Investigation process

When information regarding an allegation is received the following procedure will be followed. 

A discussion (known procedurally as a ‘strategy discussion’) will take place between the fostering service, the children’s team and the Local Authority Designated Officer (LADO) who is located in the Multi-agency Safeguarding Hub (MASH). The information is assessed and a decision is then reached (regarding any further action, if any, required) by the professionals involved based on the nature and seriousness of the allegation. 

If it is decided at this stage that there is sufficient concern to instigate child protection procedures, information gathering will commence and the outcomes shared at a strategy meeting to which carers are not invited. This meeting will include the police and other agencies and should be held within 2 working days. The meeting is chaired by a County Manager or may be delegated to a team manager.

The meeting will decide if further investigation is required and if so whether it will be done jointly with the police or as a ‘single agency investigation’ by the children’s team. 

The strategy meeting will also consider what, if any, are the risks to other children in the household, including your own children. In situations where a carer works with or is involved with groups of children the meeting must also consider whether any risk is posed to them. Only if there is any risk to those children will the employer or organisation be informed about the allegation.

Once this meeting has taken place the investigation can start. If the Police are not involved you will immediately be informed of the allegation, the process that will be followed and this will be confirmed to you in writing. You will also be given a copy of the procedure for dealing with allegations by your Fostering Social Worker. If the Police are involved, however, we may not be able to tell you about the allegation until they have conducted their interviews.  Further meetings may take place to consider the findings of the investigation and at any point if there is evidence to show that the allegation is false the investigation can be ended and the allegation withdrawn.

The Section 47 process and LADO are separate processes which feed into each other.

 The outcomes available to the investigating Social Worker for the Section 47 are:

  • Concerns substantiated and child / young person is judged to be at continuing risk of significant harm.
  • Concerns substantiated but child is not judged to be at continuing risk of significant harm.
  • Concerns not substantiated.

 These are the only three outcomes available and they are in line with Working Together 2018 (2020) and are the same across all Local Authorities.

The LADO process then has to make an outcome decision whereby there are 4 possible outcomes: 

  1. The allegation is Substantiated - the evidence is sufficient to prove the allegation. Concluding actions may include criminal prosecution, a report for the Fostering/Adoption Panel, and/or a referral to the Disclosure and Barring Service (DBS). Occasionally, allegations may be substantiated but the assessed level of risk allows less formal concluding activity.
  2. The allegation is Unsubstantiated - there is insufficient evidence to either prove or disprove the allegation.  It is often necessary in these situations to make judgements ‘on the balance of probabilities’ where the duty of care to the adult(s), and overriding responsibilities towards the child(ren), are informed by conflicting information.
  3. The allegation is False – there is sufficient evidence to disprove the allegation. It is important not to make an automatic assumption that in these cases the allegation has been ‘made up’ or fabricated. The child or young person may have genuinely perceived that the event occurred.
  4. The allegation is Malicious – there is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive. Caution should be exercised in concluding any allegation with this outcome which should be reserved for circumstances where there is clear evidence of an intention to cause harm or distress or bring about damaging consequences to the adult(s). Where there is sufficient confidence to conclude that an allegation has been made with malice, then it is appropriate for the matter to be referred to the Police for their consideration. 

Whilst the Social Worker completing the S47 is unable to select any other option than the 3 above, if there is any evidence of the allegation being false or malicious then this would be discussed in the final Position of Trust meeting and / or with the LADO in consultation with other professionals would decide whether the outcome decision should be any of the 4 above.

When all the investigations have been completed a ‘resolution meeting’ will take place.  

Where the allegation is either substantiated or unsubstantiated the fostering/adoption service shall make an assessment of the situation with regards to the carer’s continued suitability to care for a child or children. Where there are concerns regarding suitability a report must be presented to the respective panel to review and make recommendation about future status.