city of york safeguarding children board of york safeguarding children board allegations against...

CYSCB procedure for responding to concerns relating to a child

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Scope .......................................................................................................................................... 2

Local Authority Designated Officer ............................................................................................ 2

The Legal Framework ................................................................................................................. 3

Procedure ................................................................................................................................... 4

Initial response ....................................................................................................................... 4

Consultation with LADO ......................................................................................................... 5

Strategy meetings .................................................................................................................. 7

Reconvened strategy meetings .............................................................................................. 8

Enquiries ................................................................................................................................. 9

Support ................................................................................................................................... 9

Action further to police investigation and Children’s Social Care enquiries ....................... 10

Disciplinary action ................................................................................................................ 10

Action on conclusion of the case ......................................................................................... 11

Appendix 1: Forming a belief (FAB) process ............................................................................ 12

Introduction ............................................................................................................................. 12

Ethical issues to be considered ................................................................................................ 12

The process .............................................................................................................................. 13

When to consider using the FAB process ............................................................................. 13

LEGAL FRAMEWORK ............................................................................................................. 13

The FAB Meeting .................................................................................................................. 13

Forming a belief.................................................................................................................... 14

Disclosing the Belief ............................................................................................................. 15

City of York Safeguarding Children Board

Allegations against childcare professional procedures


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Process following the Disclosing the Belief Meeting ........................................................... 16

IMPORTANT - All allegations and concerns must be reported to the Local Authority

Designated Officer (LADO) within the same working day. The LADO will then decide what

action to take.

Download a flow chart of the allegations process.

Scope

These procedures apply to all organisations that provide services for children or young

people or provide staff or volunteers to work with or care for children or young people (i.e.

those under the age of 18 years). These procedures should also be applied to foster carers

and prospective adopters.

The term childcare professional is used to describe any person whose paid or voluntary role

brings them into contact with children. A child is defined as any person under the age of 18

years.

The scope of these procedures is not just for those cases relating to significant harm and

should be applied in all circumstances where an allegation is made or a concern arises that

any person who works or has worked with children, in a paid or unpaid capacity, has:

Behaved in a way that has harmed a child, 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 that he or she may pose a

risk of harm to children

Allegations may arise in a number of ways from a number of sources e.g. a concern,

suspicion, complaint or report from a child, parent or other adult within or outside of the

organisation; information arising from a disciplinary, criminal or s 47 investigation.

All agencies who work with children must have internal procedures for dealing with

allegations against employees, volunteers, foster carers and prospective adopters (as

relevant) that comply with these procedures.

Local Authority Designated Officer

The role of the LADO is to coordinate all allegations and concerns made against a person

who works with children within the City of York. As such, all allegations and concerns must

be reported to the LADO (see below).

http://www.yor-ok.org.uk/Downloads/SaferChildrenYork/Allegations%20against%20childcare%20professionals%20flow%20chart.pdf


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The LADO will maintain a database of all allegations and concerns received and will provide

reports to the CYSCB at least annually or on request.

The LADO will advise, in discussion with the Senior Manager within the Organisation

(SMO) what action should be taken by the employer or decide whether the matter should

be subject to a strategy meeting or an initial evaluation meeting. The LADO will also decide

whether the matter should be referred to the Police or Children's Social Care.

Strategy meetings and initial evaluation meetings will be chaired by the LADO or when

unavailable a nominated Children's Social Care Head of Service. The decision as to who

should chair the meeting will be made by the LADO.

A Children's Social Care Head of Service may deputise as the LADO (subject to consideration

regarding any actual or perceived potential conflict of interest).

The Legal Framework

The procedure is compliant with the statutory guidance Working Together to Safeguard

Children 2013.

The procedure is underpinned by section 47 of the Children Act 1989 which places a duty on

a local authority where there is reasonable cause to suspect that a child in their area is

suffering or is likely to suffer significant harm, to make such enquiries as they consider

necessary to enable them to decide whether they should take any action to safeguard or

promote the child’s welfare.

