We often find Early Years employers are confused about transferable risk.
In looking at the KCISE (which is not mandatory in private day nurseries, only maintained ones) its worth noting what its says about transferable risk. Remember the thresholds for LADO are:
Behaved in a way that has harmed a child, or may have harmed a child; and/or
- Possibly committed a criminal offence against or related to a child; and/or
- Behaved towards a child or children in a way that indicates he or she may pose a risk of harm to children; and/or
- Behaved or may have behaved in a way that indicates they may not be suitable to work with children.
The KCISE says
The last bullet point above includes behaviour that may have happened outside of school or college, that might make an individual unsuitable to work with children, this is known as transferable risk.
Where appropriate an assessment of transferable risk to children with whom the person works should be undertaken. If in doubt seek advice from the local authority designated officer (LADO).
So what are examples of transferable risk?
We recall a parent whose children were placed on a child protection plan due to her alcoholism and she was being deemed to be a transferable risk. Nothing had happened in Pre-school but it was deemed as a transferable risk. Similarly the employee in a Day Nurdery whose relationship with a sex offender was deemed to place her own children at risk of harm, this was also established to be a transferable risk.
So what should employers do when faced with a possible transferable risk?
Speak to the LADO, they exist to have oversight of individual cases, to give advice and guidance to employers and voluntary organisations, liaison with the police and other agencies and the monitoring of cases to make sure they are dealt with as quickly as possible and are consistent with a thorough and fair process. Their favourite phrase at the moment does appear to be “seek your own HR advice”. They would want you to raise concerns of transferable risk with them.
What does this mean in terms of HR?
Employers will need their HR support to assist them with concerns raised that an employee might present a transferable risk? Ask your HR Consultancy do they understand this term and are they in a position to assist you manage the case. If they don’t understand are they really in a position to support you with employment matters involving your employees in Early Years?
If we can be of any assistance, please contact us on 01527 909436.