WAJD Learning

Module 1 of 2 · 45 minutes

Receiving a concern, and deciding what to do with it

By the end of this module you will be able to

  • Apply a threshold decision and record the reasoning
  • Manage an allegation against a member of your own staff
  • Share information lawfully without consent where justified
  • Write a record that stands up months later

Work through it

1 interactive for this module, built on the WAJD Teach engine. Nothing moves until you ask it to, and every one has a written version if you would rather read it.

Amara What actually changes when the concern lands on my desk rather than me passing it up?

Nadia You become the person who decides. And the temptation that arrives with that is filtering.

Amara Deciding something is probably nothing.

Nadia Exactly. And here is why that is so dangerous. You hold one incident. The local authority might hold four others, from three different services, about the same person or the same worker.

Amara So my judgement is based on a fraction of the picture.

Nadia Always. Which is why the threshold for you is not whether abuse occurred. It is whether a concern exists that somebody with more information should look at.

Amara And if I decide not to refer?

Nadia Then record that decision as carefully as you would record a referral. The reasoning, the date, what you knew at the time.

Amara Why so carefully, if nothing happened?

Nadia Because an unrecorded decision not to refer is indistinguishable from not having noticed. And if it turns out badly, that is exactly how it will be read, and you will have no way of showing you thought about it at all.

Amara Let us do the hard one. An allegation against one of my own staff.

Nadia Which is where leads perform worst, and it is nearly always loyalty rather than negligence.

Amara What is the sequence?

Nadia Immediate safety of the person first. Then consider removing the staff member from contact. Then refer to the local authority, and the police if a crime may have been committed. Employment process last, running in parallel.

Amara My instinct would be to ask him what happened first.

Nadia And that instinct is the mistake. Putting the allegation to him before referring is investigating. It contaminates evidence, and it hands somebody an opportunity to influence witnesses who are also your staff.

Amara Do I have to suspend?

Nadia Not automatically, and suspension is often described as a neutral act when it is nothing of the sort for the person suspended. Consider redeployment away from contact first.

Amara But?

Nadia But never leave somebody in contact with the person while a serious allegation is unresolved. Those are the two errors, and they sit on opposite sides: suspending reflexively, and leaving somebody in place because you cannot believe it of them.

Amara Information sharing. Do I need consent?

Nadia Normally seek it. You can override it where there is a risk of serious harm to the person or others, where a child is at risk, where there is a legal obligation, or in defined public interest grounds like preventing serious crime.

Amara And how much do I share?

Nadia The minimum necessary, with the people who need it, for that specific purpose. Record what, to whom, and why.

Amara Anything leads get wrong?

Nadia One thing, and it is Caldicott principle seven. The duty to share information for someone's care is as important as the duty to protect confidentiality. Under pressure people become over cautious and withhold, and failing to share has killed people.

Amara Last thing. The record.

Nadia Same day. Facts, times, exact words in quotation marks, who was present, what you did, who you told and when, and your reasoning.

Amara How careful do I need to be?

Nadia Write it as though a coroner will read it, because safeguarding records end up in three places: a coroner's court, a safeguarding adults review, or a tribunal. No conclusions you cannot support, no speculation about motive, and never amend it later without the amendment being visible and dated.

The written material

The threshold is a judgement, and it must be recorded as one

Under section 42 of the Care Act 2014, a local authority must make enquiries where an adult has needs for care and support, is experiencing or at risk of abuse or neglect, and as a result of those needs is unable to protect themselves. Those three conditions are the statutory threshold for an enquiry.

Your threshold as a lead is lower and different: it is whether to refer. You are not deciding whether abuse occurred, and you must not investigate to find out. You are deciding whether a concern exists that somebody with more information and more authority should look at.

The commonest failure at lead level is filtering: deciding something is probably nothing and not referring. What makes filtering dangerous is that you hold one incident and the local authority may hold four others from three different services.

Allegations against your own staff

This is the situation that separates leads from reporters, and it is the one people handle worst, usually out of loyalty.

The sequence: ensure the immediate safety of the person. Consider whether the staff member should be removed from contact, which is a neutral act and not a disciplinary sanction. Refer to the local authority safeguarding team, and to the police if a crime may have been committed. Only then consider the employment process, and run it in parallel rather than in sequence.

Do not investigate first. Do not put the allegation to the staff member to hear their side before referring: that is investigating, it contaminates evidence, and it gives an opportunity to influence witnesses.

Where the person works with children, allegations go to the Local Authority Designated Officer. For adults, know your local authority's specific process before you need it, because looking it up at four o'clock on a Friday is not a plan.

Sharing information without consent

Consent should normally be sought. It may be overridden where there is a risk of serious harm to the person or to others, where a child is at risk, where there is a legal obligation or court order, or in defined public interest circumstances such as the prevention or detection of serious crime.

The test is proportionality: share the minimum necessary, with those who need it, for the specific purpose, and record what was shared, with whom, and why.

And remember Caldicott principle 7, which is the one leads forget under pressure: the duty to share information for individual care is as important as the duty to protect confidentiality. Failing to share has caused documented deaths.

The record

Write it the same day. Facts, times, exact words in quotation marks, who was present, what you did, who you told and when, and the reasoning for the decision you took.

Write it as though it will be read by a coroner, a safeguarding adults review, or a tribunal, because those are the three places safeguarding records end up. Do not write conclusions you cannot support, do not speculate about motive, and never amend a record later without making the amendment visible and dated.

Store it securely and separately from the general care record where your policy requires, and make sure a deputy can find it if you are on leave.

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