Low Level Concerns Policy
Oldham Athletic (2004) Association Football Club Limited (OAFC) are committed to ensuring Low-Level Concerns are monitored, recorded and dealt with appropriately to create a safer culture for all staff, players, volunteers, teaching staff, coaches, and visitors.
OAFC has a moral, legal, and social responsibility to provide a secure and safe environment for all those participating in our activities.
SCOPE AND REFERENCES
This Policy sets out good practice and provides guidance on how to deal with situations and put in safeguards where a low-level concern may be encountered to ensure promoting of a safe culture and preventing possible harm. It will work in conjunction with all OAFC’s policies and procedures, including, but not exclusive to, Club Wide Safeguarding Policy, Safeguarding Code of Practice, Safeguarding Children Policy, Adults at Risk Policy, Date Protection Policy, Health and Safety, Match Day Safeguarding Policy, Prevent Strategy, Safer Recruitment Policy, Statutory Guidance Keeping Children Safe in Education 2023 (SGKCSIE)
This policy has been written with reference to EFL Standards 2020, Farrer & Co Developing and implementing a low-level concerns policy: A guide for organisations which work with children 2020 and Farrer & Co Safeguarding Children: dealing with low-level concerns about adults July 2021 and training from EFL Jennie Smith.
DISTINCTION BETWEEN AN ALLEGATION AND A LOW-LEVEL CONCERN
A culture encouraging reporting of Low-Level Concerns enables staff or parents to share any concerns they may have, no matter how small, about inappropriate behaviour.
Concerns should not be limited to Safeguarding but could relate to behaviour which does not meet the professional standards expected within OAFC.
The term ‘allegation’ means that it is alleged that a person who works with children has:
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;
or behaved towards a child or children in a way that indicates they may pose a risk of harm to children.
An allegation can also relate to an adult’s behaviour outside of work, and their relationships with others, if they:
have behaved in a way in their personal life that raises safeguarding concerns. These concerns do not have to directly relate to a child but could, for example, include an arrest for the possession of a weapon;
have, as a parent or carer, become subject to child protection procedures;
are closely associated with someone in their personal lives (e.g., partner, member of the family or other household member) who may present a risk of harm to children for whom the adult is responsible in their employment/volunteering.
A low-level concern is any concern about an adult’s behaviour towards a child that does not meet the allegation threshold set out above or is not otherwise serious enough to consider a referral to the LADO.
A low-level concern is any concern – no matter how small, and even if no more than a ‘nagging doubt’ – that an adult or child may have acted in a manner which:
is not consistent with an organisation’s Code of Conduct, and/or
relates to their conduct outside of work which, even if not linked to a particular act or omission, has caused a sense of unease about that adult’s suitability to work with children.
Staff do not need to be able to determine in each case whether their concern is a low-level concern, or if it is in fact serious enough to consider a referral to the LADO or meets the threshold of an allegation. Once staff share what they believe to be a low-level concern, that determination should be made by the Safeguarding Lead.
IMPORTANCE OF SHARING LOW-LEVEL CONCERNS
It is necessary to ensure a culture of openness and trust is fostered within OAFC in which staff can share any concerns about the conduct of colleagues and be assured that these will be received in a sensitive manner.
It is well documented that organisational child sexual abuse is often preceded by grooming, and that such conduct was observed and considered questionable. This could be targeted at protective adults, not just children or vulnerable adults. This behaviour was rarely reported to the relevant individual in the organisation, was not recorded, and not available later for evaluation of patterns emerging. Research has shown that it is not possible for individuals to accurately judge people, as there is no one profile to describe everyone who abuses a child, so focus should be placed upon specific behaviours.
To minimise the risk of situational offending, there needs to be a culture of giving staff the confidence to speak out. This requires a robust framework, policy, training, support and leadership to facilitate this and a willingness to accept that abuse could happen in any organisation.
IMPLEMENTING A WRITTEN LOW LEVEL CONCERNS POLICY.
Initial points to consider are firstly that a written policy is a necessary requirement under EFL Standards. It can be incorporated within an existing policy, or be written as a stand-alone, as this is. Implementation is key. To be effective, the policy must have a ‘buy in’ from all staff and Managers across OAFC and must be seen to adhere to and model the expected values and behaviour of OAFC as written in the policy.
For staff to understand and engage with the policy, it will be necessary to provide training. This will be incorporated in both the Safeguarding Induction Training for new staff and the Annual Safeguarding Training for all staff.
Any concerns or issues relating to the Low-Level Concern Policy will include reports to The Board.
DATA PROTECTION
The Data Protection Act 2018 makes specific provision for the processing of personal data necessary for safeguarding children from harm. The Information Sharing Code of Practice (Information Commissioner’s Office 2019) specifically cites safeguarding of children as a ‘clear example of a compelling reason’ to share personal data. Where a concern is low-level, rather than an allegation, the balance between safeguarding interest and personal data rights will be considered carefully to ensure it is a reasonably necessary measure that the data should be shared.
HOW SHOULD LOW-LEVEL CONCERNS BE RECORDED
All staff are given access to our digital reporting system “My Concern” where all safeguarding concerns including low level concerns can be recorded. All reported concerns will be overseen by the Club and Academy Designated Safeguarding Officers and are fully confidential.
REVIEW OF THE CENTRAL LOW-LEVEL CONCERNS
The Designated Safeguarding Officers for the Club and Academy will review the Low-Level Concerns and all other reports uploaded to “My Concern” at their monthly meetings and further reported to the SSM at monthly Board Meetings.
SHOULD LOW-LEVEL CONCERNS BE REFERRED TO IN A REFERENCE?
With reference to KCSIE guidance, which is only applicable to schools and colleges, allegations which are proven to be false, unsubstantiated or malicious, should not be included in employer references. Likewise, a history of repeated concerns which have all been found to be false, unsubstantiated or malicious should also not be included in any reference.
Misconduct or consistent poor performance, where relevant, may be included. This would not normally include Low-Level safeguarding concerns unless the threshold is met for referral and found to be substantiated, where it should then be referred to in a reference. Where KCSIE does not apply, consideration must be given to legal obligations and duty of care in giving accurate references. Further guidance may be sought from EFL.
ROLE OF THE BOARD
The Lead DSO will include in the regular Reports to the Board, via the SSM for OAFC, the information about the implementation of the Low-Level Concern Policy and any evidence as to its effectiveness, with any relevant data.
The SSM, who is Board level, will review an anonymised sample of low-level concerns at regular intervals, in order to ensure that these concerns have been responded to promptly and appropriately.
Contacts for Reporting Low Level Safeguarding Concerns are as follows
Oldham Athletic Senior Safeguarding Manager
TBC
OAFC Designated Safeguarding Officer
Pamela Makin safegurding@oldhamathletic.co.uk
07738 131463
Academy Safeguarding Officer
Wendy Noble academysafgeuarding@oldhamathletic.co.uk
07949 107580
Review Date: September 2024
Next Review Date: September 2025