Other relevant sections of the Children Act 1989 are:

Section 47 (8) states that where a local authority concludes that they should take

action to safeguard or promote the child`s welfare they shall take that action (so far

as it is both within their power and reasonably practicable for them to do so. The

underlying principle remains the paramountcy of the child’s welfare and ensuring

that the child are not left in a situation of potential or actual risk. It is important to

take legal advice when considering any such course of action.

Section 47 (9) where a local authority are conducting enquiries under this section, it

shall be the duty of any person mentioned in the relevant section to assist them with

those enquiries (in particular by providing relevant information and advice) if called

upon by the authority to do so. The relevant person are, the local authority, housing

authority, health service personnel or any other person authorised by the Secretary

of State.

Section 17 of The Children Act provides a general duty to provide services to children

in need


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Section 27 Children Act 1989 places a duty of co-operation between authorities and

Schedule 2, Paragraph 4 of the Act bestows a power to communicate belief that child

may be suffering harm

Procedure

Initial response

Any person with a concern or receiving information regarding a person within their

organisation must report this to the Senior Manager in their Organisation (SMO) with

designated responsibility for allegations against staff without delay.

Where a concern relates to a person working within another organisation the concern

should be reported to a senior manager within the organisation. If there is doubt about who

the matter should be reported to the matter should be reported to the LADO without delay.

Any person with a concern or receiving information regarding a person who works with child

who is not an employee or volunteer within a recognised organisation (i.e. where the

concern relates to a sole trader) must report their concern directly to LADO without delay.

No attempt should be made to undertake enquiries or seek to determine the validity of the

allegation at this stage. However immediate safety measures may need to be applied e.g.

removal of the member of staff from the premises and any evidence should be secured and

preserved e.g. mobile telephone, computer; subject to advice from the police or Local

Authority Designated Officer (LADO).

If the person to whom the allegation should be reported may be implicated or there is

concern that they may not/have not followed these procedures, the matter should be

reported directly to the Local Authority Designated Officer (LADO)

The person initially receiving the concern/ allegation must make a full record of it, which is

timed, dated, and signed.

Prior to contacting the LADO the SMO should gather the following information:

Names, addresses, D.o.B's of the children and staff member concerned

Details of any potential witnesses

Details of the staff member's previous employment record including any previous

allegations/concerns

Account of the person receiving or witnessing the allegation

Information regarding any other paid or voluntary work the staff member

undertakes with children or vulnerable adults

Whether the staff member has their own children, any other information which may


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be of relevance

Any action(s) already taken

Information about the legal status of the child concerned

Where appropriate, (e.g. child in foster care, residential home or school or placed in a

school by another authority) the SMO should also collate information regarding: the local

authority responsible for the child, length of time in placement, contact details of relevant

staff/foster carers and details of other children in the placement.

Consultation with LADO

In all circumstances of concern or where an allegation has been made the SMO must consult

with the LADO within one working day.

Consultation with the LADO will consider:

Is the allegation demonstrably false i.e. is there clear evidence to suggest that the

event(s) did not take place? If so the LADO will advise on appropriate action and will

consider if the child may have suffered or be at risk of suffering significant harm by

another person

Is there suspicion that the child has suffered or is at risk of suffering significant

harm? If so a strategy meeting should be held.

Could a criminal offence have been committed? If so a strategy meeting should be

held

Could the person have behaved towards a child in a way that indicates s/he is

unsuitable to work with children? If so a strategy meeting should be held. The LADO

will also advise as to whether the employer should invoke disciplinary, competency,

regulatory or complaint procedures either in conjunction with or separate from the

above . However, any such action should generally be delayed until the completion

of any Children’s Social Care enquiries or police investigations

Where there are concerns about a person’s suitability to work with children and

where existing processes for dealing with the concerns are not appropriate a

strategy meeting should be held with a view to initiating the forming a belief section

of this procedure. Such situations can include:

o Where the police have been unable to proceed or a person has been found

not guilty and where reasonable concerns remain

o Where a person is self employed or is the owner of a childcare organisation

o Where there are significant grounds to believe that an employer`s

disciplinary process has failed to adequately take into account safeguarding

concerns

Where none of the above applies the LADO will advise what, if any, internal action should be


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taken.

