Concluding the Process/Outcome Decisions

A Section 5 Strategy Meeting/Discussion should be held to conclude the process and determine the outcome decision. This decision will be made on the balance of probabilities and in conjunction with all information shared during the process.

The “balance of probabilities” is a legal standard of proof used in civil and administrative processes (including safeguarding procedures). It means that, when deciding whether something happened, the decision-maker(s) must consider whether it is more likely than not that the event occurred.

In other words:

• The evidence only needs to tip slightly in favour of one side.
• It does not require absolute certainty or proof beyond reasonable doubt (which is the criminal standard).

This standard is commonly used in safeguarding because the focus is on risk management and protection rather than criminal conviction.

When reaching an outcome/determination we are considering the four threshold criteria in conjunction with the identified allegation.

The following will guide agencies in determining which outcome applies.

Outcome decision will be within the following four categories, based on the balance of probabilities:

1. Substantiated – one which is established by evidence or proof (on the balance of probability).
2. Unsubstantiated – there is insufficient evidence to prove or disprove the allegation(s) and is not determined substantiated, unfounded, deliberately invented or malicious.
3. Unfounded – there is no evidence/grounds to prove or support the allegation. There may be information that completely refutes the allegation made.
4. Malicious – there is clear evidence to prove there has been a deliberate act to deceive, and the allegation is entirely false.

Caution should be exercised in determining an allegation as malicious, however, with appropriately clear evidence it is right to record this fact

The multi-agency group will reach a collective decision in relation to the outcome decision and category determination. If this cannot happen the LADO/DOS will guide the group to make the decision. However, the LADO/DOS will have the discretion to overrule flawed decisions providing a rationale for so doing. Where consensus cannot be reached the LADO/DOS will make the decision.

Outcome decisions must be recorded and where there is differing viewpoints these must be captured within the record of the meeting.

If the allegations are not deemed to be substantiated, then the outcome must be recorded as unsubstantiated, unfounded or malicious

Ongoing & Transferrable Risk Considerations

When concluding the process, consideration must also be given to any ongoing and transferrable risks that the strategy group determine the individual may pose in their role. There may be scenarios where there is a substantiated outcome but the transferrable risk to the group the individual works with is deemed to be low.

Conversely, an unsubstantiated outcome may have been reached but other information and transferrable risks have been identified in terms of the individuals ongoing role and there appears to be a high level of transferrable risk.

It is the responsibility of the professional strategy group to consider risk and document these decisions and rationale alongside the outcome categories.

The discussions should inform any ongoing management and/or mitigation of these risks for employers/organisations.