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Glossary › Allegation outcomes

What are the outcomes of an allegation against staff?

KCSIE sets five outcomes for an allegation against someone who works with children: substantiated, malicious, false, unsubstantiated and unfounded. The outcome decides what is kept on file and what goes in a reference.

Checked against the official guidance on . Sources

The definitions are in KCSIE 2026 Part four, paragraph 482. In our words:

  • Substantiated: there is enough evidence to prove the allegation.
  • Malicious: there is enough evidence to disprove it, and there was a deliberate act to deceive or to cause harm to the person accused.
  • False: there is enough evidence to disprove it.
  • Unsubstantiated: there isn't enough evidence to prove or disprove it. This doesn't imply guilt or innocence.
  • Unfounded: there is no evidence or proper basis to support the allegation.

The outcome matters afterwards. If an allegation is substantiated and the person leaves or is dismissed, the school must refer to the DBS where the criteria are met, and for teaching staff the case manager must consider a referral to the TRA (paragraphs 484 to 486).

On records, malicious and false allegations should be removed from personnel records unless the person agrees otherwise. For the others, keep a clear summary, the follow-up and the outcome (paragraph 498). In references, include substantiated allegations, factually, and leave out those found to be false, unfounded, unsubstantiated or malicious (paragraph 502).

People often treat "unsubstantiated" and "unfounded" as the same. They aren't: unsubstantiated means the evidence was inconclusive, while unfounded means there was nothing to support the allegation at all.

In the official guidance

  1. Keeping children safe in education 2026, Part four, paragraphs 482 to 486, 498 and 502 (DfE, in force from 1 September 2026).

Last checked . This explains the official guidance in plain words. It isn’t legal advice, and your local safeguarding partnership’s procedures and your own policies also apply. If anything here is wrong or out of date, email support@pupilprotect.co.uk.

Related terms

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