If a strategy meeting or initial evaluation meeting is to be convened then the employer must

take no action prior to the outcome of this meeting, unless agreed with the LADO and

investigating agencies.

Initial Evaluation Meetings are convened where a criminal offence may have been

committed but there are no concerns that a child could have suffered or be at risk of

suffering significant harm or where it is unclear whether an issue falls within the procedure.

The Initial Evaluation Meeting will be similar to a strategy meeting and references to

strategy meeting should therefore be read to apply to initial evaluation meeting where

appropriate.

The LADO will decide if a referral should be made to Children's Social Care and / or the

police.

The decision as to whether a strategy meeting or an initial evaluation meeting should be

held rests with the LADO.

The LADO will further decide who should chair any strategy meeting, having considered any

possible conflict of interest and/or confidentiality issues.

Any strategy/initial evaluation meeting must be held within 2 working days

Where s47 enquiries or a police investigation is to be undertaken a date should be set for a

reconvened meeting within 4 weeks. However, there may be occasions when the time

between strategy meetings may be longer especially where police enquiries are protracted

or where a case is subject to legal proceedings. In such cases the LADO should be kept

regularly informed.

If a decision is made to initiate enquiries and / or a criminal investigation, the member of

staff concerned should be contacted by an agreed person and told, (subject to the

agreement of the strategy/initial evaluation meeting):

The nature of the allegation although at the initial stage the detail may be very

limited due to not wanting to contaminate any investigation

How the enquiries will be conducted

Any conditions preventing discussion / contact with relevant persons

This information should be confirmed in writing; additionally they should be informed of:

Their rights

The possible outcomes e.g. criminal and/or disciplinary action

Arrangements for ongoing support and provision of information


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How decisions will be made regarding referral for consideration of inclusion on those

lists preventing or restricting their work with children and young people

Strategy meetings

The purpose of the strategy meeting is to share and evaluate all available information with

the purpose of devising a strategy by which the allegations / concerns will be investigated.

The strategy meeting must also consider any support required by the alleged victims and

the person against whom the allegation has been made.

Strategy meetings will be attended by those agencies who have knowledge of the

allegations and who will be involved with any investigation. Typically, the strategy meeting

will be attended by the employer (including the human resources department), police,

Children’s Social Care, supervising agency (in the case of foster carers). Where necessary the

communication departments of the employer, local authority and police may be present.

Strategy meetings will always consider:

The presenting allegation / concern

Background information in relation to the alleged person’s

o Employment

o Criminal history

o Personal life (where relevant)

Background information in relation to the alleged victim

What enquiries are required and what agency is responsible for undertaking the

enquiries

Support needs for the alleged person and alleged victim/s

Where the case may result in publicity, the meeting will outline a communications strategy

in cooperation with the relevant agency communications departments.

Strategy meetings will be minuted. The minutes will provide clear actions arising from the

meeting which includes the person responsible for undertaking the action and when they

have to be completed.

Strategy meeting minutes are confidential cannot be shared with any person not connected

with the investigation without the LADO’s consent.

In cases where concerns exist but the matter cannot be dealt with within one of the existing

processes (criminal, child protection, disciplinary etc) that can be utilised to assess the risk

the strategy meeting can recommend that the matter be dealt with within the Forming a

Belief process (see Appendix 1).


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Where there are concerns regarding a person’s related children and where Children’s Social

Care are undertaking s47 enquiries in respect of these children the strategy meeting may be

jointly held. In such cases a Children’s Services manager must be involved and oversee any

decision relating to the related children.

