POLICIES
Modern Slavery and Human Trafficking Policy
Policy Statement
This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, agents, contractors and suppliers. VNA Education Ltd strictly prohibits the use of modern slavery and human trafficking in our operations and supply chain. We have and will continue to be committed to implementing systems and controls aimed at ensuring that modern slavery is not taking place anywhere within our organisation or in any of our supply chains. We expect that our suppliers will hold their own suppliers to the same high standards.
Commitments:
Modern Slavery and Human Trafficking
Modern slavery is a term used to encompass slavery, servitude, forced and compulsory labour, bonded and child labour and human trafficking. Human trafficking is where a person arranges or facilitates the travel of another person with a view to that person being exploited. Modern slavery is a crime and a violation of fundamental human rights.
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Commitments We shall be a company that expects everyone working with us or on our behalf to support and uphold the following measures to safeguard against modern slavery:
We have a zero-tolerance approach to modern slavery in our organisation and our supply chains.
The prevention, detection and reporting of modern slavery in any part of our organisation or supply chain is the responsibility of all those working for us or on our behalf. Workers must not engage in, facilitate or fail to report any activity that might lead to, or suggest, a breach of this policy.
We are committed to engaging with our stakeholders and suppliers to address the risk of modern slavery in our operations and supply chain.
We take a risk based approach to our contracting processes and keep them under review. We assess whether the circumstances warrant the inclusion of specific prohibitions against the use of modern slavery and trafficked labour in our contracts with third parties. Using our risked based approach we will also assess the merits of writing to suppliers requiring them to comply with our Code of Conduct, which sets out the minimum standards required to combat modern slavery and trafficking.
Consistent with our risk based approach we may require:
employment and recruitment agencies and other third parties supplying workers to our organisation to confirm their compliance with our Code of Conduct
Suppliers engaging workers through a third party to obtain that third parties’ agreement to adhere to the Code
As part of our ongoing risk assessment and due diligence processes we will consider whether circumstances warrant us carrying out audits of suppliers for their compliance with our Code of Conduct.
If we find that other individuals or organisations working on our behalf have breached this policy we will ensure that we take appropriate action. This may range from considering the possibility of breaches being remediated and whether that might represent the best outcome for those individuals impacted by the breach to terminating such relationships
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PRIVACY POLICY
VNA Education Ltd (”We”) are committed to protecting and respecting your privacy.
Any mention of “Our Group” means our subsidiaries, our ultimate holding company and its subsidiaries, our associated companies as defined in section 1159 of the UK Companies Act 2006 (our Group).
This notice sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a new regulation which replaces the Data Protection Regulation (Directive 95/46/EC). The Regulation aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate.
Even though the UK has expressed its intention to leave the EU in March 2019, the GDPR is applicable in the UK from 25th May 2018. The Government intends for the GDPR to continue in UK law post Brexit and has therefore enforced the Data Protection Act 2018.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purposes of data protection legislation in force from time to time the data controller is VNA Education Ltd of 2 Crown Yard, Billericay, Essex, CM12 9AP.
Our nominated representative OR Data Protection Officer is Roy Cooke.
Who we are and what we do:
We are a recruitment agency and recruitment business as defined in the Employment Agencies and Employment Businesses Regulations 2003 (our business). We also provide the following other services including background screening. We collect the personal data of the following types of people to allow us to undertake our business;
Prospective and placed candidates for permanent or temporary roles;
Prospective and live client contacts;
Supplier contacts to support our services;
Employees, consultants, temporary workers;
Other contacts.
We collect information about you to carry out our core business and ancillary activities.
Information you give to us or we collect about you.
This is information about you that you give us by filling in forms or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, to enter our database, subscribe to our services, attend our events, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site.
The information you give us or we collect about you may include your name, address, private and corporate e-mail address and phone number, financial information, compliance documentation and references verifying your qualifications and experience and your right to work in the United Kingdom, curriculum vitae and photograph, links to your professional profiles available in the public domain e.g. LinkedIn, Twitter, business Facebook or corporate website .
Information we collect about you when you visit our website.
With regard to each of your visits to our site we will automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information if applicable, browser type and version
information about your visit, including the URL, clickstream to, through and from our site (including date and time), products you viewed or searched for page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
Information we obtain from other sources.
This is information we obtain about you from other sources such as LinkedIn, corporate websites, job board websites, online CV libraries, your business card, personal recommendations, and others. In this case we will inform you, by sending you this privacy notice, within a maximum of 30 days of collecting the data of the fact we hold personal data about you, the source the personal data originates from and whether it came from publicly accessible sources, and for what purpose we intend to retain and process your personal data.
We are working closely with third parties including companies within our Group, business partners, sub-contractors in technical, professional, payment and other services, advertising networks, analytics providers, search information providers, credit reference agencies, professional advisors and others. We may receive information about you from them for the purposes of our recruitment services and ancillary support services.
