Disciplinary Process or Assessment regarding suitability

Disciplinary Process or Assessment regarding suitability

The LADO and the senior manager must agree what action is appropriate in all cases where:

  • It is clear at the outset or decided by an initial evaluation that investigations by the police or enquiries by Children’s Social Care are not necessary
  • The employer and LADO are informed by the police or the Crown Prosecution Service that a criminal investigation and any subsequent trial is complete or that the investigation will be closed without charge or prosecution

The discussion must consider any potential misconduct or gross misconduct on the part of a staff member and take into account:

  • Information provided by the police and/or Children’s Social Care
  • The result of any investigation or trial and the different standard of proof in disciplinary and criminal proceedings

The options will range from no further action to summary dismissal or not using the person’s services in future.

Where the initial evaluation decides that the allegation does not involve a possible criminal offence it will be dealt with by the employer who must institute appropriate action within 3 working days.

If a disciplinary hearing is required and it can be held without further investigation, the hearing should be held within 15 working days or as soon as possible thereafter.

Where further investigation is needed to decide upon disciplinary action; in some circumstances it may be appropriate for the disciplinary investigation to be conducted by a person who is independent of the employer or person’s line management to ensure objectivity. The employer will decide who will undertake this. In any case the investigating officer must aim to 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 and if so it must be held within 15 working days or as soon as possible thereafter.