Reconvened strategy meetings

In addition to the issues addressed at the first meeting, subsequent review meetings should

be held at monthly intervals although where the matter is subject to criminal investigation

meetings may be less frequent.

The meeting must consider:

Progress of the actions set at previous meetings

The result of enquiries

The investigation strategy

Reasons for any delays and, where appropriate, how these should be addressed and

resolved and by whom

Therapeutic and support needs of child

Support needs of staff

A final meeting must be held at the end of any s.47 enquiries or criminal investigations to

review the case categorise the allegation and plan any further actions required. This should

include consideration of any matters arising, which should be brought to the attention of

the Safeguarding Children Board, and/or organisation concerned regarding necessary review

of policy or procedures and/or training needs to be addressed.

Outcomes of internal procedures should be reported to the LADO and the strategy-meeting

chair. If an organisation has failed to instigate internal procedures, or the outcome of

internal procedures causes concern to the LADO or the chair they must consider what

appropriate action should be taken. This might involve reconvening a meeting and/or

reporting the matter to the regulatory body, or a government department.

On completion of the case the strategy meeting process must reach an outcome based on

the facts and professional judgement that the alleged events more likely than not were:

Substantiated (the process proved that the allegation was true)

Unfounded (something occurred which was misunderstood or misinterpreted)

Unsubstantiated (the process was unable to prove where the alleged evened did or

did not occur)

Malicious (the process proved that the allegation was false and with the person

making the allegation being motivated by malice)


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Enquiries

Enquiries into allegations against childcare professionals can be complex and often involve

three strands:

Criminal

Child protection / safeguarding

Disciplinary

Where possible the enquiries should be conducted jointly in order to avoid delay and

unnecessary duplication. However, this may not always be possible especially in relation to

disciplinary investigations in cases were there is an ongoing police investigation.

Where a police investigation is undertaken, the police must set a date for reviewing its

progress and consulting the Crown Prosecution Service (CPS) about continuing or closing the

investigation or charging the individual.

Where there is an ongoing police investigation it is usual for any disciplinary action to await

the completion of the criminal process unless the employer has sufficient evidence to reach

a decision. Where there is a need to wait for the completion of a police investigation the

relevant evidence obtained by the police and / or Children’s Social Care should be shared

with the employer to assist in their disciplinary enquiries. In respect of information from the

police an application for disclosure should be made via the police’s Civil Disclosure Unit.

Safeguarding enquiries under the Children Act 1989 (s47) are undertaken by a social worker

where there are concerns in relation to the alleged person’s related children, foster children

or prospective adopters. In relation to foster carers and prospective adopters, enquiries

should not be undertaken by the social worker responsible for the child placed with the

carers.

Where there are no related children the conduct of safeguarding enquiries and who should

undertake those enquiries will be determined by the strategy meeting.

The fact that a criminal prosecution is not possible or where a person has been found not

guilty should not automatically result in no further action by an employer. In such cases the

employer is required to apply the civil burden of proof, ‘on the balance of probabilities’ as

opposed to the criminal standard of ‘beyond all reasonable doubt’.

Support

Allegations can have a significant negative impact on the alleged victims along with the

person subject to the allegation. As such it is important that issues of support are


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considered throughout the process. It is also important that both the alleged victim and

alleged offender are kept informed as far as is reasonably possible.

It is the responsibility of an employer to provide support to employees who are the subject

of an allegation. Where possible a person should be offered confidential counselling support

along with having a named manager who can offer ongoing support and act as a link with

the enquiries. Such a manager should be identified at the first strategy meeting although

due to a potential conflict of interest they should not be a member of the strategy group.

It is the responsibility of the fostering service to identify appropriate independent support

for foster carers. Whilst the supervising social worker will be a member of the strategy

group they should not be involved in the enquiries.

