Distinguishing Complaints, Concerns, Allegations and Poor Practice

It may not be clear whether an incident/matter constitutes a complaint, concern or allegation that requires a referral under the Section 5 procedures.
Creating consistency in this area starts with improving clarity in respect of what constitutes an allegation, a concern or complaint. Having a clear understanding of what constitutes each of these, supports better safeguarding practice

It is important to remember that in order to be an allegation that is considered within this process, the alleged incident (whether it took place within the context of their role or private life) is serious or significant enough as to suggest that harm or abuse has or could be caused, or that the alleged behaviour indicates the individual may pose a risk of harm to adults at risk/children (or otherwise meet the criteria above).

Issues that do not meet this threshold may constitute conduct or disciplinary issues and should be addressed by employers using their appropriate organisational procedures. There are clear distinctions between an allegation and concern about the quality of care or practice or a complaint.

Clear categorisation enables proportionate and lawful responses.

Complaints

Expressions of dissatisfaction about service delivery or conduct. Managed through

Organisational complaints procedures.

Concerns

Observations or information indicating potential issues with practice or behaviour that May suggest emerging risk.

Allegations

Information meeting one or more Threshold Criteria indicating harm or risk of harm.

What is this?

Complaint

A complaint can be defined as:

An expression of dissatisfaction provided verbally or in writing. It could be an objection to something that is considered unfair, unacceptable or not meeting the standards expected.

Concern

Concerns can be raised in respect of practice.

They can be directly related to the quality of the care provided or they can sometimes be raised in respect of information or observations of poor practice. There may also incidents in an individual’s private life that constitutes a significant concern that could call into question an individual’s suitability to be in their role.

Safeguarding Allegation

An allegation within the context of Section 5 safeguarding procedures is defined below.

Where it is alleged that a person who works with adults at risk or children has:

• Behaved in a way that has harmed an adult at risk or child or has harmed an adult at risk or child.
• Possibly committed a criminal offence against or related to an adult at risk or child.
• Behaved towards an adult(s) at risk or child(ren) in a way that indicates they may pose a risk of harm to adults at risk or children.
• Behaved in a way in their personal life which indicates a potential risk to an adult at risk or children within their identified
  employment/volunteering.

The information reported must meet the clearly defined threshold above in order to be deemed an ‘allegation’ in respect of safeguarding.