs, the person/subject should be informed that they are being referred to the LADO.  The employer has a duty to update their employee as to the outcome of any position of trust referral and process as we do believe in being as open and transparent with people who have been referred to the LADO, where possible and practicable.