Safeguarding isn’t a shortcut: A guide for HR in schools & nurseries

When an allegation involves a child, you must protect the child and run a fair employment process. Do this by classifying early and running two coordinated tracks—Safeguarding and Employment rather than a single blurred process.

Legal baseline

• KCSIE Part 4: Apply the harms-threshold test. If met, contact the LADO promptly in line with local procedures and follow their directions. Manage low-level concerns under your policy.

• Employment fairness: Follow the ACAS Code and the Burchell test (genuine belief, reasonable grounds, reasonable investigation) on the balance of probabilities.

• Suspension: Never automatic. Complete a written risk assessment; consider supervision/redeployment first. Avoid describing suspension as “neutral”; record why it’s necessary and review regularly.

• DBS/TRA: If you remove (or would have removed) someone from regulated activity for relevant conduct/risk, a DBS referral is mandatory. For teachers, consider TRA referral where applicable.

• Data protection: Share on a need-to-know basis with a lawful basis (often public task for maintained schools/academies; legitimate interests may suit independent/privately-run settings). For special-category data, rely on DPA 2018 Sch.1 para 18 (safeguarding) and keep an appropriate policy document.

• Child interviewing: Avoid leading or repeated questioning; take LADO advice and, where formal interviewing is required, seek ABE-aligned practice (not binding on HR, but good guidance).

• Accompaniment: Workers have a statutory right to be accompanied at disciplinary hearings (ERA 1999, s10).

Your dual-track protocol

1. Stabilise: Ensure the child is safe; appoint a case manager; contain comms.

2. Threshold: Apply KCSIE Part 4; if the harms threshold is met, escalate to the LADO promptly per local procedures.

3. Preserve evidence: Secure CCTV, rotas, sign-in/fob logs, device data, witness details.

4. Interim measures: Document why you did or didn’t suspend; set a welfare contact; review weekly.

5. Employment investigation: Appoint an independent IO; plan scope; corroborate. Give the employee a redacted gist (timeframe, place, conduct) sufficient to respond while protecting the child’s identity. Apply Burchell and the ACAS Code.

6. Decide & refer: Issue a reasoned outcome. Make DBS referral where criteria are met and consider TRA. Close with LADO and record learning.

Voice of the child and fairness

• Capture the child’s words once, neutrally. Seek LADO/ABE guidance before any formal interview.

• Provide the staff member with particulars (time window, location, conduct). Disclose identity only if strictly necessary for fairness—and then tightly, with LADO advice.

Three myths to avoid

• “Safeguarding means automatic suspension.” No—risk assess first.

• “We can’t tell the employee anything.” You must give enough particulars for a meaningful response, consistent with ACAS and KCSIE.

• “HR must wait for the police.” Pause only if LADO/police indicate HR steps would prejudice enquiries.

Bottom line: Run two clean tracks, document decisions, disclose a lawful gist, and decide proportionately. That protects children, staff and your organisation.

and meets what KCSIE, tribunals and regulators expect.