Table of Contents
The Care Act 2014, and supporting Care & Support Statutory Guidance (09/07/2018) require local authorities and partner agencies (including student bodies or voluntary organisations) to have in place a framework and process for the management of allegations against “people in a position of trust”.
The meaning of the term people in a position of trust is “people who work, in either a paid or unpaid capacity, with adults with care and support needs”.
In relation to this process the person in a position of trust will have had an allegation raised that they may pose a risk to adults at risk because, in their life outside of their work environment, they are alleged to have:
- behaved in a way that has harmed, or may have harmed an adult or child
- possibly committed a criminal offence against, or related to, an adult or child
- behaved towards an adult or child in a way that indicates they may pose a risk of harm to adults with care and support needs”
This document is designed to meet this statutory requirement and enable a clear, thorough and fair process to be followed in cases where the allegations raised against a person in a position of trust do not relate to safeguarding adults concerns or enquiries being conducted under Section 42 of the Care Act 2014.
In all situations when safeguarding adults concerns arise the Cambridgeshire and Peterborough Safeguarding Adults Board Multi-Agency Policy and Procedures (October 2017) must be followed and will supersede this guidance.
It should be noted that referrals will not be accepted by the Multi-agency Safeguarding Hub (MASH) in situations where the person the allegation is about has not been informed that the referral is to be made (See section 2).
The People in Positions of Trust Referral Form is attached as Appendix One of this document.
2. Consent & Information Sharing
It is of key importance that, before an allegation against a person in a position of trust is referred to the MASH, the person concerned is informed that this action is being taken.
The referrer should encourage the person in a position of trust to share information with their employer in order that they are aware that an allegation has been made, the nature of that allegation and they be able to access support and advice.
For the avoidance of doubt or ambiguity it should be noted that informing the person in a position of trust that a referral is to be made about them to the MASH does not necessarily mean that their consent is required in order for the referral to be made.
Decisions to share information should be justifiable, proportionate and relevant to the individual situation presented; giving due regard to Article 8 of the Human Rights Act 1998– “Right to respect for private and family life”, the General Data Protection Regulations 2018. and applicable legal requirements.
All decision making processes, including information sharing, should be clearly recorded.
In order that allegations of this type, accepted by the MASH, are not dealt with in isolation they will be recorded on a PiPoT Tracker Spreadsheet, with oversight maintained by the local authority.
3. Employer responsibilities (including student bodies or voluntary organisations)
In line with Section 6 of the Care Act 2014 and Care & Support Statutory Guidance (paragraph 14.120) the local authority, relevant partner agencies and those providing universal care and support services should have in place policies to manage allegations against people in positions of trust in their employment, either in a paid or unpaid capacity. Locally, these policies should align with the Cambridgeshire and Peterborough Safeguarding Adults Board Multi-Agency Policy and Procedures (October 2017).
The employer (or student body or voluntary organisation) is responsible, and retains that responsibility at all times, for risk assessing the allegation made about a person who works for them, either in a paid or unpaid capacity, and the risk they may, or may not, pose to adults with care and support needs who use their service.
In discharging their responsibilities to gather relevant information and the completion of an assessment of risk in relation to the allegation made, the employer must, as information emerges which gives reasonable cause to suspect a risk of abuse or neglect, undertake necessary actions to safeguard those adult (s) at risk and submit safeguarding adults concern(s) to the MASH at the time they arise. If an identified adult is at risk then a Section 42 Enquiry would be held and the PiPoT process ended.
Employers should have in place their own arrangements for access to legal advice, and the provision of sources of support and advice for their employee regarding this process.
In cases where the employer removes a person in a position of trust from their employment (or would have if the person had not left first) because they pose a risk of harm to adults, they must make a referral to the Disclosure and Barring Service (DBS).
Employers should have in place their own Risk Assessment process which they should use; however an EXAMPLE Risk Assessment template is attached as Appendix Two of this document.
4. Information & advice for referrers
In order to ensure that all relevant details are clearly recorded and referrals are appropriate for progression via this process the MASH team is available to provide information and advice to referrers.
There may be occasions where informing someone that you will be referring them to Adult Social Care under the PiPoT Guidance could increase risk to either the subject of the referral or another. Every consideration should be afforded to the subject of the PIPoT referral and wider risks prior to having this discussion and making the referral. The MASH may be consulted to consider the wellbeing of the subject and discuss risk management anonymously but the referral cannot be taken unless the subject of the referral is aware.
As noted above in paragraph 3.4, organisations should have in place arrangements for access to their own legal advice and sources of advice and support for their employee. It should be noted that this type of advice and support is not available from the MASH.
PiPoT referrals should be sent direct to the appropriate Adult MASH team. The contact details are;
|Peterborough City Council|
|Cambridgeshire County Council|
Any safeguarding referrals must be sent via the existing respective route.
5. Six Step Process
This process should not be followed where an identified adult coming under safeguarding is at risk. A Safeguarding Adults Referral Form must be used.
Step One: The Referral
The Referrer should
- Confirm all details of the allegation in the full awareness that they will be contacted to clarify and confirm information as required
Step Two: Decision Making
On receipt of a completed referral form, the MASH Social Worker will report details to the MASH Manager. The Mash Manager will review the details as applicable:
- Close the referral to the local authority confirming all required actions have been taken; OR
- Allocate the case to a MASH Social Worker; OR
- If the allegation relates to a person in the employment (paid or unpaid) of the local authority, escalate the referral to the Head of Safeguarding for decision making
Step Three: Contact with the referrer
The MASH Social worker will;
- Contact the referrer (this includes members of the public where allegations have been made via the Contact Centre) to clarify and confirm details of the allegation
- Confirm that the person in a position of trust has been informed about the referral
- As applicable, inform the referrer that the referral will not be accepted without confirmation that the person in a position of trust is aware
Step Four: Contact with the person in a position of trust
The MASH social worker will contact the person in a position of trust to:
- Establish if the nature of the concerns indicate a potential risk to adults at risk (in line with the definition given in section 1 of this document)
- Encourage the person to share the allegations with their employer if they have not already done so
- Inform the person that the MASH will be contacting the employer, within 24 hours, if the allegations indicate reasonable cause to suspect potential risk to adults at risk
Step Five: Information Sharing
The MASH social worker will clearly record all decision making considerations in relation to the nature of the allegation, the further actions to be taken by the Local Authority OR the decision that the referral should be closed to the local authority at this point. This may include referral to Children Services or other relevant agencies as applicable.
Information sharing decisions must be:
- Proportionate to the potential or actual harm to adults or children at risk
- In line with all applicable legislation and regulation
Step Six: Contact with employer and case closure
In cases where the allegations indicate reasonable cause to suspect potential risk to adults at risk, the MASH social worker will contact the employer within 24 hours to confirm with them that:
- They are aware of the allegation
- They have completed or are in the process of completing a Risk Assessment
- They will submit a safeguarding adults concern immediately if a risk of abuse or harm is identified
- They fully understand that the Risk Assessment and completion of all required actions is, and remains, their responsibility at all times
- The information relating to the allegation will be recorded and stored on the PiPoT tracker spreadsheet
The case will be closed to the MASH on completion of all required actions
Appendix One: People in Position of Trust (PiPoT) Referral Form
Click to download the People in Position of Trust (PiPoT) Referral form
Appendix Two: People in Positions of Trust – Risk Assessment & Action Plan
Click to download the People in Positions of Trust (PiPoT) Risk Assessment & Action Plan
Appendix Three: People in Positions of Trust (PiPoT) Information Gathering Form
Click to download the People in Positions of Trust (PiPoT) Information Gathering form