Additional documents for Employers and Organisation to supplement the Kirklees LADO ‘Allegations management Guidance for Professionals’ who have concerns about any adult in a position of trust working (paid or unpaid) 
with children in any setting 

These additional documents have been made available to employers and organisations to supplement the Kirklees LADO Managing Allegations Guidance, and to enable employers and organisations to provide appropriate communications to those individuals who are the subject of an allegation, who work (paid or unpaid) with children within their setting.  

It is the responsibility of employers / organisations to comply with requirements set out in Working Together 2018 (and Keeping Children Safe in Education (KCSIE) 2023, where appropriate), to ensure that individuals are informed and updated appropriately (timely) at relevant stages when an allegation is made, or a safeguarding concern is raised.  

The attached draft letters have been produced for the purpose of providing general guidance and can be used, added to, and / or incorporated into other letters / documents that are already used by employers and organisations. If you need more information on the content or use of these letters, you should seek independent legal advice.  

You may not copy, reproduce, republish, post, broadcast or transmit Kirklees LADO documents in any way, except for use in your own organisation. You may not distribute or copy the attached documents for any commercial purpose.

The Additional draft letter is as follows.

Letter from the employer or organisation to the relevant individual (subject of the allegations or concern) to advise them of the outcome of the allegation process under Kirklees LADO procedures.

Letter from the employer or organisation to the relevant individual (subject of the allegations or concern) to advise them of the outcome of the allegation process under Kirklees LADO procedures.

Confidential [when completed]

To be Securely Delivered on the employers/organisation’s letterhead

Date:

Dear (name)

Outcome of Safeguarding Allegation

I am writing to formally advise you of the outcome of the safeguarding allegation that was made against you in relation to your role as (name of role) at (name of establishment).    

The details of the safeguarding allegation were that you (insert comprehensive summary of the allegation)

*Insert if appropriate

*These concerns are in relation to your behaviour towards children, outside of your work setting.  The last bullet point above includes behaviour that may have happened outside of your work role (paid or unpaid); therefore it is appropriate for an assessment of the transferable risk to any children in any setting.

This safeguarding allegation meets the criteria for being considered under HM Government Guidance Working Together to Safeguard Children 2018 and Kirklees LADO ‘Safeguarding Concerns and Allegations Guidance for Professionals’ who have concerns about any adult in a position of trust working (paid or unpaid) with children and a referral has been made to the Local Authority Designated Officer (LADO).

The outcome of the safeguarding allegation is that it was determined to be:

**Insert the LADO outcome 
(Employers/Organisations will have been notified by the LADO of the outcome)

**UNFOUNDED
There is no evidence or proper basis which supports the allegation being made, or there is evidence to prove that the allegation is untrue. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw.  Alternatively they may not have been aware of all the circumstances. As the safeguarding allegation was not substantiated it will not be referred to in any future references.

**UNSUBSTANTIATED
This is not the same as a false allegation. It means that there is insufficient identifiable evidence to prove or disprove the allegation. The term, therefore, does not imply guilt or innocence.  As the safeguarding allegation was not substantiated it will not be referred to in any future references.

**SUBSTANTIATED
There is sufficient identifiable evidence to prove the allegation. As the allegation was substantiated it will be referred to in any future references.

**MALICIOUS
There is clear evidence to prove there has been a deliberate act to deceive and the allegation is entirely false. As the safeguarding allegation was not substantiated it will not be referred to in any future references, a detail will be removed from your employment record, unless you indicate that you wish for these to be retained.

**FALSE (Education sector only)
There is sufficient evidence to disprove the allegation. As the safeguarding allegation was not substantiated it will not be referred to in any future references.

Retention of the Safeguarding allegation (by employer or organisation)

A copy of this letter will be kept on your personal file and a copy has been provided to you.  The purpose of the record is to enable accurate information to be given in response to any future request for a reference, where appropriate.  It will provide clarification in cases where future DBS checks reveal information from the Police about an allegation that did not result in a criminal conviction and it will help prevent unnecessary re-investigation if, an allegation re-surfaces after a period.

Your employer will retained at least until you have reached normal pension age or for a period of 10 years from the date of the allegation, whichever is longer.

Referrals Regulatory or Professional 

A referral will be made to the Disclosure and Barring Service (DBS) for their consideration of barring from work with children.  The DBS will wright to you to confirm receipt of the referral and to advise you of their process.
Or
A referral will not be made in relation to the DBS for consideration of barring from work with children.

A referral has/ has not been made to the Professional body, for consideration of any actions by them.
(Delete as appropriate and insert details of Professional body)

If you have any questions on this letter, please contact (insert name of manager).  

Yours sincerely

NAME, TITLE 
(Of Manager or Senior Person responsible for the person subject to the allegations)