CONSENT TO INVESTIGATION OR REPORTING EXTERNALLY STATEMENT
Where a report is received by University of Winchester or where evidence of any breaches of policies comes to our attention, the University will normally only undertake an investigation or make a report of any complaint or evidence to an external third party with the consent of the complainant or victim of any breach of policy. However, there are some circumstances in which we may need to investigate or make an external report even if there is no consent given.
An allegation about behaviour by a staff member or student towards a student who is under the age of 18.
The University may need to do the following:
1. Report the matter to the police and/or social care services, including where a child is in immediate danger or is at risk of harm, a crime is in progress or there is evidence of a possible criminal offence, or life is at risk.
2. Notify the Local Authority Designated Officer, including where the case meets the reporting threshold for a “safeguarding allegation relating to a child”.
3. Where the identity of the child is known, the child’s parents may be informed.
4. Investigate the matter further in accordance with the University’s internal policies. In deciding whether to investigate in such circumstances, the University will consider, for example, the seriousness of the incident or where multiple allegations have been made against an individual.
An allegation about behaviour by a staff member or student towards an adult at risk.
The University may need to do the following:
The University may need to do the following:
1. Refer the matter to adult social care and/or police including if an adult at risk is in immediate danger or is at risk of harm, a crime is in progress, has occurred or may occur or life is at risk.
2. If, on the basis of the information available, it appears to the University that the following three criteria are met, referring to adult social care:
- a person has care and support needs (regardless of the level or seriousness of those care and support needs);
- they may be experiencing or at risk of abuse and neglect; and
- they are unable to protect themselves from that abuse and neglect because of those care and support needs.
3. If an adult refuses intervention to support them, or requests that information about them is not shared with other safeguarding partners, a referral to a third party may be made by the University on a case by case basis including if:
- the adult lacks the mental capacity to make that decision – this must be properly explored and recorded in line with the Mental Capacity Act 2005;
- other people are, or may be, at risk, including children;
- sharing the information could prevent a crime;
- the alleged abuser has care and support needs and may also be at risk;
- a serious crime has been committed;
- the adult has the mental capacity to make that decision but they may be under duress or being coerced;
- the risk is unreasonably high and meets the criteria for a multi-agency risk assessment conference referral; and/or
- a court order or other legal authority has requested the information.
4. Investigate the matter further in accordance with its internal policies. In deciding whether to investigate in such circumstances, the University will consider, for example, the seriousness of the incident or where multiple allegations have been made against an individual.
An allegation about behaviour by a staff member or student towards another staff member or student over the age of 18.
The University may need to do the following:
The University may need to do the following:
1. Report the matter to the police including if a crime is in progress, has occurred or may occur, or life is at risk.
2. Refer the matter to the police on a “no names” basis or on a case by case basis on a named basis, including if there if there is a risk to safety or well-being of the complainant. On a case by case basis, the University may report the name of the subject of the complaint to the police for example, where an allegation of serious sexual assault has been made.
3. Investigate the matter further in accordance with its internal policies. In deciding whether to investigate in such circumstances, the University will consider, for example, the seriousness of the incident or where multiple allegations have been made against an individual.
4. The University will usually investigate serious allegations made against a member of staff, even if the reporting person does not wish this to happen.
Allegations against staff members will normally be investigated.
4. The University will usually investigate serious allegations made against a member of staff, even if the reporting person does not wish this to happen.
Allegations against staff members will normally be investigated.
Anonymous Reports
If a report is received anonymously by the University then the University may decide to take any of the above actions as appropriate to the circumstances.
Definitions
A “child” is anyone who has not yet reached their 18th birthday. The fact that a child has reached 16 years of age, is living independently or is in further education does not change their status or entitlements to services or protection.
An "adult with care and support needs" or “adult at risk” – to whom safeguarding duties apply – is a person aged 18 or over who:
• has needs for care and support (whether or not the local authority is meeting any of those needs); • is experiencing, or is at risk of, abuse or neglect; and
• as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.
A “safeguarding allegation relating to a child” is an allegation that a person has:
• behaved in a way that has harmed a child, or may have harmed a child
• possibly committed a criminal offence against or related to a child
• behaved towards a child or children in a way that indicates they may pose a risk of harm to children.