MyTutor follows a Safer Recruitment process when recruiting staff and tutors, however, DBS checks alone do not guarantee a person does not pose a risk of harm to children as, whilst they are essential in proving that the person has no current criminal record, they are not predictive of the potential risk they may pose to a child.

To reduce the potential that a person may pose a risk of harm to children, MyTutor will take the following actions:

MyTutor has a responsibility to the students who use the platform, to ensure we follow up on any allegation of abuse made by a child against a tutor who we have engaged to deliver our services, or a member of MyTutor staff (including supply staff, volunteers or governors) who may come in contact with a child via the course of their work, in a fair, quick and consistent way that provides effective protection for the child, and at the same time supports the person who is the subject of the allegation.

All tutors and members of staff at MyTutor are trained to know what happens if:

The definition of which actions or behaviours meet the “threshold for harm” are taken from Keeping Children Safe in Education (KCSIE) 2023 which states that:

Any person who works in regulated activity with children, in connection with their employment or voluntary activity, with the children’s workforce has:

The concerns should be considered within the context of the four categories of abuse (physical, sexual and emotional abuse and neglect). These will include concerns relating to inappropriate relationships between members of staff and children or young people, for example:

Allegations of historical abuse will be responded to in the same way as contemporary concerns. In these cases, it is important to find out whether the person against whom the allegation is made is still working as a tutor either for MyTutor or in another setting and, if so, to refer to the Local Authority Designated Officer (LADO) for advice on how to proceed.

An allegation or concern raised about a member of staff or tutor may arise from a number of sources, for example, a report from a child, a concern raised by another staff member at MyTutor or a complaint by a parent or school. It may also arise in the context of the member of staff and their life outside work or at home.

The person to whom an allegation or concern is first reported to should treat the matter seriously and keep an open mind. They should not:

All concerns should be handled in accordance with the below process

When informed of a concern or allegation, the CM will not investigate the matter but will gather initial information and liaise with the LADO.

The CM will inform the LADO within one working day after an allegation is made and prior to any further investigation taking place. If it is outside of normal working hours and there is an immediate risk to a child/ren then the DSL will call the Local Authority Children’s Social Care Emergency Duty Team and the Police, if necessary.

The CM will carry out a risk assessment. This will include ensuring safety, identifying a safety plan and any potential organisational risk.

The LADO will decide whether or not informing the parents of the child/ren involved will impede the disciplinary or investigative processes. If it is agreed that the information can be fully or partially shared, the CM will inform the parent/s. In some circumstances, however, the parent/s may need to be told straight away (e.g. if a child is injured and requires medical treatment).

The parent/s and the child, if sufficiently mature, should be helped to understand the processes involved and be kept informed about the progress of the case and of the outcome where there is no criminal prosecution. This will include the outcome of any disciplinary process, but not the deliberations of, or the information used in, a hearing.

MyTutor will seek advice from the LADO, the police and/or Children's Social Care about how much information should be disclosed to the accused person.

Subject to restrictions on the information that can be shared, the CM should, as soon as possible, inform the accused person about the nature of the allegation, how enquiries will be conducted and the possible outcome (e.g. disciplinary action, and dismissal or referral to the DBS or regulatory body).

The accused member of staff or tutor will:

MyTutor will not suspend a member of staff or tutor without serious consideration and will not do it automatically when an allegation has been made. Depending on the nature of the case, it may be possible that alternative arrangements are made so that the individual can continue working.

Ultimately, MyTutor is responsible for the decision to suspend a member of staff or tutor, but will listen to the views of the police, other agencies and/or LADO regarding suspension.

In the case of suspension, the individual will receive written confirmation within one working day and will be informed of the reason for the suspension.

In the case of allegations against MyTutor staff, the Head of People will also be informed.

Allegations that do not meet the “threshold for harm” (as defined above), are known as low-level concerns. Low-level concerns regarding behaviour or conduct can exist on a wide spectrum – from non-deliberate or thoughtless, through to that which is ultimately intended to enable abuse.

Examples of such behaviour could include, but are not limited to:

In order to determine the level of risk associated with an incident MyTutor will consider the following:

For situations where it is difficult to determine the level of risk, the DSL will liaise with the LADO in the Local Authority where the tutor currently lives, to seek advice and guidance. All information will be reported and recorded securely, in line with MyTutor’s privacy policy.

Where it is determined that the incident does not meet the threshold of harm/risk of harm and is recorded as a low-level concern, then MyTutor will ensure that any conduct or behaviour issues are addressed with the tutor through the Quality Review process, as outlined in this policy.

MyTutor’s Designated Safeguarding Lead (DSL) will investigate all incidents where there is an allegation against a tutor, to determine whether it constitutes a low-level concern or meets the threshold for harm. It is important to point out that ‘low-level’ does not mean insignificant, but may constitute conduct, performance or disciplinary issues and so should be addressed by the Quality Review Processes in place at MyTutor.

A senior leader will be responsible for collecting all available evidence where necessary by speaking:

The information collected will then be used to categorise the type of behaviour and determine any further action, in line with the staff Code of Conduct.

If the concern is of a safeguarding nature, liaison with the LADO will be carried out. The LADO can be re-contacted at any time if the evidence that is gathered raises further concerns or meets the allegation thresholds.

The following definitions will be used when determining the outcome of allegation investigations:

Substantiated allegations

There is sufficient evidence to prove the allegation that a child has been harmed or there is a risk of harm.

Malicious

There is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive. The police should be asked to consider what action may be appropriate in these circumstances.

False allegations

There is sufficient evidence to disprove the allegation, however, there is no evidence to suggest that there was a deliberate intention to deceive.

Unsubstantiated allegations

There is insufficient evidence to either prove or disprove the allegation. The term, therefore, does not imply guilt or innocence.

Unfounded

The additional definition of ‘unfounded’ can be used to reflect cases where there is no evidence or proper basis which supports the allegation being made. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively, they may not have been aware of all the circumstances.

The CM will put the outcome and recommendations in writing to the alleged person and send a copy of the letter to the LADO who will keep this on the LADO database.

In accordance with Keeping Children Safe in Education (KCSIE, 2023) any case in which an allegation was found to be false, unfounded, unsubstantiated or malicious will not be included in references. Any repeated concerns or allegations which have all been found to be false, unfounded, unsubstantiated or malicious will also not be included in any reference.

Substantiated allegations will be included in references, provided that the information is factual and does not include opinions.

Details of allegations, following an investigation, that are found to have been malicious or false should be removed from personnel records unless the individual gives their consent for retention of the information. However, for all other allegations, it is important that the following information is kept on the file of the person accused:

Where records contain information about allegations of sexual abuse, these will be preserved for the Independent Inquiry into Child Sexual Abuse (IICSA), for the term of the inquiry.

MyTutor will retain all other records at least until the individual has reached normal pension age, or for 10 years from the date of the allegation if that is longer.

If the allegation is substantiated and the individual is dismissed or resigns, MyTutor will make a referral to the DBS for consideration of whether inclusion on the barred lists is required.

If the member of staff or tutor resigns whilst the investigation is ongoing, MyTutor will ensure that every effort is made to reach a conclusion in all cases of allegations involving the safety or welfare of children, including any in which the person concerned refuses to cooperate.

Every effort will be made to maintain confidentiality while an allegation is being investigated or considered. Apart from keeping the child, parents and accused person (where this would not place the child at further risk) up to date with the progress of the case, information should be restricted to those who have a need to know, in order to protect children, facilitate enquiries and manage related disciplinary or suitability processes.