Purposes of the processing and the legal basis for the processing
We use information held about you in the following ways:
 To carry out our obligations arising from any contracts we intend to enter into or have entered into between you and us and to provide you with the information, products and services that you request from us or we think will be of interest to you because it is relevant to your career or to your organisation.
To provide you with information about other goods and services we offer that are similar to those that you have already purchased, been provided with or enquired about.
The core service we offer to our candidates and clients is the introduction of candidates to our clients for the purpose of temporary or permanent engagement. However, our service expands to supporting individuals throughout their career and to supporting businesses’ resourcing needs and strategies, including pre-employment checks.
Our legal basis for the processing of personal data is our legitimate interests, described in more detail below, although we will also rely on contractual obligations to which you are subject, legal obligations and consent for specific uses of data.
We will rely on contractual obligations if we are negotiating or have entered into a placement agreement with you or your organisation or any other contract to provide services to you or receive services from you or your organisation.
We will rely on legal obligation in some cases, where we are required by law or regulation to process your data.
We will in some circumstances rely on consent for particular uses of your data. Where we rely on consent, you will be asked for your express consent. An example of when we will rely on consent as the legal basis for processing your data is when we process your data for marketing purposes.
Our Legitimate Interests
Our legitimate interests in collecting and retaining your personal data is described below:
As a recruitment business and recruitment agency we introduce candidates to clients for permanent employment, temporary worker placements or independent professional contracts. The exchange of personal data of our candidates and our client contact details is a fundamental part of this process.
In order to support our candidates’ career aspirations and our clients’ resourcing needs, we require a database of candidate and client personal data. The database will contain historical information as well as current resourcing and compliance requirements.
To maintain, expand and develop our business we need to record the personal data of prospective candidates and client contacts.
Consent
Should we want or need to rely on consent to lawfully process your data we will request your consent orally, by email or by an online process for the specific activity we require consent for and record your response on our system. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.
Other Uses we will make of your data:
We will also use your data:
To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
To improve our site to ensure that content is presented in the most effective manner for you when you are using your computer or other devices;
To notify you about changes to our service;
To allow you to participate in interactive features of our service, when you choose to do so;
As part of our efforts to keep our site safe and secure;
To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
To make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
We do/do not undertake automated decision making or profiling. We use our computer systems to search and identify personal data in accordance with parameters set by a person. A person will always be involved in the decision making process. If automated decision making or profiling is used, we will provide information about how decisions are made, the significance and the consequences of the decision making.
Do you have to provide us with personal data?
You may refuse to give us your personal and sensitive personal data. Furthermore, you have the right to ask us to delete, change or stop processing your data that we have already received or collected. If you do not provide us with personal or sensitive personal data, or if you request a restriction of processing however, we may not be able to provide you with the services that you have requested and that are stated in this policy.
Cookies  
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie notice at www.vnaeducation.com
Disclosure of your information inside and outside of the EEA
We will share your personal information with:
 Any member of our group both in the EEA and outside of the EEA.
Selected third parties including:
Clients for the purpose of introducing candidates to them;
Candidates for the purpose of arranging interviews and engagements;
Clients, business partners, suppliers and sub-contractors for the performance and compliance obligations of any contract we enter into with them or you;
subcontractors including email marketing specialists, event organisers, payment and other financial service providers ANY OTHERS
Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. [We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;
Analytics and search engine providers that assist us in the improvement and optimisation of our site;
Credit reference agencies, our insurance broker, compliance partners and other sub-contractors for the purpose of assessing your suitability for a role where this is a condition of us entering into a contract with you.
We will disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
If VNA Education Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of VNA Education Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
The lawful basis for the third party processing will include:
Their own legitimate interests in processing your personal data, in most cases to fulfil their internal resourcing needs;
Satisfaction of their contractual obligations to us as our data processor;
For the purpose of a contract in place or in contemplation;
To fulfil their legal obligations.
Where we store and process your personal data
The data that we collect from you may/will be transferred to, and stored at, a destination outside the European Economic Area (”EEA”). It may be transferred to third parties outside of the EEA for the purpose of our recruitment services. It may/will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff engaged in, among other things, our recruitment services and the provision of support services. By submitting your personal data, you agree to this processing. VNA Education Ltd will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy notice.
 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Retention of your data
We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate interests and that you are happy for us to do so. Accordingly, we have a data retention notice and run data routines to remove data that we no longer have a legitimate interest in maintaining.
We do the following to try to ensure that the data we hold on you is accurate:
our website enables you to manage your data and to review whether the details we hold about you are accurate;
prior to making an introduction we check that we have accurate information about you;
we keep in touch with you so you can let us know of changes to your personal data;
We segregate our data so that we keep different types of data for different time periods. The criteria we use to determine whether we should retain your personal data include:
the nature of the personal data;
its perceived accuracy;
our legal obligations;
whether an interview or placement has been arranged; and
our recruitment expertise and knowledge of the industry by country, sector and job role.
