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Disciplinary in Probationary period

Hi all,

Just a bit of advice as I am keep changing my thoughts on advice with this.  We have two members of staff who received  allegations against them from a child that they were inappropriately handled (restrained) - the staff in question were not trained (to handle/restrain children) and had almost two days before the incident been advised on protocol of making contact for assistance from other trained members of staff, if required but not to handle a child.  (Only certain staff members are trained)    Albeit one of them said she couldn't hear what was said in the meeting due to the noise of the photocopier.   Both had attended inset day where staff were given expectations regarding professional behaviour within the school environment.  Both have been requested to complete online safeguarding, one still hasn't got around to doing it yet despite reminders.   To try and cut a long story short - both these staff joined us on 1 September 2017 and the allegation was made late October.  After initial fact-finding a management investigation has taken place and during this time both members of staff were suspended as we could not keep them supervised around children at all times. 

Do we proceed to a disciplinary hearing -  and involve our governors (it is clear both did not follow school policy and procedure) or which is what my other option is that we do an early probation review (probationary period is 6 months) and the Head make a recommendation on dismissal based on the inability to follow safeguarding procedures. 

I really want to resolve this quickly now - thoughts anyone? 

Kind Regards

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  • Hi Donna

    Can only speak of the world outside school, where the deciding factor would be whether or not they're worth keeping and / or this is likely to happen again.

    If the answer is yes or even probably, then why not simply forget all about probation and longwinded procedures and take appropriate (informal but effective) action?
  • In reply to David:

    Thanks David, I think the answer to the first question is probably not for one of them/yes it may well do and maybe for the other one!
  • Hi Donna

    Have you informed the LADO as it's a safeguarding issue? You may not be able to continue your internal procedure without seeking their guidance.

    Regarding your internal processes - you may not be able to 'fail' their probation as safeguarding protocol is usually to follow the process through, even if the employee leaves, you treat it as an inquiry as opposed to a disciplinary. You would report to the LADO as 'if they were still an employee this would have been the outcome'. The reason behind this is if they were found guilty of wrongdoing, you would not want them working with children elsewhere.

    What does your policy say re disciplinary? If the outcome can result in dismissal, ours says we arrange for a disciplinary hearing with a panel of 3 Governors.

    As a side note, the investigation outcome should also give recommendations for ensuring staff have completed training.
  • In reply to Kimberly:

    Safeguarding is of course important but can't see why on earth it needs to determine what's done in these particular circumstances
  • In reply to David:

    It's a procedure schools are expected to follow by the DfE.

    Previously, schools were allowing staff who breached safeguarding to resign before action was taken, and some would have been put on the barred list, prohibition list or have received convictions/cautions that showed on the DBS that schools may not have allowed.

    There are different thresholds and the LADO can advise accordingly and notify the police etc if those thresholds are met.
  • In reply to Kimberly:

    The LADO have been informed - I understand where you are coming from Kimberly which is why I keep going between the two, I don't think the outcome will be that they are a safeguarding risk, more around inability to follow procedure and perhaps lack of understanding. Thanks for comments everyone.