Allegations & Misconduct Policy

1. Scope and threshold

This policy governs how EDU Archives Tutors handles allegations against staff, candidates and volunteers. It is read alongside Part 4 of Keeping Children Safe in Education 2024 (KCSiE).

An allegation is any concern that a person who works with children may have:

• Behaved in a way that has harmed, or may have harmed, a child
• Possibly committed a criminal offence against or related to a child
• Behaved towards a child or children in a way that indicates they may pose a risk of harm to children
• Behaved or may have behaved in a way that indicates they may not be suitable to work with children (the "transferable risk" test)

2. Initial response

All allegations are reported to the Designated Safeguarding Lead (DSL) immediately on receipt. The DSL records the allegation factually within 24 hours, including who reported it, when, what was said, and who the alleged person is.

The DSL contacts the Local Authority Designated Officer (LADO) within one working day where the threshold is met. The DSL and LADO together decide next steps — internal investigation, multi-agency strategy meeting, police involvement, or no further action.

3. Supporting the accused

The person against whom an allegation is made is treated fairly. They are informed of the allegation at the earliest appropriate stage, in line with LADO advice (which may be delayed if doing so could compromise an investigation or place a child at greater risk). They have the right to support — a colleague, trade union representative, or independent advisor.

Where appropriate the person is removed from active placements while the investigation runs. This is a neutral protective measure, not a finding of fault.

4. Outcomes

Outcomes fall into four categories:

• Substantiated — sufficient evidence to prove the allegation; the person may be dismissed and referred to DBS / regulator
• Malicious — sufficient evidence to disprove the allegation; the person resumes work; the originator may face consequences
• False — sufficient evidence to disprove the allegation but no deliberate intent to deceive
• Unsubstantiated — insufficient evidence to either prove or disprove; the person may resume work

5. Statutory referrals

Where a person leaves EDU Archives Tutors (whether by resignation or dismissal) in circumstances where the threshold for referral to the Disclosure and Barring Service is met, we make that referral as required by section 35 of the Safeguarding Vulnerable Groups Act 2006.

Where a teacher leaves in circumstances of serious misconduct that could amount to unacceptable professional conduct, we refer to the Teaching Regulation Agency.

Settlements that prevent a referral to a statutory body are not permitted under any circumstances.

6. Confidentiality

Allegations are handled confidentially. The identity of the accused and the alleged victim is protected from disclosure beyond those who need to know. Records are stored securely and retained in line with statutory retention periods.

7. Review

Reviewed annually and after any allegation handled under this policy, with any learning incorporated into training and procedure.