We may store and handle your data in the following ways:
We may archive part or all of your personal data, retain it on our financial systems only or delete all or part of the data from our main Customer Relationship Manager (CRM) system.
We may pseudonymise parts of your data, particularly following a request for restriction or erasure of your data, to ensure that we do not re-enter your personal data on to our database, unless requested to do so.
For your information, Pseudonymised Data is created by taking identifying fields within a database and replacing them with artificial identifiers, or pseudonyms.
Our current retention notice is available upon request.  
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for marketing purposes or if we intend to disclose your information to any third party for marketing purposes. We will collect express consent from you, if legally required, prior to using your personal data for marketing purposes.
You can exercise your right to accept or prevent processing for marketing purposes by checking the boxes on the forms we provide you when we collect your data. You can also exercise the right to not have your data used for marketing purposes at any time by contacting us at info@vnaeducation.co.uk
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The GDPR provides you with the right to:
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party in certain formats, if practicable.
Make a complaint to a supervisory body which in the United Kingdom is the Information Commissioner’s Office. The ICO can be contacted through this link: https://ico.org.uk/concerns/.
Access to information  
The Data Protection Act 2018 and the GDPR give you the right to access information held about you. We also encourage you to contact us to ensure your data is accurate and complete. Your right of access can be exercised in accordance with the Act and the GDPR.
A subject access request should be submitted to info@vnaeducation.co.uk. No fee will apply unless the requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character. In such circumstances, we may charge a fee or refuse to act on the request.
Changes to our privacy notice  
Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy notice.
Contact  
Questions, comments and requests regarding this privacy notice are welcomed and should be addressed to info@vnaeducation.co.uk
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Complaints and Escalation Policy & Procedure
Policy Statement:
VNA Education Ltd (VNA) values the opinion and feedback of its employees, candidates and clients and is committed to improving service quality in response to feedback, suggestions, complaints or service issues.
We believe that our customer service is what differentiates us from our competitors, and as such we are continuously seeking ways to improve the service that we give to both our clients and candidates.
Scope of the Policy
This policy applies to all aspects of the company’s service, policies and procedures. All employees and candidates are required to comply with this policy when dealing with complaints and if required complaint escalation.
Complaints Procedure
Although the bulk of service issues are raised and dealt with operationally on a day-to-day basis, there may be occasions when a particular issue needs to be raised and handled formally.
VNA operates a very open and accessible operational structure, ensuring that senior management and the directors are available when required to all parties. This structure allows decisions requiring executive level input to take place quickly and efficiently, streamlining the service to our Clients and Candidates.
All complaints and service issues will be thoroughly investigated and documented with all parties involved. Clear and accurate communication is central to effective resolution. Complaints should be made in writing, initially to the member of staff concerned. Receipt of the complaint will be acknowledged immediately pending investigation.
Information will be requested regarding who is making the complaint together with the nature of the complaint. This will be recorded in the complaints register.
The staff member to whom the complaint was initially made (with support from a manager if necessary) will investigate the complaint and interview individual parties as appropriate. Written statements will be obtained from those interviewed and a summary report will be written. Action to resolve the complaint will be detailed and where appropriate incorporated as part of our standard processes and procedures to prevent re-occurrence and improve service. Responses to the complaint will be made in writing.
Actions and Response times will be as follows:
Stage 1 – Acknowledgement
Acknowledgement of complaint within 2 business days of receipt. Acknowledgement shall be in writing with all correspondence stored on our company CRM system for tracking, auditing and monitoring purposes.
A response will be made to complainant within 48 hours of completing interviews. In every case we will take all reasonable and practicable steps to resolve the complaint within 15 business days of its receipt unless the nature of the complaint requires additional investigation or action by an appropriate third party in which case the complaint will be made good or resolved as soon as possible thereafter.
Stage 2 – Identification
What is the complaint regarding?
Document the incident.
Report the incident to client / internal management and relevant parties.
If the complaint is regarding a candidate, does the client wish to terminate the arrangement for the candidate’s services immediately?
Does the client wish to retain the candidate’s services pending investigation?
Does the client require a replacement candidate?
If regarding an internal employee, do VNA’s management / compliance management consider the employee as needing to be suspended pending the investigation?
Stage 3 – Further Contact
Following receipt of a written report from the client, we write to the employee /candidate concerned and ask him/her to attend a meeting at our office. We advise them that it would be in their own interest to be accompanied by a representative.
We write to the client informing them of the steps we have taken.
Stage 4 – Investigation
Prior to such investigation, we request a written statement from the party making the complaint, together with any supporting statements outlining the nature of the allegations.
Investigation will commence immediately with an assessment of the situation and contact with all individuals involved.
The interview and discussion is arranged surrounding the complaint for fact finding purposes. They are informed they may bring a colleague / independent representative.
Interviews will be held within 48 working hours unless there are extenuating circumstances.
Report all findings back to the person making the complaint / client and relevant government bodies (if applicable).
