Introduction

1.    Introduction

This policy document builds upon existing relevant statutory provisions for sharing information and responding to concerns about a Person in a Position of Trust. This policy document gives guidance in relation to information sharing; employer responsibilities; risk assessments and employee rights.  

1. 1The Care Act 2014 and supporting Care and Support Statutory Guidance, 2021 requires local authorities to have in place a framework and process for the management of allegations against “people in a position of trust.”

1. 2 Other relevant legislation includes Data Protection Act 2018, European General Data Protection Regulation 2018 (GDPR) and Human Rights Act 1998, which must be considered, within these procedures

1. 3 Care and Support Statutory Guidance states that safeguarding is not a substitute for: providers’ responsibilities to provide safe and high-quality care and support commissioners regularly assuring themselves of the safety and effectiveness of commissioned services:

• the Care Quality Commission (CQC) ensuring that regulated providers comply with the fundamental standards of care or by taking enforcement action
• the core duties of the police to prevent and detect crime and protect life and property.

1.4 This policy document should be read in conjunction with the Joint Multi-Agency Safeguarding Adults Policy and Procedures.

1.5 Raising a safeguarding concern about an adult at risk. 

If an allegation is made that concerns the actions of a professional, student or volunteer, which relates to alleged abuse or neglect of an adult with care and support needs, then a safeguarding concern should be raised in accordance with  the Joint Multi-Agency Safeguarding Adults Policy and Procedures. Please note a PiPoT concern does not need to be raised. For details on how to report a safeguarding concern to North Yorkshire Council click on this link.

1.6 If a person has been arrested

If a person has been arrested and are employed and/or undertake voluntary work the person will receive a Common Law Disclosure Notice (CLPD) when they are given their Rights and Entitlements. This is information regarding the possibility that the police may disclose information about the individual to an employer, regulator, or voluntary organisation.

The CLPD provisions relate to the circumstances in which the police use common law powers to disclose police information regarding an individual to enable a third party to consider risk mitigation measures in respect of an employment or voluntary role believed to be undertaken by that individual