LADO Referral Decision Tool

Does this allegation meet the LADO threshold?

Work through the questions below. The tool will guide you to a decision. If you are ever in doubt, contact your LADO for a consultation — early contact is always appropriate and encouraged.

What to do when an allegation is made

Follow these steps in order. Do not skip ahead — in particular, do not investigate or speak to the accused person before contacting the LADO.

Receive and record the allegation

⏱ Immediately

As soon as an allegation is made or comes to your attention, record it in writing. Note the exact words used, who said it, when and where. Do not paraphrase.

Write down exactly what was said, by whom and at what time

Note who else was present and whether the child has been spoken to

Record your initial risk assessment — is the child currently safe?

Do not promise confidentiality to the person who reported

Do not interview the child, take a formal statement, or speak to the accused person at this stage.

Ensure the child is safe

⏱ Immediately

Before anything else, consider whether the child is at immediate risk and whether the accused person needs to be separated from children pending further action.

If child is at immediate risk — call police on 999 first

Consider whether the accused should be removed from direct contact while you seek LADO advice

Any removal from contact must be handled carefully — take advice from LADO before formal suspension

Removal from contact is not the same as suspension — suspension is a formal HR act

Suspension should always be considered a last resort and treated as a neutral act — not a disciplinary measure or pre-judgement of guilt.

Report to your designated senior manager

⏱ Same day — within hours

If you are the Registered Manager, report to your Responsible Individual. If you are a staff member, report to your Registered Manager immediately. Do not handle this alone.

Inform the most senior person available — this is not a decision for one person

Brief them factually — what was alleged, by whom, about whom

The senior manager takes responsibility for LADO contact

Working Together 2023, s.226

Contact the LADO

⏱ Within 1 working day

You must contact the LADO for the local authority area in which the home is located within one working day of the allegation coming to your attention — and before any investigation begins.

Contact your local LADO by phone or online referral form — check your local authority's website for contact details

Have the allegation details, the accused person's name and role, and your initial safety plan ready

If outside office hours — contact the emergency duty team or police and inform LADO the next working day

The LADO will advise on whether the threshold is met and what happens next

Also notify Ofsted within 24 hours under Regulation 40

Do not start an internal investigation before contacting the LADO. To do so may compromise any subsequent police investigation and is contrary to statutory guidance.

Working Together 2023, s.226 — referral within one working day

Consider interim risk management

⏱ Within 1 working day — guided by LADO

After LADO contact, agree on what interim measures are needed to manage risk while the allegation is investigated. The LADO will advise. Options include redeployment, increased supervision or formal suspension.

Redeployment to a role without child contact — if available

Increased supervision of the individual's duties

Formal suspension — only as a last resort and only after LADO advice

Document the rationale for whatever decision is made

Neither the Police nor the LADO can require you to suspend. The decision rests with the employer. Suspension is a neutral act and must be communicated as such to the individual.

Support the accused person

⏱ From point of allegation onwards

The person subject to the allegation is entitled to support throughout the process. This is a statutory requirement, not optional.

Assign a named support person who will keep them informed of progress

Signpost to counselling, occupational health or employee assistance if available

Keep them informed of timescales — without sharing investigation details

Do not brief other staff about the allegation beyond those who need to know

Seek advice from the LADO and your HR adviser before deciding how much information to share with the accused person at the initial stage.

Attend and cooperate with the Managing Allegations Meeting

⏱ Within 5 working days of LADO referral

The LADO will convene a multi-agency meeting to agree on the investigation strategy, timescales and responsibilities. This typically involves police, children's social care and the employer.

Attend with your Responsible Individual or a senior representative

Bring your written record of the allegation and any immediately relevant background

Agree timescales and your role in the investigation process

Note — meeting minutes are strictly confidential and must not be shared outside the meeting without LADO permission

The LADO has 5 working days from referral to establish whether a Managing Allegations Meeting is required

Await outcome and take required action

⏱ Timescales set by LADO

The investigation will reach one of five possible outcomes. Your obligations after the outcome depend on the finding — including a legal duty to refer to DBS in certain circumstances.

Cooperate fully with the investigation — provide records, rotas, logs as requested

Keep the LADO updated on any developments within your organisation

Once concluded, the LADO will communicate the outcome to you

Review your own procedures and practices — the LADO may recommend this

Legal duty: If the outcome is substantiated AND the person has been dismissed or removed from regulated activity, you must make a referral to the DBS. Failure to do so may be a criminal offence.

Working Together 2023, s.227–228 — DBS referral obligations

The five possible LADO outcomes

Every LADO case concludes with one of these five findings. The outcome determines your next steps as an employer — including whether a DBS referral is legally required.

🔴 Substantiated

There is sufficient evidence to prove the allegation on the balance of probability. This is the most serious outcome. If the person has been dismissed or removed from regulated activity, a DBS referral is a legal requirement. Consider referral to professional regulatory bodies.

🟡 Unsubstantiated

There is insufficient evidence either to prove or disprove the allegation. This does not mean the allegation is false — only that evidence is insufficient. The matter may be addressed through HR/performance management processes. The allegation should be retained on the person's file.

🟢 False

There is sufficient evidence to disprove the allegation — the person reporting was mistaken in what they alleged. The allegation should not be referred to in future employment references. Records should still be retained as per retention policy.

⬛ Malicious

The allegation was deliberately and purposefully untruthful. This is the highest bar to reach. Where proven malicious, the allegation must not be included in any employment reference. Consider what action, if any, is appropriate regarding the person who made the false allegation.

🔵 Unfounded

There is no evidence or basis for the allegation. Often used where an allegation does not meet the threshold for formal investigation. No further action is required though a record must be kept in line with the organisation's retention policy.

⚠️ DBS Referral — Your Legal Duty

You have a legal duty to make a DBS referral if: (1) the LADO outcome is substantiated, AND (2) the person has been dismissed, resigned, retired or removed from regulated activity — or would have been, had they not left first.

This includes situations where a person is redeployed away from regulated activity as a result of the allegation. Failure to make a mandatory DBS referral where required may itself constitute a criminal offence. Contact the DBS directly at dbs@dbs.gov.uk or 03000 200 190.

Record Retention

Regardless of outcome, records of the allegation and LADO process must be retained. National LADO Network guidance recommends records are kept for 10 years from the date of closure, or until the person turns 100 — whichever is later for substantiated and unsubstantiated cases. Do not destroy LADO records. For cases involving any sexual element, retain all records in line with IICSA guidance — indefinitely.