Action further to police investigation and Children’s Social Care enquiries

Where, following Children’s Social Care enquiries/police investigations, it is concluded that

there is insufficient evidence to substantiate an allegation; the chair of the strategy meeting

may be called upon to prepare a separate report of the enquiry and forward this to the SMO

to enable consideration of what further action, if any, should be taken.

If an allegation is demonstrably false consideration should be given to whether the child is in

need of services and/or may have been harmed by someone else.

Allegations may be unsubstantiated from a criminal perspective either because they do not

reach the threshold for a criminal prosecution or a person has not been convicted on the

burden of proof 'beyond reasonable doubt'. However, there may be sufficient evidence for

the case to be considered under internal procedures where the burden of proof is 'balance

of probabilities.'

In the case of foster carers, supply, agency, contract, and volunteer workers, normal

disciplinary procedures may not apply. In these circumstances, the LADO and SMO should

act jointly with the providing agency, if any, in deciding whether to continue to use the

person's services, or engage them in future work with children, and if not, whether to make

a report for consideration of barring or other action.

Where there continues to be reasonable suspicion that a person poses a risk to children but

where there are no mechanisms available for assessing the risk, the Forming a Belief process

should always be considered.

Disciplinary action

If formal disciplinary action is not required, the employer must institute appropriate action

within 3 working days. If a disciplinary hearing is required, and further investigation is not


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required, it must be held within 15 working days.

If further investigation is needed to decide upon disciplinary action, the SMO and LADO

should discuss whether the employer has appropriate and sufficiently independent means

to do so or whether the employer should commission an independent investigation because

of the nature and/or complexity of the case, and in order to ensure objectivity.

The aim of an investigation is to obtain, as far as possible, a fair, balanced, and accurate

record in order to consider the appropriateness of disciplinary action and/or the individual's

suitability to work with children. The investigating officer must provide a report within 10

working days.

On receipt of the report the employer must decide, within 2 working days, whether a

disciplinary hearing is needed. If a hearing is required, it must be held within 15 working

days.

Action on conclusion of the case

If an allegation is substantiated and the person is dismissed or the employer ceases to use

the person's services, or the person resigns or stops providing services, the SMO should

discuss with the LADO whether a referral should be made to the Disclosure and Barring

Service (DBS) and/or any regulatory body. Consideration will then be given as to whether

the individual should be barred from, or have conditions imposed in respect of, working

with children. If a referral is to be made, it must be submitted within 1 month.

If, on conclusion of the case, it is decided that a person who had been suspended is to

return to work the SMO should consider how best to facilitate this and what support may

assist the employee to do so after what has, most probably, been a very stressful

experience. This should include consideration of contact with persons who made the

allegation and/or the child who was the subject of the allegation and any needs for

mentoring and/or training.


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Appendix 1: Forming a belief (FAB) process

Introduction

The purpose of the procedure is to maximise the protection of children from people who

work with children in a paid or voluntary capacity and who may pose a risk.

The process is intended to assess the perceived risks to children presented by an identified

adult who works with children where there is no other process that can be utilised to assess

the risk.

The procedure aims to be transparent by providing the person the opportunity to challenge

perceptions and express their views on the perceived risks.

Ethical issues to be considered

It is important that a balance is achieved between the protection of children and fairness to

the person considered to pose a risk. However, in all circumstances the welfare of children

will be paramount.