Stage 5 – Meeting Procedure
We arrange a meeting and ensure that 2 representatives (one to conduct the investigation and the other to act as a witness and note taker) are present:
Upon the meeting we introduce parties to each other
State that this is not to be regarded as a disciplinary procedure, merely an investigation of a formal allegation which we have received.
The details of the allegation are presented at this point (copies are handed out only with prior consent from the client) and the candidate is invited to comment.
The candidate’s comments are noted and read back to them for confirmation that we have noted the response accurately.
If the employee / candidate accepts responsibility for their actions and expresses regret, we give advice as to the dangers of laying himself/herself open to allegation. We also draw attention to our Code of Conduct and explain that the future of the candidate as a member of our register will be dependent on his/her acceptance of and adherence moving forward to the Code.
If, however, the candidate denies the charge, we note his/her comments and say that we will report these back to the local authority / Client / government body. We inform them that following this meeting, the client may or may not wish to pursue matters and that we will keep them informed of further developments.
Stage 6. – Follow up
Following the meeting we will then write to the client / person making the complaint to report on the outcome of our investigation. The local authority/ client is advised that if the matter cannot be resolved and that the seriousness of the allegation warrants further action, to adopt whatever measures would normally come into force to meet legal requirements.
During the course of any such proceedings a senior representative of VNA Education will be available to attend, if requested, any meetings to share information and co- operate fully with the Authority pending a final decision. All internal paperwork will also be made available.
All notes are stored on our company CRM system and are monitored on a regular basis to ensure no trends occur.
During the complaints resolution process we will ensure that both the Contracting Authority and the Complainant are kept abreast of progress in making good or resolving the complaint and on resolution details of the complaint, actions and procedures put in place to prevent recurrence will be provided to all parties in writing.
We maintain a written log of all complaints which including details of the complaint, actions taken to resolve it and any changes to procedures to prevent recurrence. Complaints will be analysed on a quarterly and annual basis to identify any trends or patterns and this will form part of management reporting and be an agenda point for discussion at review meetings.
Escalation Process
Level 1 – Receipt of initial complaint
Upon receipt of a complaint, the complainant will receive immediately acknowledgement of receipt of the complaint, together with an explanation of resolution wherever possible and estimated timescales to resolve.
If the Level 1 employee cannot resolve the problem or if the complaint is of a serious nature, it will be escalated to Level 2 immediately.
Level 2 – VNA’s Contracts Manager
Upon receipt of an escalated complaint and within 48 working hours, the Level 2 employee will:
Respond to the Level 1 employee and the complainant to acknowledge receipt of complaint and clarify understanding of issue.
Provide the Level 1 employee and the complainant with an explanation of proposed resolution and anticipated timescale.
If the Level 2 employee cannot resolve the problem within the required timescales or the complaint is of a sufficiently serious nature, it will be escalated to Level 3.
Level 3 – VNA’s Director
Upon receipt of an escalated complaint, the VNA will:
Immediately commence an assessment of the situation and contact with the individuals involved. Respond to complaint within 48 hours of completing interviews.
Should the complainant be dissatisfied with any aspect of the handling of their complaint or the outcome they should contact the complaints handling team, by outlining the details in full, to:
Complaints Handling
VNA Education Ltd, 2 Crown Yard, Billericay, CM12 9BX
The complaint will then be investigated by company directors and management, who will propose a suggested course of action. The management will continue to review the outcome of the complaint at agreed times for a minimum period of 12 months.
Confidentiality
Every effort will be made to maintain confidentiality and guard against publicity while an allegation is being investigated/considered.
Record Keeping
A clear and comprehensive summary of any allegations made, details of how the allegation was followed up and resolved, and a note of any action taken and decisions reached, will be kept on a person’s confidential personnel file, and a copy provided to the person concerned. In house copies are stored on our company CRM with limited access to anyone aside from those dealing with the allegation. The purpose of the record is to enable accurate information to be given in response to any future request for a reference if the person has moved on.
It will provide clarification in cases where a future DBS Disclosure reveals information from the police about an allegation that did not result in a criminal conviction. In addition, it will help to prevent unnecessary re-investigation if, as sometimes happens, an allegation re-surfaces after a period of time. The record will be retained at least until the person has reached normal retirement age or for a period of 10 years from the date of the allegation, if that is longer.
Timescales
It is in everyone’s interest to resolve cases as quickly as possible consistent with a fair and thorough investigation. Every effort will be made to manage cases to avoid any unnecessary delay.
How are sensitive cases regarding candidates referred?
Allegations of serious misconduct against a candidate may be referred to the health care & professions council by any of those listed below:
a candidate’s employer, including an employment or supply agency, has a legal duty to consider whether to refer a case to the HCPC when they have dismissed a social worker for misconduct, or would have dismissed them had they not resigned first
members of the public who think that a case of misconduct by a candidate is serious enough to warrant a prohibition order, although the HCPC will expect local procedures to have been exhausted before it will consider investigating the case the police, the Disclosure and Barring Service (DBS) and other regulators who are aware of relevant information.
