Adult Safeguarding Allegation Process

Notification to the organisation

65. The email address safeguarding@kent.fire-uk.org will be publicised as the preferred way to receive safeguarding allegations. Access to this inbox will be restricted to staff who have had relevant training. Guidance is available on the Authority’s website to help people make such an allegation. 

66. Allegations may also be received by telephone via the Authority’s switchboard. As soon as it is recognised that the issue relates to safeguarding, the minimum information possible will be recorded and passed to the DBM. 

67. Safeguarding allegations are NOT to be recorded as feedback within the Authority’s feedback log. 

68. On receipt of an allegation, the DBM, in liaison with a DSO, is responsible for passing the allegation to the relevant local authority adult social care department where a concern is raised that abuse or neglect may be taking place. 

69. The decision on which local authority adult social care department should be notified depends on where the allegation occurred. The notification should be made by telephone (KCC 03000 416161 or Medway 01634 334466), and potentially followed up with an email. 

70. Out-of-hours arrangements for immediate advice is available from “Kent and Medway Social Services Out of Hours” on 03000 41 91 91. 

71. The DBM must notify the Assistant Director, Human Resources (during working hours) of the allegation. The allegation must be recorded in a decision log, alongside any subsequent action taken (see paragraph 35). 

72. As soon as practicable, the allegation will be logged and stored securely by the Assistant Director, Human Resources. Access to this data is restricted.

73. The member of staff who is the subject of the allegation must then be suspended from their contractual duty pending investigation. This does not necessarily mean that they are suspended from work, and options include potentially being redeployed into another function, or barred from lone working. The member of staff is to be told of this as soon as practicable, but are not to be given any details of the allegation. Suspension of this nature can only be actioned by the Assistant Director, Human Resources or the Duty Brigade Manager, in consultation with the Chief Executive. The line manager of the member of staff will also be notified of the change of duties. 

74. If the allegation concerns the Chief Executive, the Assistant Director, Human Resources, or a member of Corporate Management Board will contact the Chairman of the Authority to discuss the allegation, and request that he/she actions suspension of the Chief Executive pending investigation.

 

Investigation process

75. The Authority must allow the relevant agencies to investigate the allegation, and await outcome of a Section 42 investigation under the Care Act 2015, or a criminal investigation, before taking any action against the member of staff (unless advised otherwise by the investigating agencies). This includes any form of investigation under the Authority’s Code of Conduct or Discipline Regulations. 

76. The Authority must co-operate in the investigation, including releasing all relevant details requested, where they are held by the Authority, under Section 42 of the Care Act. 

77. Once the investigation is completed by the relevant agencies, the Authority will be notified of the outcome. The Assistant Director – Human Resources should then notify the relevant authority’s Adult Social Care team of the outcome of the investigation. The outcome, categorised by the Authority, will be one of the following:

  • Substantiated
  • Unsubstantiated
  • Unfounded (being either malicious or false)

78. If there was an outcome of substantiated or unsubstantiated then an investigation under the Authority’s discipline regulations will be undertaken. 

79. If the allegation does not pass the relevant thresholds in the opinion of the relevant local authority adult social care department, or the case has been closed by Police/Social Services, the allegation may still be considered under the Authority’s discipline process. The Assistant Director, Human Resources, may still want to liaise with the relevant authority’s Adult Social Care team as part of this investigation to utilise their skills and experience. 

80. The Assistant Director, Human Resources, may notify the relevant authority’s Adult Social Care team of the outcome of the discipline process regardless of the outcome. It may also be necessary to notify the Disclosure and Barring Service of the outcome from both investigations. 

 

Records management

81. The Authority will maintain a record of all identified concerns, people consulted, decisions made and any recommendations given. This information will be excluded from publication under the Freedom of Information Act. Records of any allegations made and outcomes of any investigation should be kept for ten years after the employee has left the organisation.
 

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