R v Hertfordshire County Council, ex parte A (2001) involved a similar process to the one

outlined. The judgement highlights the importance of ensuring that:

legal advice is sought at an early stage;

the procedure is adhered to and that clear written records are kept at each stage;

the adult who may present a potential risk to children is fully informed about the

FAB procedure and provided with a copy;

care is taken to balance the interests of children against the interests of the adult

concerned, taking into account that a conclusion that s/he may present a risk to

children could have severe consequences for his/her life and/or career;

the information gathering and investigation are conducted with due diligence and

skill, and that all relevant information is available at the FAB meetings;

the suspected adult/s included in the process, as described in the FAB procedure, are

given the opportunity to present their own information and perspective;

the extent of disclosure of the belief formed by the process is no more than is

required for the protection of children, and that the adult is given advance notice of

what information it is intended to disclose, to whom and when, thus allowing an

opportunity for the adult to make a formal/legal challenge prior to that disclosure;

the adult is made aware that the records of the FAB process, whatever its outcome,

will be retained indefinitely by the local authority and by the police.

The concept of ‘reasonableness’ is subjective. It is therefore essential that the FAB process


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whilst upholding the paramount interests of children is clear and fair to the adult(s), and

that its implementation is transparent and can withstand scrutiny.

The process

This process must only be applied in discussion with the Local Authority Designated

Officer (LADO), who will always seek legal advice prior to proceeding. Agencies may wish

to take their own legal advice before referring to the LADO.

When to consider using the FAB process

The process should be used where:

an adult who comes into substantial contact with children in a professional or

voluntary capacity gives rise to concerns that they may present a risk of harm to

children and

where other processes for assessing risk are not suitable or

where a prosecution is not possible or a person has been found not guilty but

concerns remain that the adult may present a potential risk to children

Prior to using the process consideration should be given as to whether the matter meets the

criteria for the Multi Agency Public Protection Arrangements (MAPPA).

Additionally, answering the following questions will assist in reaching a decision as to

whether the FAB process should be used:

Is there reasonable suspicion that the person poses a risk either a specific child, an

identifiable group of children or to children more generally?

Are children likely to suffer significant harm through contact with this adult?

LEGAL FRAMEWORK

The FAB procedure owes it origin to section 47 of The Children Act 1989. This places a duty

on a local authority, in circumstances where they have reasonable cause to suspect that a

child in their area is suffering or is likely to suffer significant harm, to make such enquiries as

they consider necessary to enable them to decide whether they should take any action to

safeguard or promote the child`s welfare.

The FAB Meeting

The FAB meeting will be a continuation of the strategy meeting process conducted under

the allegations against childcare professional’s procedure. The meeting will be chaired by


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the LADO or another appropriate professional appointed by the LADO.

The meeting will include representatives of all agencies or organisations known to have

knowledge of, or contact with, the suspected adult along with two City of York Safeguarding

Children Board members who have had no connection with the case.

The meeting will share all available information in order to assess and form a belief about

the nature and level of any potential risks to children presented by the person.

Where appropriate the meeting may commission or consider an assessment undertaken by

a suitably qualified / experienced professional.

Although the FAB meeting does not work to the criminal burden of proof it is nevertheless

important that the information given to the meeting is accurate and that opinions are

differentiated from fact.

At this stage the person will not be invited to this meeting and will not be informed that the

FAB process is being implemented.

The meeting will be minuted

Forming a belief

The purpose of the FAB process is to assess, on a multi-agency basis, whether or not the

information known about the individual justifies a belief that the person presents a

potential risk to children.

The meeting might identify further information which is required before a belief may be

formed. There may be a number of FAB meetings before a conclusion can be reached. It is

important that any view formed is based on evidence.

The standard of proof required to form a belief is that on the balance of probability the

person poses a risk of significant harm to children.

The outcomes of the first FAB meeting are likely to be:

The meeting is unable to form a belief based on the available evidence to date and

identifies specific further information that is required.. Tasks will be allocated to

meeting participants to gather further information for consideration at a further FAB

meeting. A date will be set for the next meeting

The outcome of the meeting is inconclusive and that the appropriate course of

action is to monitor the situation and re-convene the meeting if additional concerns

arise, in which case the monitoring and reviewing mechanisms will be decided upon

The meeting concludes that there are no grounds for suspecting that the individual

presents a potential risk to children


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The meeting forms the belief that there is ‘reasonable cause’ to suspect that the

individual presents a risk of significant harm to an identifiable child or group of

children

In cases where the meeting ‘forms a belief’ it must be demonstrable that the process was

clear and fair. The minutes of the meeting should record the information considered at the

meeting and the basis on which the belief was formed must be recorded accurately,

detailing the basis of the risk assessment. Any dissenting views should also be recorded,

with the reasons for dissent.