Action on Conclusion of a Case
If the allegation is substantiated and the person is dismissed or VNA ceases to use the person’s services, or the person resigns or otherwise ceases to provide his/her services, the Manager will determine with the Local authorities Safeguarding team whether a referral to the ISA is required, or advisable. VNA shall report to the ISA, any person whose services are no longer used because he or she is considered unsuitable to work with children or vulnerable adults. (The ISA, PO Box 181, Darlington DL1 9FA. Tel: 0300 1231111). This report will be made within one month of the decision to cease using the services of that person.
In cases where it is decided on the conclusion of the case that a person who has been suspended can return to work, VNA will consider how best to facilitate that. We appreciate that most people will benefit from some help and support to return to work after a very stressful experience. Depending on the individual’s circumstances, a phased return and/or the provision of a mentor to provide assistance and support in the short term may be appropriate.
Action in Respect of False Allegations
If an allegation is determined to be false, the manager will refer the matter to the local authority’s social services to determine whether the child concerned is in need of services, or may have been abused by someone else. In the rare event that an allegation is shown to have been deliberately invented or malicious, the manager will consider whether any disciplinary action is appropriate against the staff/child or vulnerable adult who made it, or the police should be asked to consider whether any action might be appropriate against the person responsible if s/he was not a child.
Review
This procedure will be reviewed regularly and may be altered from time to time in light of legislative changes or other prevailing circumstances.
It is VNA’s utmost priority that incidents and complaints are dealt with in a fair manner. Our operating system of individually accountable personal consultants for schools and candidates means that a consultant will normally deal with a complaint until its resolution. If at any time a complainant is not satisfied with the treatment of their complaint, then VNA Education has a clear line management structure for the complaint to be referred to a more senior level.
Introduction
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VNA Education Ltd follow strict standards in order to ensure that all candidates that we supply to our clients are of the highest professional and personal calibre. As part of our standards, we follow Safer Recruitment guidance before placing candidates into any workplace but especially those where children and adults at risk may be present. We also take seriously any concerns raised regarding our staff and our candidates.
This policy gives details of what action we will take when such concerns are raised with us and should be raised alongside our Safeguarding Children and Young People Policy, Complaints Policy, Safer Recruitment Policy and Whistleblowing Policy.
Scope of the Policy
This policy applies to anyone employed by VNA Education Ltd including our Directors, staff, and any work placement/volunteers or anyone registered with us as a candidate.
Any member of staff or candidate who wishes to raise a concern regarding their conditions at work (or similar) should do so through the Company Grievance procedures.
Any organisation or service wishing to complain about our services, or the suitability/capacity of any candidate placed with them should do so under the Complaints procedure.
1. Criteria for raising concerns under this Policy
A concern may be raised against an adult which suggests that they may be a risk to a child. This includes people who may:
behaved in a way that has harmed a child, or may have harmed a child;
possibly committed a criminal offence against or related to a child;
behaved towards a child or children in a way that indicates he or she may pose a risk of harm to children; or
behaved or may have behaved in a way that indicates they may not be suitable to work with
Where concerns are raised about someone who works with children, it will be necessary for VNA Education Ltd to assess any potential risk to other children who may have contact with the person against whom the allegation has been made. This includes the person’s own children and family members.
2. Who should take the lead in investigating allegations regarding a candidate on placement in an education setting?
When deciding who should take the lead when a candidate is placed in a school the VNA Education Ltd will have regard to Section 214, 215, 216 and 217 from Keeping Children Safe in Education 2020 (KCSIE 2020):
In some circumstances schools and colleges will have to consider an allegation against an individual not directly employed by them, where its disciplinary procedures do not fully apply, for example, supply teachers provided by an employment agency or business (referred to in this section as ‘the agency’).
Whilst schools and colleges are not the employer of supply teachers, they should ensure allegations are dealt with In no circumstances should a school or college decide to cease to use a supply teacher due to safeguarding concerns, without finding out the facts and liaising with the Local Authority Designated Officer (LADO) to determine a suitable outcome. Governing bodies and proprietors should discuss with the agency whether it is appropriate to suspend the supply teacher, or redeploy them to another part of the school, whilst they carry out their investigation.
Agencies should be fully involved and co-operate in any enquiries from the LADO, police and/or children’s social The school or college will usually take the lead because agencies do not have direct access to children or other school staff, so they will not be able to collect the facts when an allegation is made, nor do they have all the relevant information required by the LADO as part of the referral process. Supply teachers, whilst not employed by the school or college, are under the supervision, direction and control of the governing body or proprietor when working in the school or college. They should be advised to contact their trade union representative if they have one, or a colleague for support. The allegations management meeting which is often arranged by the LADO should address issues such as information sharing, to ensure that any previous concerns or allegations known to the agency are taken into account by the school during the investigation.
When using an agency, schools and colleges should inform the agency of its process for managing This should include inviting the agency’s human resource manager or equivalent to meetings and keeping them up to date with information about its policies.
