• The scope of this framework is limited to processes relating to the investigation and management of allegations against staff linked to adult safeguarding
• This framework is supported by clear reporting requirements and arrangements across the whole system - this includes clear information sharing arrangements and explicit timescales for action
• The DASM function is cross referenced in the Pan Hampshire and Isle of Wight adult safeguarding Information Sharing Framework and s42 safeguarding enquiry process
The DASM framework is based on the following principles:
• It builds on current internal allegations management processes rather than replacing these
• It applies to any employee, volunteer or student, paid or unpaid in whatever sector and will deal with current and historical allegations
• It is designed to reflect a proportionate, fair and transparent approach.
Statutory members of the Safeguarding Adults Board (e.g. Local Authority, Clinical Commissioning Groups and Police) and the statutory organisations represented on the Board (including District Councils) will nominate a DASM. This includes:
• Local Authority
• Police
• Clinical Commissioning Groups
• NHS England
• NHS providers
• Housing
• District/Borough Councils
• Community Rehabilitation Company and National Probation Service
• Hampshire Fire and Rescue Service.
The DASM must be of sufficient seniority within their organisation to be able to make decisions on behalf of their organisation and also to challenge policy or practice issues.
It is recommended that the organisation nominates a deputy to cover the DASM’s annual leave or sick absence. The deputy should also be of sufficient seniority and be able to fulfil the other role requirements outlined in para 2.6 above.
All SAB member organisations (whether or not they have a nominated DASM) must ensure they have an allegations management procedure within their organisation. Individual organisations are responsible for responding to allegations regarding their staff and for undertaking all necessary action within the timescales agreed.
68. The responsibilities of the DASM
The specific role and responsibilities of the DASM are to:
• Be responsible for the management and oversight of individual complex cases
• Co-ordinate allegations made or concerns raised, about a person, whether an employee, volunteer or student, paid or unpaid
• Promote partnership working and keep in regular contact with their counterparts in partner organisations
• Assess and highlight the extent to which their own organisation prevents abuse and neglect taking place
• Provide advice and guidance within their organisation, liaising with other agencies as necessary
• Monitor the progress of cases to ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process
• Ensure systems are in place to support and provide regular updates to the employee in respect of the investigation. Particular care must be taken to not breach the right to a fair trial in Article Six of the European Convention on Human Rights as incorporated by the Human Rights Act 1998
• Ensure appropriate recording systems are in place and that these provide a clear audit trail about the decision making process and any recommendations arising from the investigation and subsequent actions
• Ensure the control of information in respect of individual cases is in accordance with accepted Data Protection and Confidentiality requirements.
69. Information sharing
The DASM function is cross referenced in the Pan Hampshire and Isle of Wight Information Sharing Framework that forms part of the local multi-agency adult safeguarding policy.
The DASM will work closely with the Children’s Services Local Authority Designated Officer (LADO) and other DASMs and LADOs for both adults and children in the region or nationally to ensure sharing of information and development of best practice.
There may be times when a person is working with adults and their behaviour towards a child or children may impact on their suitability to work with or continue to work with adults at risk. This may be referred to the DASM from a LADO, if it is not, then information should be shared with the LADO. Each situation will be risk assessed individually. There may also be times when a person’s conduct towards an adult may impact on their suitability to work with or continue to work with children. All these situations must be referred to the LADO.
Unless it puts the adult at risk or child in danger, the person against whom allegations have been made should be informed that the information regarding the allegation against them will be shared.
Responsibility lies with the person receiving the information to obtain the consent of the individual to share information.
The person against whom allegations have been made should be offered a right to reply, wherever possible their consent to share information should be sought, and should be informed what information will be shared. Each case must be assessed on its own merits as there may be cases where informing the person about details of the allegations may increase the risks to the adult or child.
Decisions on sharing information must be justifiable, proportionate and based on the potential or actual harm to adults or children at risk. The rationale for decision making should always be recorded. When sharing information between agencies about adults, children and young people at risk it should only be shared where relevant and necessary, not simply sharing all the information held, with the relevant people who need all or some of the information and/or when there is a specific need for the information to be shared at that time.
70. Implementation
Each 4LSAB member organisation must ensure that its Human Resource Team is fully aware and involved in the implementation of this Framework.
This Framework recognises the interfaces with other processes such as LADO, Disclosure and Barring (DBS) and Fitness to Practice referrals and member organisations must ensure these are managed effectively.
The sharing of information will be justifiable and proportionate based on an assessment of the potential or actual harm to adults or children at risk.
Where it is necessary to refer individual employees to the DBS and/or the relevant professional body, the employing organisation will be made promptly and as soon as possible once the investigation has concluded. This includes sharing with the professional body, the supporting evidence required as part of the referral.
Organisations must ensure that allegations are investigated promptly in line with their internal allegations management policy. Referrals to the LADO, DBS and/or professional bodies must equally be made in a timely manner and made no later than five working days from when the case is concluded.
In the interests of transparency and accountability, DASMs will ensure clear recording of decisions and recommendations relating to the management of allegations involving staff.
Commissioning organisations will build reporting requirements into their commissioning and contract specifications and arrangements to ensure that provider organisations promptly share information about incidents falling within the remit of this Framework with their commissioner. Local Authority commissioners will also embed reporting requirements into voluntary sector grant allocations.
The 4LSAB will provide on respective websites information about how and to whom to report concern about possible abuse or neglect which will ensure non commissioned or funded voluntary organisations and charities can access information about their responsibilities to act upon concerns about abuse or neglect.
Each LSAB will maintain a register of DASMs. A pan Hampshire and Isle of Wight DASM Network will be established to support DASMs in their role. This will provide an opportunity for regular updating. It is anticipated that the DASM network would meet every six months.
Each LSAB will undertake on-going data collection to track activity relating to allegations against staff.
Collated anonymised information will be available and included in the LSAB annual learning summary.
Where the LSAB has adopted organisational self audit, the requirements and standards outlined in this Framework will be added to current tools.
All 4LSAB member organisations must ensure that they have an internal safeguarding policy and an allegations management procedure.
Any commissioning, contract and grant allocation arrangements must include the above as routine.
4LSAB member organisations who are not required to appoint a DASM and other organisations who do not sit on the SAB (including voluntary organisations) should consider nominating a Safeguarding Adults Lead
(SAL) to take the lead for adult safeguarding within their organisation and to provide advice and guidance to staff. This is a non statutory role and is aimed more at raising the profile of adult safeguarding within all organisations and supporting the development of good practice. The SAL should liaise with the relevant DASM and LSAB for their sector.
Appendix A outlines a suggested role profile for the SAL role.