Having decided that there is ‘reasonable cause’ to suspect that the adult presents a risk of

significant harm to an identifiable child or group of children, and having fully recorded the

reasons for this, the Chair of the FAB meeting will consult with the FAB participants about

how and when to inform the individual.

Disclosing the Belief

The individual about whom a belief has been formed will be invited to meet with a small

representative group of the FAB meeting participants to discuss the belief formed. The Chair

of the FAB meeting will also chair this ‘Disclosing the Belief’ meeting (DTB)

The meeting will be minuted.

The individual will be given at least 14 days notice prior to the DTB meeting being held and

will be invited to bring a supporter.

When invited to the DTB meeting, the individual will be sent a copy of the FAB process

together with a document explaining how the belief has been formed.

The person may provide written submissions/information to the Chair in addition to, or

instead of, attending the DTB meeting.

At the DTB meeting the Chair will explain the nature of, and evidence for, the belief that the

individual presents a potential risk of significant harm to children. The rationale behind

conducting the investigation will be reiterated, the basis of the child protection concerns

will be explained, and the individual will be given the opportunity to voice their own

perspectives and explanations of the perceived risks.

Once the individual has had an opportunity to make representations to the meeting they

will leave the meeting whilst the remaining participants review what they have heard from

the individual.

If the individual`s submissions to the DTB meeting do not alter the belief of the majority of

the participants, the individual and their supporter will be invited to return to the meeting


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and will be informed of this.

If it is the view of the majority of the professionals at the DTB meeting that the individual’s

submissions materially affect the belief previously formed, there may need to be an

adjournment while further information is gathered or clarified, or legal advice is taken. The

full FAB meeting will be re-convened at a later date to review the belief.

If following the review FAB meeting the belief is still maintained, there will need to be a

further DTB meeting.

Process following the Disclosing the Belief Meeting

The process to be followed after the DTB meeting should be explained to the individual at

the DTB meeting.

The DTB meeting’s minutes and any written submissions from the individual will be sent to

all the professionals involved in the FAB meeting. A follow-up FAB meeting will then be re-

convened. The purpose of the follow up FAB meeting is to decide what information about

the individual is to be disclosed, to whom and when.

The extent of this disclosure should be proportionate to the nature and level of the

potential risks to children believed to be presented by the individual and should be for the

purpose of protecting children only. The lawyer present will advise on the extent and

process of disclosure. Professional judgment focusing on the protection of the child is the

paramount consideration and must be sufficiently robust to withstand potential challenge.

A recommendation to disclose information will be made by the Chair to the Director for

Children who will have the final authority in respect of any disclosures to members of the

public or non-statutory bodies.

The individual will be given seven working days’ advance notice, by registered letter, of

exactly what information the local authority proposes to disclose, to whom and when, thus

giving him/her the opportunity to take his/her own action to challenge the decision to share

the information.

If nothing further is heard from the individual, by the proposed disclosure date, then the

disclosure will proceed in accordance with the notice provided to the individual. If the

person states that he/she wishes to challenge the disclosure, in writing to the Chair, then

further legal advice will be taken regarding future action.

Full written records will be kept throughout the FAB process and will be retained by the City

of York Safeguarding Children Board Unit. The outcomes will be entered on the Children’s

Social Care database and individuals believed to present a potential risk to children will be

flagged.


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In each case in which the belief is confirmed that the individual has engaged in activity

which has caused concern for the safeguarding of children, a referral will be made to the

Disclosure and Barring Service.

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