If an allegation is raised and an educational establishment takes the lead in investigating the allegation, VNA Education Ltd will use its best endeavours to assist with that investigation, including attending meetings and sharing relevant information. We do however reserve the right to conduct our own investigation where we are not satisfied with the outcome of the investigation; where we either believe that a candidate has been unfairly treated; that the guidance in KCSIE 2020 has not been followed; or where we continue to have concerns about the suitability of the candidate to work with children/adults at risk.
Regardless of who takes the lead in the investigation, VNA Education Ltd recognises the importance of also providing the relevant support to the candidate concerned, and of reviewing any systems or processes here at VNA Education Ltd which may require improvement.
The remainder of this policy concerns the process to be followed if VNA Education Ltd is to take the lead in an investigation, for example if a concern is received from some place other than an educational establishment, is a historical allegation, or where the candidate does not fall into the above provision in KCSIE 2020.
3. The procedure to be followed when an allegation is made
There may be up to three strands in considering a concern or an allegation:
A police investigation of a criminal offence;
Enquiries and assessment by Children’s Social Care to ascertain whether a child or young person is in need of
protection or is in need of services; and
Consideration by an employer of disciplinary action in respect of the
4. VNA Education Ltd responsibilities and multi-agency partnerships
VNA Education Ltd policies and processes ensure that all candidates and other staff understand that it is their responsibility to protect children from abuse or neglect. VNA Education Ltd’s code of conduct gives guidance on what behaviour is expected from candidates when on placement in order to fulfil that responsibility.
All agencies have a joint responsibility to ensure that they work together to protect children from harm. If the VNA Education Ltd gives a local authority information that suggests an adult may be a risk to children, the local authority should give careful consideration as to what information should be shared with the VNA Education Ltd to enable a comprehensive risk assessment to be conducted.
Allegations against people who work with children must not be dealt with in isolation. Any corresponding action necessary to address the welfare of other children or adults with care and support needs should be taken without delay and in a coordinated manner, to prevent the need for further safeguarding in future.
Any allegation which arises in relation to historical abuse by a candidate or other member of staff, should be responded to in the same way as a current concern. In such cases, it is imperative to ascertain whether the person concerned is still working with adults and/or children and if so, to inform their current employer/organisation.
The standard of proof for prosecution is ‘beyond reasonable doubt’. The standard of proof for internal disciplinary procedures and for discretionary barring consideration by the Disclosure and Barring Service (DBS) is usually the civil standard of ‘on the balance of probabilities’. This means that when criminal procedures are concluded without action being taken this does not automatically mean that regulatory or disciplinary procedures should cease, or not be considered. In any event there is always a legal duty to make a safeguarding referral to DBS if a person is dismissed or removed from their role due to harm to a child or an adult with care and support needs.
If someone is removed from their role providing regulated activity following a safeguarding incident, VNA Education Ltd has a legal duty to refer them to the DBS. This also applies where a person leaves their role to avoid a disciplinary hearing following a safeguarding incident and VNA Education Ltd believes they would have dismissed the person based on the information they had.
The Local Safeguarding Partner arrangements should specify the timescales, actions and procedures for responding to any allegations or concerns raised.
5. Actions required following an allegation against the candidate or other member of staff
Any allegation against people who work with children should be reported immediately to the Manager of VNA Education Ltd.
When an allegation has been made against a candidate or other member of staff, the Manager should not investigate the matter by interviewing the accused person, the child or potential witnesses, but should only gather sufficient information to establish whether there is enough credible information to proceed further (this is known as a ‘fact find’). If they are unclear about this, they should consult with the Local Authority Designated Officer (LADO) in the area in which the Organisation is located. They should also:
Obtain written details of the allegation, signed and dated by the person receiving the complaint, or allegation and any other relevant person at the point the allegation has been made
Countersign and date the written details
Record discussions about the child/candidate/member of staff, any decisions made, and the reasons for those decisions;
Decide whether any immediate action needs to be taken to safeguard any child or whether an urgent referral
needs to be made to either Children’s Social Care and/or the Police;
The accused adult must not be informed of the allegations before consideration has been given to the implications this may have on any subsequent investigation.
Consult the local procedures in the area in which the organisation is based and seek advice from the LADO. The LADO is responsible for dealing with allegations against people who work with children. VNA Education Ltd should make a clear distinction between an allegation, a concern about the quality of care or a complaint when speaking to the LADO. Contact with the LADO should be made within one working day of the allegation being brought to the attention of the Manager.
At an agreed appropriate time, the Manager should also make the person concerned aware of their rights under employment legislation and any internal processes.
Whilst any allegation is being investigated and until the outcome is decided, candidates or other staff against whom there is an allegation, should always be treated fairly and respectively, helped to understand the concerns expressed and processes involved, and supported through the process.
It is the responsibility of the local authority to ensure that there are appropriate arrangements in place to effectively liaise with the police and other agencies, to monitor the progress of cases and ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process.
5.1 Persons to be first notified
Any concerns should be shared with the Manager of VNA Education Ltd. A plan of action should be agreed including of who needs to be notified and by whom and consider whether any action needs to be taken to preserve evidence or prevent further harm.
Manager must inform the LADO, for the area in which VNA Education Ltd is based, of the allegation.
Where it is suspected that a criminal offence may have been committed, the Manager should also inform the police.
If the person against whom the allegation has been made has contact with other children (for example, children in
their own family), a referral should also be made to Children’s Social Care.
5.2 Enquiries
The Manager should refer to the Safeguarding Children Partnership procedures (for the area where VNA Education Ltd is based) which should specify:
action to be taken pending the outcome of the police investigations;
action to be taken following a decision to prosecute an individual;
action to be taken following a decision not to prosecute;
action to be taken pending a trial;
responses to both acquittal and
Where the LADO, in conjunction with the police as appropriate, decides that the information gathered requires further discussion, the factors below should be considered. These may be considered as part of a strategy discussion / meeting, depending on the circumstances of the case and what decisions are made if any section 47 (child protection) enquiry is instigated.
The LADO Strategy Discussion should:
Consider the three possible strands set out earlier in this policy;
Review any previous concerns or allegations about conduct of the accused person;
Decide whether there should be a Section 47 Enquiry and/or Police investigation and consider the implications;
Consider whether any parallel disciplinary process should take place;
Consider whether a complex abuse investigation is applicable;
Scope and plan enquiries;
Allocate tasks;
Set timescales;
Decide what information can be shared, with whom and when;
Ensure that arrangements are made to protect the child/ren involved and any other child/ren affected, including taking emergency action where needed;
Consider what support should be provided to all children who may have been affected directly and indirectly;
Consider what support should be provided to the person against whom the complaint or allegation has been made and others who might have been affected;
Ensure that investigations are sufficiently independent;
Make arrangements to inform the child’s parents, and consider how to provide them with support and information during enquiries;
Identify a lead contact manager within each agency;
Agree protocols for reviewing investigations and monitoring progress by the LADO, noting the target timescales;
Agree dates for future LADO Strategy Meetings;
Consider obtaining consent from the individuals concerned by the Police and the Children’s Services Trust to share the statements and evidence they obtain with [Company name] and/or regulatory body for disciplinary purposes
5.3 Possible risk to others
The possible risk of harm to other adults or children should be assessed and managed including those adults or children who may be at risk in the accused’s home, work or community life.
Where necessary, action should be taken, using the Safeguarding Children Partnership and Safeguarding Adults Board procedures as appropriate to protect children and adults from abuse or neglect.
5.4 Sharing information
Unless it puts the child in danger, risks harm to others, or raises the possibility of evidence being destroyed, the individual concerned should be informed that the information regarding the allegation against them will be shared, and with whom. Each case must be assessed individually as there may be rare cases where informing the person about details of the allegations may increase the risks to the child. Decisions on sharing information must be justifiable and proportionate, based on the potential or actual harm to children at risk and the rationale for decision making should always be recorded. This decision should always be made in consultation with the LADO.
The person with the allegation against them should be offered a right to reply, and wherever possible given the opportunity to consent to the information being shared.
The Manager should be advised as to what information (whether fully or partial) can be shared, and when, with the child and their parents (where applicable). The LADO and the police should discuss with the Manager and decide what information they can share with the candidate or member of staff to whom the allegation relates, including being kept updated about any investigation which is undertaken, any disciplinary or related actions. Ofsted should be informed of any allegation or concern made against a person who works with children. They may also be invited to take part in a related strategy meeting / discussion.
When an allegation is made against a candidate or member of staff, it can be a challenging and emotive situation for all those involved, but also for colleagues and family of the accused person. Every effort should be made to maintain confidentiality in relation to the child, their parents and the candidate or member of staff. All candidates and members of staff should be reminded that the allegation must not be discussed outside of formal meetings with approved personnel, and no comment regarding it should be made on social media. It should be made clear that breach of this would result in disciplinary action being taken against the person concerned.
5.5 Media strategy
Until a person is charged, the police should not normally provide the media with any identifying information, for example a public appeal to trace a suspect. In such cases, reasons for the publicity should be recorded with prior consultation of involved partner agencies.
Any media interest whilst an allegation is being investigated or considered should be handled very carefully, and a media strategy agreed by a multi-agency strategy meeting, including VNA Education Ltd, where appropriate.
5.6 Support for the child and their parents
The person who is the main point of liaison with the child and their parents should keep them up to date, as far as possible, with the progress of the investigation whilst not breaching confidentiality in relation to the accused person.
Other professionals providing care and support to the child and their parents should remain impartial throughout the process. Whilst they should provide support specific to their role, they should refrain from offering opinion on the case and in particular, not be seen to favour either side. This duty applies to all those involved, including the placement agency.
5.7 Support for the accused person
As soon as possible after an allegation has been received, the candidate or member of staff should be advised to contact their union or professional association if they have one. The Manager should explore how they can be supported if an investigation takes place. This may be via a named person in the organisation or via external agencies.
Following the outcome of the investigation, if the candidate or member of staff returns to work after a period of suspension, the Manager should consider what help and support might be appropriate. This may include a phased return to work or deciding on what information to give to other professionals.
5.8 Suspension
Suspension should not be automatic when an allegation is received. It should be considered when:
there is concern that a child is suffering or likely to suffer abuse or neglect;
the allegation has resulted in an investigation by the police; or
the allegation is so serious there may be grounds for
Although those involved in the investigation can discuss views on suspension, only the Manager has the power to suspend an employee or candidate. The service cannot be required to suspend an employee by the local authority or the police. Suspension may be considered when there is no other way to prevent the person concerned having contact with children while the investigation is ongoing.
5.9 Outcomes
The following definitions should be used when determining the outcome of allegation investigations:
Substantiated: there is sufficient identifiable evidence to prove the
False: there is sufficient evidence to disprove the
Malicious: there is clear evidence to prove there has been a deliberate act to deceive and the allegation is entirely false.
Unsubstantiated: this is not the same as a false allegation, it means that there is insufficient evidence to prove or disprove the allegation. The term therefore does not imply guilt or innocence.
Unfounded: to reflect cases where there is no evidence or proper basis to support the allegation
If it is established that an allegation has been deliberately invented, the police should be asked to consider if any action may be appropriate. VNA Education Ltd should also consider whether there is any appropriate action they can take, including giving advice to other members of staff, risk assessments or changes to working practices.
5.10 Disciplinary process
The Manager should decide, in conjunction with the LADO, whether disciplinary action is required. The disciplinary procedures of the organisation should be followed in such circumstances. In the case of candidates, they should decide whether it is appropriate to use/employ them in the future, and whether a referral to the DBS is warranted.
Wherever possible and necessary during the disciplinary process, consent should be obtained from the relevant people to share information with required organisations/bodies.
Where there are prosecutions, the police should inform the Manager and the LADO of the outcome immediately, to
enable them to act as required in relation to the person’s future employment and any required DBS referral.
5.11 Terminating employment
Wherever possible a conclusion to the investigation should be achieved, even if:
the employee does not cooperate with the investigation;
disciplinary sanctions are not possible because the employee terminates their employment before the process has been completed.
In cases where an employer has a duty to refer an employee to Disclosure and Barring Service as the criteria for referral are met, agreements that enable the employee to resign with no disciplinary action and provision of future references should not be made.
Where the Manager dismisses an individual from work with children (or would have, had the person not left first) because they pose a risk of harm to children, it must make a referral to the DBS. It is an offence to fail to make a referral without good reason. Where in doubt, advice should be sought from the DBS.
6. Record keeping
The Manager should keep a clear and comprehensive record of the allegation, decisions reached, and actions taken
on the person’s personnel file, a copy of which should be given to them.
The record should include details of how the allegation was followed up and resolved, the decisions reached, and the action taken. It should be kept at least until the person reaches normal retirement age or for 10 years if longer.
The record will provide accurate information for any future reference and provide clarification if a future DBS disclosure reveals an allegation that did not result in a prosecution or a conviction. It will prevent unnecessary re- investigation if the allegation should resurface.
Details of allegations that are found to be malicious should be removed from personnel records.
Each agency/organisation must take great care to ensure that the records they keep respect the confidentiality of the alleged victim and/or the accused adult.
7. References
Cases in which an allegation was proven to be false, unsubstantiated or malicious should not be included in employer references. A history of repeated concerns or allegations which have all been found to be false, unfounded, unsubstantiated or malicious, should also not be included in any reference.
8. Unsubstantiated or false allegations
Where it is decided there is not enough evidence to substantiate an allegation, the professional involved should inform the Managerin writing.
If it is established that an allegation has been deliberately invented, the police should be asked to consider if any action may be appropriate. The Manager should also consider whether there is any appropriate action they can take, including giving advice to the family with whom the child is living, and obtaining additional support and mentoring for any child who made a false allegation.
9. Referral to the Disclosure and Barring Service
Where allegations are substantiated, and in observance with our legal responsibilities, VNA Education Ltd will report candidates to the Disclosure and Baring Service (DBS) where appropriate and seek advice where we are uncertain.
10. Learning lessons
At the conclusion of an investigation, VNA Education Ltd and the LADO, and any other relevant parties, should undertake a review of the case.
This should ascertain whether there are lessons to be learned for the organisation, which would result in improvements to procedures or practice, in relation to the circumstances which led to the allegation.
The process of investigating the allegation should also be evaluated, to decide if there are also recommendations for improvements.
Where changes to policy are recommended, this should be implemented as soon as possible and communicated to all staff.
Consideration should be given by VNA Education Ltd regarding how lessons learned can best be communicated to staff – whether this be by internal communication, supervision, staff meetings or training events.
